International law; Natural law; War (International law)
Now there is no consistency in this opinion, taken in the general sense
intended by its author. For in the first place it immediately follows
from thence, that there is no force in treaties between kings and
different nations, till some part of them be carried into execution,
especially in those places, where no certain form of treaties or
compacts has been established. But no just reason can be found, why
laws, which are a kind of general agreement among a people, and indeed
are called so by Aristotle, and Demosthenes, should be able to give the
force of obligation to compacts, and why the will of an individual,
doing every thing to bind himself, should not have the same power;
especially where the civil law creates no impediment to it. Besides,
as it has been already said that the property of a thing may be
transferred, where a sufficient indication of the will is given. Why
may we not then convey to another the right to claim a transfer of our
property to him, or the fulfilment of our engagements, as we have the
same power over our actions, as over our property?
This is an opinion confirmed by the wisdom of all ages. For as it
is said by legal authorities, that since nothing is so consonant to
natural justice, as for the will of an owner, freely transferring his
property to another, to be confirmed, so nothing is more conducive to
good faith among men, than a strict adherence to the engagements they
have made with each other. Thus a legal decision for the payment of
money, where no debt has been incurred, except by the verbal consent of
the party promising, is thought conformable to natural justice. Paulus
the Lawyer also says, that the law of nature and the law of nations
agree in compelling a person, who has received credit, to payment. In
this place the word, COMPELLING, signifies a moral obligation. Nor
can what Connanus says be admitted, which is, that we are supposed to
have credit for a full performance of a promise, where the engagement
has been in part fulfilled. For Paulus in this place is treating of an
action where nothing is due; which action is entirely void, if money
has been paid, in any way, whether according to the manner expressly
stipulated, or any other. For the civil law, in order to discourage
frequent causes of litigation, does not interfere with those agreements
which are enforced by the law of nature and of nations.
Tully, in the first book of his Offices, assigns such force to the
obligation of promises, that he calls fidelity the foundation of
justice, which Horace also styles the sister of justice, and the
Platonists often call justice, TRUTH, which Apuleius has translated
FIDELITY, and Simonides has defined justice to be not only returning
what one has received, but also speaking the truth.
But to understand the matter fully, we must carefully observe that
there are three different ways of speaking, respecting things which
ARE, or which, it is supposed, WILL be in our power.
Public-domain text, read in full here on John Shaqi.
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