International law; Natural law; War (International law)
We must observe too that, if a thing has been twice sold, of the two
sales the one is valid, where an immediate transfer of the property has
been made, either by delivery of possession, or in any other mode. For
by this means the seller gives up an absolute right, which could not
pass by a promise alone.
XVI. It is not every kind of monopoly that amounts to a direct
violation of the laws of nature. The Sovereign power may have very just
reasons for granting monopolies, and that too at a settled price: a
noble instance of which we find in the history of Joseph, who governed
Egypt under the auspices of Pharaoh.[30] So also under the Roman
government the people of Alexandria, as we are informed by Strabo,
enjoyed the monopoly of all Indian and Ethiopian goods.
A monopoly also may, in some cases, be established by individuals,
provided they sell at a reasonable rate. But all combinations to raise
the necessary articles of life to an exorbitant rate, or all violent
and fraudulent attempts to prevent the market from being supplied,
or to buy up certain commodities, in order to enhance the price, are
public injuries and punishable as such.[31] Or indeed ANY WAY of
preventing the importation of goods, or buying them up in order to
sell them at a greater rate than usual, though the price, UNDER SOME
PARTICULAR CIRCUMSTANCES, may not seem unreasonable, is fully shewn by
Ambrose in his third book of Offices to be a breach of charity; though
it come not directly under the prohibition of laws.
XVII. As to money, it may be observed that its uses do not result
from any value intrinsically belonging to the precious metals, or to
the specific denomination and shape of coin, but from the general
application which can be made of it, as a standard of payment for all
commodities. For whatever is taken as a common measure of all other
things, ought to be liable, in itself, to but little variation. Now the
precious metals are of this description, possessing nearly the same
intrinsic value at all times and in all places. Though the nominal
value of the same quantity of gold and silver, whether paid by weight
or coin will be greater or less, in proportion to the abundance or
scarcity of the things for which there is a general demand.
XVIII. Letting and hiring, as Caius has justly said, come nearest to
selling and buying, and are regulated by the same principles. For the
price corresponds to the rent or hire, and the property of a thing to
the liberty of using it. Wherefore as an owner must bear the loss of
a thing that perishes, so a person hiring a thing or renting a farm
must bear the loss of all ordinary accidents, as for instance, those
of barrenness or any other cause, which may diminish his profits.[32]
Nor will the owner, on that account, be the less entitled to the
stipulated price or rent, because he gave the other the right of
enjoyment, which at that time was worth so much, unless it was then
agreed that the value should depend upon such contingencies.
Public-domain text, read in full here on John Shaqi.
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