登陆注册
15752600000027

第27章

"Whereas, according to natural law, everybody ought to be bornfree; and by some usages and customs which, from long antiquity,have been introduced and kept until now in our realm, andperadventure by reason of the misdeeds of their predecessors,many persons of our common people have fallen into servitude,therefore, We, etc." This is the enunciation not of a legal rulebut of a political dogma; and from this time the equality of menis spoken of by the French lawyers just as if it were a politicaltruth which happened to have been preserved among the archives oftheir science. Like all other deductions from the hypothesis of aLaw Natural, and like the belief itself in a Law of Nature, itwas languidly assented to and suffered to have little influenceon opinion and practice until it passed out of the possession ofthe lawyers into that of the literary men of the eighteenthcentury and of the public which sat at their feet. With them itbecame the most distinct tenet of their creed, and was evenregarded as a summary of all the others. It is probable, however,that the power which it ultimately acquired over the events of1789 was not entirely owing to its popularity in France, for inthe middle of the century it passed over to America. The Americanlawyers of the time, and particularly those of Virginia, appearto have possessed a stock of knowledge which differed chieflyfrom that of their English contemporaries in including much whichcould only have been derived from the legal literature ofcontinental Europe. A very few glances at the writings ofJefferson will show how strongly his mind was affected by thesemi-juridical, semipopular opinions which were fashionable inFrance, and we cannot doubt that it was sympathy with thepeculiar ideas of the French jurists which led him and the othercolonial lawyers who guided the course of events in America tojoin the specially French assumption that "all men are bornequal" with the assumption, more familiar to Englishmen, that"all men are born free," in the very first lines of theirDeclaration of Independence. The passage was one of greatimportance to the history of the doctrine before us. The Americanlawyers, in thus prominently and emphatically affirming thefundamental equality of human beings, gave an impulse topolitical movements in their own country, and in a less degree inGreat Britain, which is far from having yet spent itself; butbesides this they returned the dogma they had adopted to its homein France, endowed with vastly greater energy and enjoying muchgreater claims on general reception and respect. Even the morecautious politicians of the first Constituent Assembly repeatedUlpian's proposition as if it at once commended itself to theinstincts and intuitions of mankind; and of all the "principlesof 1789" it is the one which has been least strenuously assailed,which has most thoroughly leavened modern opinion, and whichpromises to modify most deeply the constitution of societies andthe politics of states.

The grandest function of the Law of Nature was discharged ingiving birth to modern International Law and to the modern Law ofWar, but this part of its effects must here be dismissed withconsideration very unequal to its importance.

Among the postulates which form the foundation ofInternational Law, or of so much of it as retains the figurewhich it received from its original architects, there are two orthree of pre-eminent importance. The first of all is expressed inthe position that there is a determinable Law of Nature. Grotiusand his successor took the assumption directly from the Romans,but they differed widely from the Roman jurisconsults and fromeach other in their ideas as to the mode of determination. Theambition of almost every Publicist who has flourished since therevival of letters has been to provide new and more manageabledefinitions of Nature and of her law, and it is indisputable thatthe conception in passing through the long series of writers onPublic Law has gathered round it a large accretion, consisting offragments of ideas derived from nearly every theory of ethicwhich has in its turn taken possession of the schools. Yet it isa remarkable proof of the essentially historical character of theconception that, after all the efforts which have been made toevolve the code of nature from the necessary characteristic ofthe natural state, so much of the result is just what it wouldhave been if men had been satisfied to adopt the dicta of theRoman lawyers without questioning or reviewing them. Settingaside the Conventional or Treaty Law of Nations, it is surprisinghow large a part of the system is made up of pure Roman law.

Wherever there is a doctrine of the jurisconsult affirmed by themto be in harmony with the Jus Gentium, the publicists have founda reason for borrowing it, however plainly it may bear the marksof a distinctively Roman origin. We may observe too that thederivative theories are afflicted with the weakness of theprimary notion. In the majority of the Publicists, the mode ofthought is still "mixed." In studying these writers, the greatdifficulty is always to discover whether they are discussing lawor morality -- whether the state of international relations theydescribe is actual or ideal -- whether they lay down that whichis, or that which, in their opinion, ought to be.

