Elements of Jurisprudence; Treated of in the Preliminary Part of a Course of Lectures on the Laws of England

Elements of Jurisprudence; Treated of in the Preliminary Part of a Course of Lectures on the Laws of England

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1792 edition. Excerpt: ...leads to a becoming, an interesting, and frequently a neeesiary accession to juridical attainments. States, like the individuals who compose them, are moral persons; they have a public understanding and will; they are capable of natural and acquired rights, and susceptible of respective obligations. The primary f law of nations therefore is no other than the law of nature, so far as it is applicable to them. For as the civil institutions of every country are partly of moral and partly of positive obligation, so the same distinction obtains in 4 Biirr. 1481, t Vatt. 1, of nat. prelim. . f. the the rules relating to the intercourse of different states. Whatever in this behalf reason dictates as a duty of natural justice, forms the necessary law of nations. This is of universal and indispensable obligation. On the other hand, whatever stipulations are in-, troduced by treaty, or customs prevail by tacit consent, constitute, as between the parties at least, the positive laws of nations. These rules may indeed be varied by subsequent conventions: but nb state can, by its separate ordinances, prejudice any part of the law of nations, any more than single citizens can, by their private resolutions, alter the law of the commonwealth, in which they live., The positive law of nations may also, I apprehend, be circumscribed in its extent; as certain European usages may never have been adopted in Africa. However, till the contrary appears, reasonable customs may, it seems, be presumed universally to prevajl. Hook. EccL Pol. b. i. . 10. We We are thus led to inquire into the means by which the law of nations may be ascertained and known. The principal of these is the use of reason, which prescribes the common dictates of morality. "Ratio, ...show more

Product details

  • Paperback | 34 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236591410
  • 9781236591418