Principles of the law of nature

Front Cover
T. & J.W. Johnson & co., 1856 - Law - 656 pages
 

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Contents

Of the Right of Embassy or the Right of sending and receiving Public Ministers 55 It is necessary that nations be enabled to treat and communicate to...
57
Other reasons for the necessity of its publication
58
It is not to be omitted by way of retaliation
59
Time of the declaration
61
Cities that have the right of banner 454
62
Commencement of hostilities 318
63
Necessity of the observance of justice in human society 160
64
Of Nations or Sovereign States
65
Publication of the war and manifestoes
66
This right is a perfect one 161
67
the right of doing ourselves justice
68
The right of punishing injustice
69
Right of all nations against one that openly despises justice
70
and continue to be enemies in all places
71
he is bound to procure plenty 33
72
to take care that there be a sufficient number of workmen
73
to prevent the emigration of those that are useful
74
Neutral things found with an enemy
75
Emissaries who entice them away 34
76
Sect Pagt 32 She may reform the government
78
He is solely established for the safety and advantage of society 13
80
Cultivation of the soil a natural obligation
81
Domestic and foreign trade 37
84
Utility of foreign trade
85
Obligation to cultivate domestic trade
86
Obligation to carry on foreign trade 38
88
Right of selling
89
His duty with respect to the preservation and perfection of the nation ib 43 His rights in that respect ib 44 He ought to know the nation 15
90
Prohibition of foreign merchandises 39
91
Elective states 23
92
The order of succession ought commonly to be observed 26
94
Indivisibility of sovereignties ib 66 Who are to decide disputes respecting the succession to a sovereignty ib 67 The right of succession not to depend...
95
States called patrimonial 30
98
CHAP VI
100
country 17J CHAP VIII
101
and punishable according to the laws
102
Who is the judge of their disputes 173
104
Their duties
105
Establishment of money 45
106
To what burthens they are subject 174
107
The state has no right over the person of a foreigner
108
Contribution 366
115
A nation is bound to labour after her own happiness 47
120
CHAP XII
127
Sect Page
128
Offices of humanity and their foundation
134
Kesidence in the country
135
Sect _ Page 24 Eight of trading belonging to nations
144
Each nation is sole judge of the propriety of commerce on her own part ib 2G Necessity of commercial treaties
145
General rule concerning those treaties ib 28 Duty of nations in making such treaties ib 29 Perpetual or temporary treaties or treaties revocable at pleas...
146
How far lawful to give up by treaty the liberty of trading with other nations
148
Dignity of nations or sovereign states
149
chap xm
150
Treaties and established customs are to be observed in that respect ib 41 Name and honours given by the nation to her conductor
151
Whether a sovereign may assume what title and honours he pleases
152
Right of other nations in that respect ib 44 Their duty ib 45 How titles and honours may be secured
153
We must conform to general custom
154
Authority of the body politic over the members 8 Of the several kinds of government 4 What are sovereign states 5 States bound by unequal alliance...
155
to enforce them 78
157
Of the Concern a Nation may have in the Actions of her Citizens 71 The sovereign is bound to avenge the wrongs of the state and to pro tect the citiz...
161
He must not suffer his subjects to offend other nations or their citizens
162
His duty to appoint upright and enlightened judges
163
If he refuses justice he becomes a party in the fault and offence ib 78 Another case in which the nation is guilty of the crimes of the citizens
164
Waste and destruction
166
Ravaging and burning 367
169
foundation of the right of punishing 81
170
Demolition of fortresses 369
171
General rule of moderation respeoting the evil which may be done to an enemy
172
Rule of the voluntary law of nations on the same subject
173
nor over his property
174
Who are the heirs of a foreigner
175
An alliance with diminution of sovereignty may annul preceding treaties 202
176
We ought as much as possible to avoid making unequal alliances 203
178
in alliances where the inequality is on the side of the more powerful party
179
How inequality of treaties and alliances may be conformable to the law of nature 204
182
Personal and real treaties
183
Public revenues and taxes 90
184
Power is but relative
185
Advantages of glory 91
187
Duty of the prince
188
Duty of the citizens 92
189
Example of the Swiss ib 191 Attacking the glory of a nation is doing her an injury 93
190
How presumption ought to be founded in doubtful cases 207
191
Treaties accomplished once for all and perfected
192
Of the Alienation of the Public Property or the Domain and that of a Part of the State
193
