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
provinces of the same empire, it became almost as essential that Europe
should have a precise and comprehensive code of the law of nations, as
that each country should have a system of municipal law. The labours of
the learned accordingly began to be directed to this subject in the
sixteenth century, soon after the revival of learning, and after that
regular distribution of power and territory which has subsisted, with
little variation, until our times. The critical examination of these
early writers would perhaps not be very interesting in an extensive
work, and it would be unpardonable in a short discourse. It is
sufficient to observe that they were all more or less shackled by the
barbarous philosophy of the schools, and that they were impeded in their
progress by a timorous deference for the inferior and technical parts of
the Roman law, without raising their views to the comprehensive
principles which will for ever inspire mankind with veneration for that
grand monument of human wisdom. It was only indeed in the sixteenth
century that the Roman law was first studied and understood as a science
connected with Roman history and literature, and illustrated by men
whom Ulpian and Papinian would not have disdained to acknowledge as
their successors.[8] Among the writers of that age we may perceive the
ineffectual attempts, the partial advances, the occasional streaks of
light which always precede great discoveries, and works that are to
instruct posterity.
The reduction of the law of nations to a system was reserved for
Grotius. It was by the advice of Lord Bacon and Peiresc that he
undertook this arduous task. He produced a work which we now indeed
justly deem imperfect, but which is perhaps the most complete that the
world has yet owed, at so early a stage in the progress of any science,
to the genius and learning of one man. So great is the uncertainty of
posthumous reputation, and so liable is the fame even of the greatest
men to be obscured by those new fashions of thinking and writing which
succeed each other so rapidly among polished nations, that Grotius, who
filled so large a space in the eye of his contemporaries, is now perhaps
known to some of my readers only by name. Yet if we fairly estimate both
his endowments and his virtues, we may justly consider him as one of the
most memorable men who have done honour to modern times. He combined the
discharge of the most important duties of active and public life with
the attainment of that exact and various learning which is generally the
portion only of the recluse student. He was distinguished as an advocate
and a magistrate, and he composed the most valuable works on the law of
his own country; he was almost equally celebrated as an historian, a
scholar, a poet, and a divine; a disinterested statesman, a
philosophical lawyer, a patriot who united moderation with firmness, and
a theologian who was taught candour by his learning. Unmerited exile did
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