International law; Natural law; War (International law)
Now it is to be observed, that an artificial system may possess many
different forms, as in an army under one supreme commander there are
many subordinate parts, and inferior powers, while in the operations
of the field it appears but as one body. In same manner, the union of
the legislative and executive in a state gives it the appearance of
one form, while the distinction between subject and sovereign, and
their still mutual relation give it another. The executive power is the
politician's concern; the judicial, the lawyer's. Nor did this escape
the notice of Aristotle. For he says it belongs to a science different
from that of politics to determine whether, under a change in the form
of government, the debts contracted under the old system ought to be
discharged by the members of the new. He does this, to avoid the fault
which he blames in many other writers, of making digressions from one
subject to another.
It is evident that a state, which from a commonwealth has become a
regal government, is answerable for the debts incurred before that
change. For it is the same people, possessing all the same rights,
and powers, which are now exercised in a different manner, being no
longer vested in the body, but in the head. This furnishes a ready
answer to a question some times asked, which is, what place in general
assemblies of different states, ought to be assigned to a sovereign,
to whom the people of a commonwealth have transferred all their power?
Undoubtedly the same place which that people or their representatives
had occupied before in such councils. Thus in the Amphictyonic council,
Philip of Macedon succeeded to the place of the Phocensians. So, on the
other hand, the people of a commonwealth occupy the place assigned to
sovereigns.
VIII.[23] Whenever two nations become united, their rights, as distinct
states, will not be lost, but will be communicated to each other. Thus
the rights of the Albans in the first place, and afterwards those
of the Sabines, as we are informed by Livy, were transferred to the
Romans, and they became one government. The same reasoning holds good
respecting states, which are joined, not by a federal UNION, but by
having one sovereign for their head.
IX. On the other hand, it may happen that a nation, originally forming
but one state, may be divided, either by mutual consent, or by the
fate of war; as the body of the Persian Empire was divided among the
successors of Alexander. When this is the case, many sovereign powers
arise in the place of one, each enjoying its independent rights,
whatever belonged to the original state, in common, must either
continue to be governed as a common concern, or be divided in equitable
proportions.
Public-domain text, read in full here on John Shaqi.
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