同类推荐
  • 明觉禅师语录

    明觉禅师语录

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。
  • 根本说一切有部苾芻尼戒经

    根本说一切有部苾芻尼戒经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。
  • 汝坟别业

    汝坟别业

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。
  • 八十一难经

    八十一难经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。
  • 千佛因缘经

    千佛因缘经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。
热门推荐
  • 5-6年级,决定孩子前途的关键期

    5-6年级,决定孩子前途的关键期

    小学5-6年级,是小学升初中最为关键的两年。但是,在这两年里,无论是家长还是教师,都会有这样一种感受:孩子的心事多了,变得难管了。孩子为什么难管了?孩子为什么突然变得心事重重?在孩子12-13岁这个阶段,究竟暗含着什么样的成长秘密?
  • 全世界最贵的销售心理课

    全世界最贵的销售心理课

    《全世界最贵的销售心理课》是一本结合最新心理学研究成果和销售实战的销售圣经,对消费者的不同心理,销售人员在销售过程中的不同阶段,以及销售人员应该怎么去面对客户等。
  • 赤子心之年轻时代

    赤子心之年轻时代

    伍良文是矿区的一名机械加工人员,机缘巧合之下遇到了古墓棺椁,棺中的年轻的他开始迷茫混沌。在清醒过来之后的经历却是:灵异事件深海宝藏特工密地恐怖海域疯狂海盗枪林弹雨……时间拖着你的脚步,当你回首却发现碌碌无为的你止都止不住时间的流逝。人们常问:“你是想碌碌无为的长寿百岁,还是事业有成的只活五六十年?”伍良文:“就算我少活二十年也要去抗争命运的锁枷。”
  • 神州志之风云再起

    神州志之风云再起

    神与魔本非天成。俗话说,事在人为,心性使然。神州浩瀚,千秋万载。总有一些故事无法忘记,总有一些身影挥之不去。正魔交战留下的惨痛已经烟消云散,神州之乱的伤痕仿佛也已经不痛不痒。风起云涌,暗流并不是风平浪静。恩怨、情仇即将碰撞出一出激烈的篇章。兽王宗盘踞天坑,韬光养晦,有着何种预谋与惊天的发现?!无极门、天冷坛、梵音寺与星月宫又发生了什么样的故事与牵连?!神州之大,何去何从?如浮萍之于流,如鲲鹏之于游。沧海桑田笑,我只忆今朝;浩瀚神州志,凭栏看逍遥。
  • 一世荣宠,半世离殇

    一世荣宠,半世离殇

    他向她许下一世荣宠的誓言,却因为她亲人的设计在一场婚礼上,两两相误,失去联系……五年后,他为了当初的那个误会,一直执着于找到她,一直无法放下对她的爱;而她,早已不是当初那个单纯善良的女生,早已习惯用冷漠来伪装坚强,在自己的心里筑起了一座高高的围墙,谁也走不进来,谁也出不去……曾经一世的荣宠却换来半世的离殇……五年后的再次相遇,是冰释前嫌,还是继续各自天涯……
  • 喜杨杨爱上灰大郎

    喜杨杨爱上灰大郎

    喜杨杨是一个功夫教练,在一个巧合的机会下,认识了医生灰大郎,于是乎她和灰大郎的啼笑皆非的甜蜜爱情开始了。
  • 喰种天堂

    喰种天堂

    一场突如其来的危机,导致自己唯一的独生女被突变丧尸——狩猎者劫持。本已看破一切的喰种猎人王义毅然拿起武器踏上了拯救女儿的道路。让他没想到的是,随着拯救行动的开始。一场潜于水底的巨大阴谋慢慢浮出了水面……
  • 台湾黑道新语

    台湾黑道新语

    天地有明有暗,人生亦然。人性、財富、權利、政治混雜之背後有著人們無法全然透視之真面目。小說中之兩位主角,同父同母之親兄弟,個性迥異,一個是威震台灣之黑道教父級大哥,一個是名滿工程界之大學教授,在親情、道義與社會現實之中各自展開他們的人生,惟天意總在暗中調理。一部扣人心弦、賺人熱淚之社會寫實小說,讀後保証必有所感。
  • 凌傲天下

    凌傲天下

    这虽是武技的世界,看迷途少年如何在异界大陆演绎道家精髓。
  • 世麒传

    世麒传

    一切都是缘分使然?生为女妖身,遇到那个“我愿化成一座石桥,经受五百年的风吹,五百年的日晒,五百年的雨打,只求她从桥上走过”的小和尚,并结成师徒缘分。错过那个“我看过很多地方的云,听过很多地方的雨,尝过很多地方的酒,却只爱过一个人”的清冷小少主。或许是冥冥中自有注定,放不下一起出生的那段恩、抚养成人的那段情,就让妖莲子小七我追随心的声音,变成另一个人,为你守护这座城,为你一路凯旋,成为你的替身……我叫世麒,你也叫世麒。