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
But another sort of answer is due to some of those[10] who have
criticised Grotius, and that answer might be given in the words of
Grotius himself.[11] He was not of such a stupid and servile cast of
mind, as to quote the opinions of poets or orators, of historians and
philosophers, as those of judges, from whose decision there was no
appeal. He quotes them, as he tells us himself, as witnesses whose
conspiring testimony, mightily strengthened and confirmed by their
discordance on almost every other subject, is a conclusive proof of the
unanimity of the whole human race on the great rules of duty and the
fundamental principles of morals. On such matters, poets and orators are
the most unexceptionable of all witnesses; for they address themselves
to the general feelings and sympathies of mankind; they are neither
warped by system, nor perverted by sophistry; they can attain none of
their objects; they can neither please nor persuade if they dwell on
moral sentiments not in unison with those of their readers. No system of
moral philosophy can surely disregard the general feelings of human
nature and the according judgment of all ages and nations. But where are
these feelings and that judgment recorded and preserved? In those very
writings which Grotius is gravely blamed for having quoted. The usages
and laws of nations, the events of history, the opinions of
philosophers, the sentiments of orators and poets, as well as the
observation of common life, are, in truth, the materials out of which
the science of morality is formed; and those who neglect them are justly
chargeable with a vain attempt to philosophise without regard to fact
and experience, the sole foundation of all true philosophy.
If this were merely an objection of taste, I should be willing to allow
that Grotius has indeed poured forth his learning with a profusion that
sometimes rather encumbers than adorns his work, and which is not always
necessary to the illustration of his subject. Yet, even in making that
concession, I should rather yield to the taste of others than speak from
my own feelings. I own that such richness and splendour of literature
have a powerful charm for me. They fill my mind with an endless variety
of delightful recollections and associations. They relieve the
understanding in its progress through a vast science, by calling up the
memory of great men and of interesting events. By this means we see the
truths of morality clothed with all the eloquence (not that could be
produced by the powers of one man, but) that could be bestowed on them
by the collective genius of the world. Even Virtue and Wisdom themselves
acquire new majesty in my eyes, when I thus see all the great masters of
thinking and writing called together, as it were, from all times and
countries, to do them homage, and to appear in their train.
Public-domain text, read in full here on John Shaqi.
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