Protection sought by a Nation and her voluntary submission to a Foreign Power 192 Protection 93
194
Right of the citizens when the nation submits to a foreign power
195
Alliance concluded for the defence of the king and royal family
196
These compacts annulled by the failure of protection 95
197
and by the encroachments of the protector
198
Difference between the present case and those in the preceding chapter 96
201
Their right when they are abandoned
202
Possession of a country by a nation 98
204
ib ib ib 3 ib ib ib
206
4
207
A question on this subject
208
Whether it be lawful to take possession of part of a country inhabited only by a few wandering tribes 100
209
Sect Page 209 The agreement called sponsio
211
Sect Pagt 211 What is our country 101
212
Inhabitants 102
214
Citizens children born in a foreign country
215
Children born at sea
216
Children born in the armies of the state or in the house of its minister at a foreign court 103
217
Settlement
218
Vagrants
219
Whether a person may quit his country
220
He who violates his treaties violates the law of nations
221
How a person may absent himself for a time 105
222
Cases in which a citizen has a right to quit his country
223
Emigrants 106
225
This abuse authorized by princes
226
If the sovereign infringes their right he injures them 107
227
Exile and banishment
228
It cannot give force to a treaty that is invalid
229
The exile and the banished man have a right to live somewhere 108
230
Duty of nations towards them
231
Equality of nations
232
A nation cannot punish them for faults committed out of her territories 109
233
Faith tacitly pledged
234
What the Romans called res communes 109
235
It gives the guarantee no right to interfere unasked in the execution of a treaty
236
Two modes of acquiring public property 110
237
The nation may grant him the use and property of her common pos sessions
238
or allow him the domain and reserve to herself the use of them
239
Effect of that equality
240
The nation may reserve to herself the right of imposing them
241
Sovereign possessing that power
242
A consequence of that principle
251
A subject caimot refuse to be a hostage
252
Bank of the hostages
253
They ought not to make their escape
254
Whether a hostage who dies is to be replaced
255
Substitute for a hostage
256
Effects of the Jurisdiction in foreign countries
257
The nation may alienate her public property 116
258
in common
259
Duties of the prince 117
260
The nation may give him a right to do it
261
Rules on that subject with respect to treaties between nation and nation
262
Reasons arising from the possibility and not the existence of a thing ib 299 Expressions susceptible of an extensive and a limited sense
263
Alienation of a part of the state 118
264
CHAP XXII
265
A river that separates two territories
266
Bed of a river which is dried up or takes another course
267
Right of alluvion
268
Whether alluvion produces any change in the right to a river
269
Consequence of a river changing its
270
Works tending to turn the current
271
or generally prejudicial to the rights of others
272
Rules relative to interfering rights
273
Lakes
274
Increase of a lake
275
Land formed on the banks of a lake
276
Bed of a lake dried
277
Conventions relating to the ransom of prisoners 419
279
Sect Pag 333 How we acquire a right of recurring to force in a doubtful case
280
and even without attempting other measures ib 335 Voluntary law of nations on that subject ib 336 Equitable conditions to be offered
281
Possessors right in doubtful cases
282
Prisoner released on condition of procuring the release of another 420
283
Prisoner rescued before he has received his liberty
284
Whether the things which a prisoner has found means to conceal belong to him 421
285
Hostage given for the release of a prisoner
286
Page
287
Who are rebels
288
Popular commotion insurrection sedition
289
How the sovereign is to suppress them
290
He is bound to perform the promises he has made to the rebels
291
Civil
292
A civil war produces two independent parties
293
They are to observe the common laws of
294
The effects of civil war distinguished according to cases
295
Conduct to be pursued by foreign nations
296
Treaties relative to war
306
chap xm
314
By whom it may be concluded 11 Alienations made by a treaty of peace 12 How the sovereign may in a treaty dispose of what concerns individuals ...
315
241
334
ib 242
335
How reparation of an injury is to be sought
338
Retaliation
339
Various modes of punishing without having recourse to arms 283
341
Reprisals
342
What is required to render them lawful 284
344
The state is bound to compensate those who suffer by reprisals 285
346
Reprisals against a nation for actions of her subjects and in favour of the injured subjects
347
but not in favour of foreigners
348
Those who have given cause for reprisals are bound to indemnify those who suffer by them 286
349
