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
The delusion is as old as it is detestable with which many men,
especially those who by their wealth and power exercise the greatest
influence, persuade themselves, or as I rather believe, try to
persuade themselves, that justice and injustice are distinguished
the one from the other not by their own nature, but in some fashion
merely by the opinion and the custom of mankind. Those men therefore
think that both the laws and the semblance of equity were devised
for the sole purpose of repressing the dissensions and rebellions of
those persons born in a subordinate position, affirming meanwhile
that they themselves, being placed in a high position, ought to
dispense all justice in accordance with their own good pleasure,
and that their pleasure ought to be bounded only by their own view
of what is expedient. This opinion, absurd and unnatural as it
clearly is, has gained considerable currency; but this should by
no means occasion surprise, inasmuch as there has to be taken into
consideration not only the common frailty of the human race by which
we pursue not only vices and their purveyors, but also the arts of
flatterers, to whom power is always exposed.
But, on the other hand, there have stood forth in every age
independent and wise and devout men able to root out this false
doctrine from the minds of the simple, and to convict its advocates
of shamelessness. For they showed that God was the founder and ruler
of the universe, and especially that being the Father of all mankind,
He had not separated human beings, as He had the rest of living
things, into different species and various divisions, but had willed
them to be of one race and to be known by one name; that
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dedisset insuper originem eandem, similem membrorum compagem, vultus
inter se obversos, sermonem quoque et alia communicandi instrumenta,
ut intelligerent omnes naturalem inter se societatem esse atque
cognationem. Huic autem a se fundatae aut domui aut civitati summum
illum principem patremque familias suas quasdam scripsisse leges,
non in aere aut tabulis, sed in sensibus animisque singulorum, ubi
invitis etiam et aversantibus legendae occurrent his legibus summos
pariter atque infimos teneri, in has non plus regibus licere, quam
plebi adversus decreta decurionum, decurionibus contra praesidium
edicta, praesidibus in regum ipsorum sanctiones. Quin illa ipsa
populorum atque urbium singularum iura ex illo fonte dimanare, inde
sanctimoniam suam atque maiestatem accipere.
Sicut autem in ipso homine alia sunt quae habet cum omnibus communia,
alia quibus ab altero quisque distinguitur, ita earum rerum quas in
usum hominis produxisset natura alias eam manere communes, alias
cuiusque industria ac labore proprias fieri voluisse, de utrisque
autem datas leges, ut communibus quidem sine detrimento omnium omnes
uterentur, de ceteris autem quod cuique contigisset eo contentus
abstineret alieno.
Public-domain text, read in full here on John Shaqi.
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