Principles Of The Law Of Nations; With Practical Notes And Supplementary Essays On The Law Of…

Paperback | May 20, 2014

byArcher Polson

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ... THE LAW OF NATIONS. Section I. INTRODUCTION. I. The Law of Nations1 is that law by which the relative rights and duties of nations, whether belligerent or neutral, at war or peace, are defined and enforced. It is not to be confounded with the Jus Gentium of the Roman civilians, who by that term intended what has been usually understood and discussed as the laws of nature. Quod naturalis ratio inter omnes homines constituit, id apud omnes peraeque custoditur, vocaturque jus gentium. (D. i. 1, 9.) The law of nature, according to the civilians, embraced the whole animal kingdom in its operation; while with us the law of nature is, like the jus gentium, considered as operating upon mankind alone. II. Opinions differ as to the origin and proper character of this system. Hobbes and PufFendorf2 deny that the distinction between the law is other than verbal, and affirm that " what, speaking of the duty of particular men, we call the law of nature, the same we term the law of nations when we apply it to whole states, nations, and people." Grotius, on the other hand, treats the distinction as real and substantial: "When," he says, " many men of different times and places unanimously affirm the same thing for truth, this ought to be ascribed to a general cause, which in the question whereof we are treating can be no other than 1 Locke denominates this system "civil law," On Education, 175, and Dr. Zouch, an eminent English civilian, has suggested the title Jus inter Gentes, or, as we translate it, international law, as the most appropriate; which suggestion, has been adopted by the Oancellor D'Aguesseau, Mr. Bentham, and Dr. Wheaton, the author of one of the latest, and, in most respects, the most useful work on the subject. Doubting, however,...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ... THE LAW OF NATIONS. Section I. INTRODUCTION. I. The Law of Nations1 is that law by which the relative rights a...

Format:PaperbackDimensions:108 pages, 9.69 × 7.44 × 0.22 inPublished:May 20, 2014Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217977073

ISBN - 13:9780217977074

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