The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian tradeGrotius, Hugo
Philosophy
The freedom of the seas : $b or, The right which belongs to the Dutch to take part in the East Indian trade
Grotius, Hugo
Freedom of the seas; Law of the sea
Ad eam vero, quae nunc est, dominiorum distinctionem non impetu
quodam, sed paulatim ventum videtur, initium eius monstrante natura.
Cum enim res sint nonnullae, quarum usus in abusu consistit, aut
quia conversae in substantiam utentis nullum postea usum admittunt,
aut quia utendo fiunt ad usum deteriores, in rebus prioris generis,
ut cibo et potu, proprietas statim quaedam ab usu non seiuncta
emicuit.[50a] Hoc enim est proprium esse, ita esse cuiusquam ut et
alterius esse non possit; quod deinde ad res posterioris, generis,
vestes puta, et res mobiles alias aut se moventes ratione quadam
productum est.
Quod cum esset, ne res quidem immobiles omnes, agri
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But that kind of common possession relates to use, as is seen from a
quotation from Seneca:[48]
“_Every path was free,
All things were used in common._”
According to his reasoning there was a kind of sovereignty, but it
was universal and unlimited. For God had not given all things to
this individual or to that, but to the entire human race, and thus
a number of persons, as it were en masse, were not debarred from
being substantially sovereigns or owners of the same thing, which is
quite contradictory to our modern meaning of sovereignty. For it now
implies particular or private ownership, a thing which no one then
had. Avienus has said very pertinently:[49] ‘All things belonged to
him who had possession of them’.
It seems certain that the transition to the present distinction of
ownerships did not come violently, but gradually, nature herself
pointing out the way. For since there are some things, the use of
which consists in their being used up, either because having become
part of the very substance of the user they can never be used again,
or because by use they become less fit for future use, it has become
apparent, especially in dealing with the first category, such things
as food and drink for example, that a certain kind of ownership is
inseparable from use.[50] For ‘own’ implies that a thing belongs to
some one person, in such a way that it cannot belong to any other
person. By the process of reasoning this was next extended to things
of the second category, such as clothes and movables and some living
things.
When that had come about, not even immovables, such,
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Public-domain text, read in full here on John Shaqi.
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