A Discourse on the Study of the Law of Nature and Nations — John Shaqi
A Discourse on the Study of the Law of Nature and NationsMackintosh, James, Sir
Philosophy
A Discourse on the Study of the Law of Nature and Nations
Mackintosh, James, Sir
International law; Natural law
found rather apparent than real. If we could raise ourselves to that
height from which we ought to survey so vast a subject, these exceptions
would altogether vanish; the brutality of a handful of savages would
disappear in the immense prospect of human nature, and the murmurs of a
few licentious sophists would not ascend to break the general harmony.
This consent of mankind in first principles, and this endless variety in
their application, which is one among many valuable truths which we may
collect from our present extensive acquaintance with the history of man,
is itself of vast importance. Much of the majesty and authority of
virtue is derived from their consent, and almost the whole of practical
wisdom is founded on their variety.
What former age could have supplied facts for such a work as that of
Montesquieu? He indeed has been, perhaps justly, charged with abusing
this advantage, by the undistinguishing adoption of the narratives of
travellers of very different degrees of accuracy and veracity. But if we
reluctantly confess the justness of this objection; if we are compelled
to own that he exaggerates the influence of climate, that he ascribes
too much to the foresight and forming skill of legislators, and far too
little to time and circumstances, in the growth of political
constitutions; that the substantial character and essential differences
of governments are often lost and confounded in his technical language
and arrangement; that he often bends the free and irregular outline of
nature to the imposing but fallacious geometrical regularity of system;
that he has chosen a style of affected abruptness, sententiousness, and
vivacity, ill suited to the gravity of his subject: after all these
concessions (for his fame is large enough to spare many concessions),
the Spirit of Laws will still remain not only one of the most solid and
durable monuments of the powers of the human mind, but a striking
evidence of the inestimable advantages which political philosophy may
receive from a wide survey of all the various conditions of human
society.
In the present century a slow and silent, but very substantial
mitigation has taken place in the practice of war; and in proportion as
that mitigated practice has received the sanction of time, it is raised
from the rank of mere usage, and becomes part of the law of nations.
Whoever will compare our present modes of warfare with the system of
Grotius[14] will clearly discern the immense improvements which have
taken place in that respect since the publication of his work, during a
period, perhaps in every point of view, the happiest to be found in the
history of the world. In the same period many important points of public
law have been the subject of contest both by argument and by arms, of
which we find either no mention, or very obscure traces, in the history
of preceding times.
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