International law; Natural law; War (International law)
IX. It is further to be observed that many words have a variety of
acceptations, some more limited and others more extensive; which may
be owing either to the application of a general name to a particular
class of things, as in the words kindred and adoption; or to the use
of masculines to express animals both of the male and female kind,
where nouns of a common gender are wanting. In terms of art too, words
are often taken in a metaphorical or extended sense: thus in the civil
law death signifies banishment; but in its popular acceptation a
dissolution of the parts of the natural body.
X. In promises likewise, some things are of a favourable, some an
odious, and others of a mixed or indifferent description. Favourable
promises are those which contain an equality of terms, or which bear
some relation to the common good, the magnitude and extent of which
increases the favour of the promise: so that all engagements more
conducive to peace than to war are to be considered as those of a
favourable complexion, and alliances for mutual defence are always
regarded as a more laudable object than those for offensive war.
Treaties of an odious kind are those which lay greater burdens on one
party than on the other, which contain penalties for non-performance,
or which lead to an abrogation or infraction of former treaties.
Whereas, though engagements of a mixed nature may create a deviation
from former treaties, they may be taken either in a favourable or
odious light, according to the magnitude, or object of the change
produced. If it be for the sake of peace, it is better, taking all
circumstances into consideration, to rank them with those of a
favourable kind.
XI. The distinction made by the Roman law between acts of equity
and those of strict justice, cannot GENERALLY be applied to the law
of nations, though it may in some cases be adopted. Thus in any
transaction between the subjects of two countries, in each of which the
same form of legal proceeding is observed, the parties are supposed to
treat without any intention of deviating from the common rule and form,
unless they have expressly determined to the contrary. But in acts for
which no common rule is prescribed, as in donations and free promises,
there the parties are supposed to treat according to the strict letter
of the agreement.
Public-domain text, read in full here on John Shaqi.
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