International law; Natural law; War (International law)
To which we may add that such communication may be made not only by
words, but by signs or gestures, like those used to the dumb; it
makes no difference, whether those signs or gestures have any natural
connection with the thing they are intended to signify, or whether
such a connection is only assigned to them by custom. Equivalent to
such signs or gestures is handwriting, which may be considered, as a
dumb language, deriving its force not merely from the words used, and
the particular form of the letters, but from the real intention of
the writer, to be gathered from thence:--to be gathered either from
the resemblance between the characters and the intentions, as in the
Egyptian hieroglyphics, or from pure fancy, as among the Chinese.
Here likewise another distinction is necessary to be applied in the
same manner, as was done before, in order to remove all ambiguity in
using the term of THE LAW OF NATIONS. For it was there said, that the
laws established by independent and separate states, whether or no
those laws implied any mutual obligations, were denominated the LAW
OF NATIONS.[59] So that words, gestures, and signs, made use of to
convey a meaning, imply an obligation, in all the persons concerned, to
receive and employ them in their common acceptation. But the employment
of OTHER MEANS, coming under NONE OF THOSE DESCRIPTIONS, cannot be
construed into a violation of any social contract, although some may
be deceived thereby. It is the REAL NATURE of the actions that is here
spoken of, and not the ACCIDENTAL circumstances attending them: such
actions for instance, as occasion no mischief; or if they do so, there
is no guilt, where there is no treacherous design.
Public-domain text, read in full here on John Shaqi.
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