Sidor som bilder
PDF
ePub

It is by reason we discover what is the law of nature, under all ciroumstances.

When will our reason be a perfect guide ?

When our reason, as in our first ancestor before the fall, is perfect, unruffled by passion, unclouded by prejudice, unimpaired by disease or intemperance. Our reason, on account of ignorance and weakness or corruption, is not now at all times a guide.

In what manner have the defects of reason been aided ?

By the providence of God, who by an immediate revelation has appeared in aid of human reason.

What do we call the revealed will of God ?

The precepts of the Divine law, as they are found only in the Holy Scriptures. These precepts tend to man's felicity, and are found to be a part of the law of nature.

Are these precepts which are revealed of higher validity than the law of nature ?

They are of infinitely more authenticity, for they are revealed by God himself. The other is a deduction of human reason.

Without a revelation, could the truths contained in it ever have been discovered ?

On account of the corruption of human reason, the ignorance and weakness of man, they could not. The wisdom of ages had not been able to find out these truths.

On what two foundations depend all human law?
On the law of nature and revelation.

When do human laws have their greatest force and validity ?

In those things which are indifferent as regards the divine law or revelation and the law of nature.

Do human laws which add a punishment to the crime of murder, increase the guilt of the offender, or add any fresh obligation to abstain from its perpetration ?

They do not, in conscience; and if they enjoined its commission, man would not be bound to obey it.

What laws are required in a state of nature ?
None but the law of nature and the law of God.
Could any other law exist ?

It could not. Law always implies a law-giver or superior. In a state of nature, all are equal. There is no precedence.

What code of laws, has the separate societies into which the human family are divided, given rise to ?

The law of nations.

OF THE LAW OF NATIONS.

States are independent of each other, and are to each other as individuals.

The civil law applies to them the law of nature, and says: What natural reason between all men has constituted as law, is the law of nations.

What are the foundation of national law ?

The rules of natural law, compacts, treaties, leagues and agreements between different societies or governments,

What are we to understand by the law of nations ?

That code of instruction, which defines the rights, principles and duties of nations in their intercourse with each other.

What is required by the law of nations ?
By it nations are to do to each other as much good in

peace, and as little harm in war, as is consistent with their interest, and with the state or condition in which they are placed.

Is the foundation of the law of nations universally admitted ?

It has not been. Some consider consent and usage the foundation of it. Others consider the law of nature as applicable to moral persons, susceptible of obligations and laws.

Is the science of public law separated from ethics or moral law ?

It is not. Governments are bound by truth, justice and humanity. States and bodies politic are to be regarded as having a public will, and as such, at liberty to do right or wrong.

How do masters in the modern school of public law consider nations ?

The same as individuals in a like situation. National and individual morality are placed on the same ground.

Is national law limited in its obligation ?

It is not, but is equally binding in every age of the world.

How does the law of nations, at the present day, differ from the ancient law ?

Christianity has ameliorated the severity of the ancient law. By it, prisoners of war were slaves to the captors, and one who went from a nation where no friendship or treaty existed, became a slave wherever he was found; nations lived in a state of piracy; predatory warfare existed; the victor had no restraints; he put his captive to death or had a right to sell or enslave him. This privilege existed as late as the 16th century ; and does in Africa at the present time, among the barbarous nations of that continent.

What causes produced an amelioration of the law of nations?

Chivalry, christianity, and the study of the civil law. The influence of treaties, conventions, commercial regu. lations and associations, the law concerning shipwrecks, and the restoration to the true owner of property cast upon

the shore when the claim was fully substantiated, the suppression of piracy, the humane treatment of persons cast on shore and of prisoners, and the custom of admitting ambassadors to reside at the court to which they were sent, ameliorated the rigor of the ancient law.

What is the consequence of the amelioration to states ?

That each has a right to govern its subjects in its own way, and no other state has a right to interfere.

When is this principle without obligation on the nation ?

The right to interfere must be justified by the strongest necessity to provide for its own safety, and take due precaution against the subjects of another.

When has a nation a right to aid another in a state of revolt?

It is only when the principles of the social compact have been violated.

When have the subjects of government in a state of revolt, a claim on other governments as nations, and their acknowledgment as such ?

When they have shown their ability to maintain their standing against the parent government.

Does a change of government change the relations with other governments ?

It does not: they are liable the same as the parent government for debts. It is also bound by treaty stipulations.

What is a treaty ?

It is a league or compact entered into betweon two pations.

Does a change of rulers affect prior treaties ?
It does not.
What jurisdiction has a state over adjoining seas?

The ocean is not a subject of possession. Adjoining seas, as far as convenient, are under the jurisdiction of the nation to whom they are adjacent. So are navigable waters, as far as necessary for convenience and for safety.

To whom do gulfs, estuaries, and arms of the sea, belong?

To the people to whom the adjoining territory belongs. What are the rights and duties of commerce?

Nations ought to cultivate free intercourse for commercial purposes, in order to supply each other's wants and promote each other's prosperity.

Are treaties of commerce useful in the national code?

They are so; and they are equally binding with other leagues.

In time of peace, can adjoining nations pass the other's territory?

For lawful purposes, they may pass over lands, rivers, and seas.

This right is not absolute, but under the direction of the nation contiguous, and may be a subject of compact.

Can a nation possessing the upper part of a navigable river descend to the sea ?

« FöregåendeFortsätt »