International law; Natural law; War (International law)
XIII. There is a certain degree of equality, too, in beneficial or
gratuitous acts, not indeed like that prevailing in contracts of
exchange, but proceeding upon a supposition of the hardship, that
any one should receive detriment from voluntary services, which he
bestows. For which reason a voluntary agent ought to be indemnified
for the expence or inconvenience, which he incurs, by undertaking the
business of another. A borrower too is bound to repair a thing that has
been damaged or destroyed. Because he is bound to the owner not only
for the thing itself, by virtue of the property which he retains in
it, but he owes a debt of gratitude also for the favour of the loan;
unless it appears that the thing so lent would have perished, had it
even remained in possession of the owner himself. In this case, the
owner loses nothing by the loan. On the other hand, the depositary has
received nothing but a trust. If the thing therefore is destroyed, he
cannot be bound to restore what is no longer in existence, nor can he
be required to make a recompence, where he has derived no advantage;
for in taking the trust he did not receive a favour, but conferred
one. In a pawn, the same as in a thing let out for hire, a middle way
of deciding the obligation may be pursued, so that the person taking
it is not answerable, like a borrower, for every accident, and yet he
is obliged to use greater care, than a bare depositary, in keeping
it safe. For though taking a pledge is a gratuitous acceptance, it
is followed by some of the conditions of a contract. All these cases
are conformable to the Roman law, though not originally derived from
thence, but from natural equity. Rules, all of which may be found among
other nations. And, among other works, we may refer to the third book
and forty-second chapter of the GUIDE FOR DOUBTFUL CASES, written by
Moses Maimonides, a Jewish writer.
Upon the same principles the nature of all other contracts may be
explained; but the leading features in those of certain descriptions
seemed sufficient for a treatise like the present.
XIV. The general demand for any thing, as Aristotle has clearly
proved, constitutes the true measure of its value, which may be seen
particularly from the practice prevailing among barbarous nations of
exchanging one thing for another. But this is not the only standard:
for the humours and caprice of mankind, which dictate and controul all
regulations, give a nominal value to many superfluities. It was luxury,
says Pliny, that first discovered the value of pearls, and Cicero has
somewhere observed, that the worth of such things can only be estimated
by the desires of men.
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