International law; Natural law; War (International law)
XX. There are some kinds of interest, which are thought to wear the
appearance of usury, and generally come under that denomination,
but which in reality are contracts of a different nature. The five
shillings commission which a banker, for instance, charges upon
every hundred pounds, is not so much an interest in addition to five
per cent, as a compensation for his trouble, and for the risk and
inconvenience he incurs, by the loan of his money, which he might have
employed in some other lucrative way. In the same manner a person who
lends money to many individuals, and, for that purpose, keeps certain
sums of cash in his hands, ought to have some indemnity for the
continual loss of interest upon those sums, which may be considered
as so much dead stock. Nor can any recompence of this kind be branded
with the name of usury. Demosthenes, in his speech against Pantaenetus,
condemns it as an odious act of injustice, to charge with usury a man,
who in order to keep his principal undiminished, or to assist another
with money, lends out the savings of his industry and frugal habits,
upon a moderate interest.
XXI. Those human laws, which allow a compensation to be made for the
use of money or any other thing, are neither repugnant to natural nor
revealed law. Thus in Holland, where the rate of interest upon common
loans was eight per cent, there was no injustice in requiring twelve
per cent of merchants; because the hazard was greater. The justice and
reasonableness indeed of all these regulations must be measured by the
hazard or inconvenience of lending. For where the recompence exceeds
this, it becomes an act of extortion or oppression.
XXII. Contracts for guarding against danger, which are called
insurances, will be deemed fraudulent and void, if the insurer knows
beforehand that the thing insured is already safe, or has reached its
place of destination, and the other party that it is already destroyed
or lost. And that not so much on account of the equality naturally
requisite in all contracts of exchange, as because the danger and
uncertainty is the very essence of such contract. Now the premium upon
all insurances must be regulated by common estimation.[35]
XXIII. In trading partnerships, where money is contributed by both
parties; if the proportions be equal, the profits and the losses ought
to be equal also. But if they be unequal, the profits and the losses
must bear the same proportion, as Aristotle has shewn at the conclusion
of the eighth book of his Ethics. And the same rule will hold good
where equal or unequal proportions of labor are contributed. Labor
may be given as a balance against money, or both labor and money may
be given, according to the general maxim that one man's labour is an
equivalent for another man's money.
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