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
most useful introduction to the law of England, but might also become an
interesting part of general study, and an important branch of the
education of those who were not destined for the profession of the law.
I was confirmed in my opinion by the assent and approbation of men,
whose names, if it were becoming to mention them on so slight an
occasion, would add authority to truth, and furnish some excuse even for
error. Encouraged by their approbation, I resolved without delay to
commence the undertaking, of which I shall now proceed to give some
account; without interrupting the progress of my discourse by
anticipating or answering the remarks of those who may, perhaps, sneer
at me for a departure from the usual course of my profession; because I
am desirous of employing in a rational and useful pursuit that leisure,
of which the same men would have required no account, if it had been
wasted on trifles, or even abused in dissipation.
The science which teaches the rights and duties of men and of states,
has, in modern times, been called the Law of Nature and Nations. Under
this comprehensive title are included the rules of morality, as they
prescribe the conduct of private men towards each other in all the
various relations of human life; as they regulate both the obedience of
citizens to the laws, and the authority of the magistrate in framing
laws and administering government; as they modify the intercourse of
independent commonwealths in peace, and prescribe limits to their
hostility in war. This important science comprehends only that part of
_private ethics_ which is capable of being reduced to fixed and general
rules. It considers only those general principles of _jurisprudence_ and
_politics_ which the wisdom of the lawgiver adapts to the peculiar
situation of his own country, and which the skill of the statesman
applies to the more fluctuating and infinitely varying circumstances
which affect its immediate welfare and safety. "For there are in nature
certain fountains of justice whence all civil laws are derived, but as
streams; and like as waters do take tinctures and tastes from the soils
through which they run, so do civil laws vary according to the regions
and governments where they are planted, though they proceed from the
same fountains."[2]--_Bacon's Dig. and Adv. of Learn._ Works, vol. i. p.
101.
Public-domain text, read in full here on John Shaqi.
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