Philosophical Works, v. 2 (of 4): Including All the Essays, and Exhibiting the More Important Alterations and Corrections in the Successive Editions Published by the AuthorHume, David
PhilosophyPhilosophy
Philosophical Works, v. 2 (of 4): Including All the Essays, and Exhibiting the More Important Alterations and Corrections in the Successive Editions Published by the Author
Hume, David
Knowledge, Theory of; Philosophy, English -- 18th century
[11] It is not here asserted, that _present possession_ or _conquest_
are sufficient to give a title against _long possession_ and _positive
laws_: but only that they have some force, and will be able to cast
the balance where the titles are otherwise equal, and will even be
sufficient _sometimes_ to sanctify the weaker title. What degree of
force they have is difficult to determine. I believe all moderate men
will allow, that they have great force in all disputes concerning the
rights of princes.
[12] To prevent mistakes I must observe, that this case of succession
is not the same with that of hereditary monarchies, where custom has
fixed the right of succession. These depend upon the principle of long
possession above explained.
SECTION XI.
OF THE LAWS OF NATIONS.
When civil government has been established over the greatest part of
mankind, and different societies have been formed contiguous to each
other, there arises a new set of duties among the neighbouring states,
suitable to the nature of that commerce which they carry on with each
other. Political writers tell us, that in every kind of intercourse
a body politic is to be considered as one person; and indeed, this
assertion is so far just, that different nations, as well as private
persons, require mutual assistance; at the same time that their
selfishness and ambition are perpetual sources of war and discord. But
though nations in this particular resemble individuals, yet as they are
very different in other respects, no wonder they regulate themselves by
different maxims, and give rise to a new set of rules, which we call
_the laws of nations_. Under this head we may comprise the sacredness
of the persons of ambassadors, the declaration of war, the abstaining
from poisoned arms, with other duties of that kind, which are evidently
calculated for the commerce that is peculiar to different societies.
But though these rules be superadded to the laws of nature, the former
do not entirely abolish the latter; and one may safely affirm, that the
three fundamental rules of justice, the stability of possession, its
transference by consent, and the performance of promises, are duties
of princes as well as of subjects. The same interest produces the same
effect in both cases. Where possession has no stability, there must
be perpetual war. Where property is not transferred by consent, there
can be no commerce. Where promises are not observed, there can be no
leagues nor alliances. The advantages, therefore, of peace, commerce,
and mutual succour, make us extend to different kingdoms the same
notions of justice which take place among individuals.
Public-domain text, read in full here on John Shaqi.
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