International law; Natural law; War (International law)
The term use is to be understood here as applied not only to the bare
unproductive use of a thing, but to that which is attended with profit,
whether it be temporary, personal, hereditary or circumscribed, as
was the case among the Hebrews with regard to transfers, which could
be made for no longer a time than till the year of Jubilee. The very
essence of a loan consists in a return of the same kind of thing
after a stated period. A return which can take place only in things
regulated by weight, number, or measure, whether it be in commodities
or money. But the exchange of labour branches out into various kinds of
recompence or return. As, for instance, a person gives his labour for
money, which in the daily transactions of life is called hire or wages:
where one undertakes to indemnify another for accidental losses or
damages, it is called insurance: a species of contract scarce known to
the ancients, but now forming a very important branch in all mercantile
and maritime concerns.
IV. Acts of communication are those, where each contributes a share
to the joint stock. Perhaps on one side, money, and on the other,
skill and labour may be given. But in whatever way these concerns are
regulated, they come under the denomination of partnerships. With this
class we may rank the alliances of different states in war. And of
the same description are those naval associations of individuals, so
frequently formed in Holland for protection against pirates or other
invaders, which is generally called an ADMIRALTY, and to which the
Greeks gave the name of a joint fleet.
V. and VI. Now mixed actions are either such in themselves, or made so
by some adventitious circumstance. Thus if I knowingly give one person
a greater price for a thing than I can purchase it for of another, the
excess of price may be considered partly as a gift, and partly as a
purchase. Or if I engage a goldsmith to make me any article with his
own materials, the price which I give will be partly a purchase, and
partly wages. The feudal system too might be considered as a train of
mixed contracts. Where the grant of the fee might be considered as
a beneficial act; but the military service required by the Lord, in
return for his protection, gave the fee the nature of a contract, where
a person did one thing expecting for it the performance of another. But
if any payment is attached to it by way of acknowledgement, it partakes
of the nature of a quit rent. So money sent to sea by way of venture is
something compounded of a contract, of a loan, and of an insurance.
VII. All acts beneficial to others, except those that are purely
gratuitous, come under the denomination of contracts.
Public-domain text, read in full here on John Shaqi.
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