The Laws of War, Affecting Commerce and Shipping — John Shaqi
The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
Because a precept cannot be found to be settled by the consent or
practice of nations at one time, it is not to be concluded that it
cannot be incorporated into the public code of nations, at some
subsequent period. Nor is it to be admitted, that no precept belongs
to the law of nations which is not _universally_ recognised as such,
by all civilized communities, or even by those constituting what may
be called the Christian states of Europe. Some doctrines, which we, as
well as the United States, admit to belong to the Law of Nations, are
comparatively of recent origin and application, and even at this
period have received no public or general sanction in other nations;
and yet, inasmuch as they are founded on a just view of the duties and
rights of nations, according to a modern universal sense of what is
just, they are enforced here as ascertained laws.[1]
By a similar train of reasoning, not only may the international
tribunals of England enunciate new rules of law, as universal law, if
founded and fairly deduced from ascertained modern, public, and
international opinion; but they may refuse to alter settled rules,
however much opposed by other nations, provided those rules are still
deducible from that origin.
Generally, every doctrine fairly deduced, by correct reasoning, from
the rights and duties of nations, and the nature of moral obligation,
may be said to exist in the Law of Nations. Those rights, duties, and
that moral obligation, are to be ascertained from the enunciation of
them in past times, unless they have been relaxed, waived, or altered
by universal modern opinion.
We may regard, then, the Law of Nations to be a system of political
ethics; not reduced to a written code, but to be sought for, (not
founded,) in the elementary writings of publicists, judicial
precedents, and general usage and practice; but _continually_ open to
change and improvement; as the views of men in general, change or
improve, with regard to the questions--What is right? What is just?
Now to apply the above to one example.
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