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
There are other circumstances to which I allude with hesitation and
reluctance, though it must be owned that they afford to a writer of this
age some degree of unfortunate and deplorable advantage over his
predecessors. Recent events have accumulated more terrible practical
instruction on every subject of politics than could have been in other
times acquired by the experience of ages. Men's wit, sharpened by their
passions, has penetrated to the bottom of almost all political
questions. Even the fundamental rules of morality themselves have, for
the first time, unfortunately for mankind, become the subject of doubt
and discussion. I shall consider it as my duty to abstain from all
mention of these awful events, and of these fatal controversies. But the
mind of that man must indeed be incurious and indocile, who has either
overlooked all these things; or reaped no instruction from the
contemplation of them.
From these reflections it appears, that, since the composition of those
two great works on the Law of Nature and Nations which continue to be
the classical and standard works on that subject, we have gained both
more convenient instruments of reasoning and more extensive materials
for science; that the code of war has been enlarged and improved; that
new questions have been practically decided; and that new controversies
have arisen regarding the intercourse of independent states, and the
first principles of morality and civil government.
Some readers may, however, think that in these observations which I
offer, to excuse the presumption of my own attempt, I have omitted the
mention of later writers, to whom some part of the remarks is not justly
applicable. But, perhaps, further consideration will acquit me in the
judgment of such readers. Writers on particular questions of public law
are not within the scope of my observations. They have furnished the
most valuable materials; but I speak only of a system. To the large work
of Wolffius, the observations which I have made on Puffendorff as a book
for general use, will surely apply with tenfold force. His abridger,
Vattel, deserves, indeed, considerable praise. He is a very ingenious,
clear, elegant, and useful writer. But he only considers one part of
this extensive subject, namely, the law of nations strictly so called;
and I cannot help thinking, that, even in this department of the
science, he has adopted some doubtful and dangerous principles, not to
mention his constant deficiency in that fulness of example and
illustration, which so much embellishes and strengthens reason. It is
hardly necessary to take any notice of the text-book of Heineccius, the
best writer of elementary books with whom I am acquainted on any
subject. Burlamaqui is an author of superior merit; but he confines
himself too much to the general principles of morality and politics, to
require much observation from me in this place. The same reason will
Public-domain text, read in full here on John Shaqi.
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