International law; Natural law; War (International law)
judgment of human nature can be formed from them, for it would be
erroneous. Andronicus, the Rhodian says, that with men of a right and
sound understanding, natural justice is unchangeable. Nor does it alter
the case, though men of disordered and perverted minds think otherwise.
For he who should deny that honey is sweet, because it appears not so
to men of a distempered taste, would be wrong. Plutarch too agrees
entirely with what has been said, as appears from a passage in his life
of Pompey, affirming that man neither was, nor is, by nature, a wild
unsociable creature. But it is the corruption of his nature which makes
him so: yet by acquiring new habits, by changing his place, and way
of living, he may be reclaimed to his original gentleness. Aristotle,
taking a description of man from his peculiar qualities, makes him
an animal of a gentle nature, and in another part of his works, he
observes, that in considering the nature of man, we are to take our
likeness from nature in its pure, and not in its corrupt state.
XIII. It has been already remarked, that there is another kind of
right, which is the voluntary right, deriving its origin from the will,
and is either human or divine.
XIV. We will begin with the human as more generally known. Now this
is either a civil right, or a right more or less extensive than the
civil right. The civil right is that which is derived from the civil
power. The civil power is the sovereign power of the state. A state is
a perfect body of free men, united together in order to enjoy common
rights and advantages. The less extensive right, and not derived
from the civil power itself, although subject to it, is various,
comprehending the authority of parents over children, masters over
servants, and the like. But the law of nations is a more extensive
right, deriving its authority from the consent of all, or at least of
many nations.
It was proper to add MANY, because scarce any right can be found common
to all nations, except the law of nature, which itself too is generally
called the law of nations. Nay, frequently in one part of the world,
that is held for the law of nations, which is not so in another. Now
this law of nations is proved in the same manner as the unwritten civil
law, and that is by the continual experience and testimony of the Sages
of the Law. For this law, as Dio Chrysostom well observes, is the
discoveries made by experience and time. And in this we derive great
advantage from the writings of eminent historians.
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