What may be deemed a refusal to do justice 287
351
Our right against those who oppose reprisals 288
353
How we ought to confine ourselves to reprisals or at length proceed to hostilities
354
Faith to be sacred between enemies
371
What treaties are to be observed between enemies
372
On what occasions they may be broken ib 177 Lies ib 178 Stratagems and artifices in war
373
amicable accommodation 276
377
Compromise ib 328 Mediation ib 329 Arbitration 277
378
BOOK III
386
Definition of war 291
392
Of rfte Instruments of Warthe Raising of Troops c their Commanders or the Subordinate Powers in War 6 Instruments of war 293
394
Defensive and offensive alliances
428
CHAP XVII
431
General duty of the proprietor 183
447
Spies 375
486
Clandestine seduction of the enemys people 376
488
Of the Sovereign who wages an unjust
489
On what footing peace may be concluded 19 General effect of the treaty of peace 20 Amnesty 21 Things not mentioned in the treaty
512
the truce 412
528
Nature of safeconducts and passports 416
532
424
541
425
542
426
543
427
544
BOOK IV
546
What peace is 429
547
The sovereigns obligation in that respect ib 4 Extent of that duty ib 5 Disturbers of the public peace 431
548
433
550
435
552
436
553
437
554
438
555
ib
556
CHAP ni Of the Execution of the Treaty of Peace
557
When the obligation of the treaty commences 440
558
Cessation of contributions 442
562
CHAP
563
The treaty of peace binds the nation and successors 444
564
Justifiable selfdefence is no breach of the treaty 448
566
Of the several Orders of Public Ministersof the Representative Character and of the Honours due to Ministers 69 Origin of the several orders of publi...
577
Representative character ib 71 Ambassadors
578
Envoys 460
579
Credentials
580
Instructions ib 78 Right of sending ambassadors ib 79 Honours due to ambassadors 462 CHAP vn Of the Rights Privileges and Immunities of Ambas...
581
Respect due to public ministers 464
604
Alienation of the property of a corporation
626
Imprescriptibility of rights founded on treaty 41
627
Colonies 101
629
When they are to be sent back ib 249 Whether they may be detained on any other account ib 250 They may be detained for their own actions 240
633
Monopolies and trading companies with exclusive privileges 42
634
Right of nations against the infractors of the law of nations
635
Their persons sacred and inviolable ib 82 Particular protection due to them 465
636
A nation ought to act agreeably to her nature 4
637
Duty of a prince who is empowered to nominate his successor 32
638
Right accruing from a general permission ib 138 A right granted as a favour 186
641
Causes of rupture on account of allies 449
642
Definition of usucaption and prescription 187
643
Utility of highways canals c 43
644
when there is as yet no established religion 57
645
ib ib 122 ib ib ib 123 ib 125 ib ib CHAP XXTTT Of the Sea 279 The sea and its use 125
647
When it commences 466
648
Of the public authority 8
649
Expiration of alliances made for a limited time 213
650
Of the Interpretation of Treaties 262 Necessity of establishing rules of interpretation 244
651
Obligation of the citizens or subjects ib 9 Enlisting or raising of troops
653
Alone and of itself it cannot give a right to attack him 30
654
An unjust war gives no right whatever 378
655

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Common terms and phrases

Popular passages

Page 59 - Nations composed of men, and considered as so many free persons living together in the state of nature, are naturally equal, and inherit from nature the same obligations and rights. Power or weakness does not in this respect produce any difference. A dwarf is as much a man as a giant; a small republic is no less a sovereign state than the most powerful kingdom.
Page 253 - ... within the jurisdiction of the court from which it issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail.
Page 285 - The tranquillity of the people, the safety of states, the happiness of the human race, do not allow that the possessions, empire, and other rights of nations should remain uncertain, subject to dispute and ever ready to occasion bloody wars. Between nations, therefore, it becomes necessary to admit prescription founded on length of time as a valid and incontestable title.
Page 49 - Nations or States are bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their mutual strength.
Page 188 - The right which belongs to the society, or to the sovereign, of disposing, in case of necessity, and for the public safety, of all the wealth contained in the state, is called the eminent domain.
Page 505 - We think the proper character of the transaction was that of hostile seizure made, if not flagrante, yet nondum cessante beflo, regard being had both to the time, the place, and the person, and consequently that the municipal court had no jurisdiction to adjudge upon the subject ; but that, if anything was done amiss, recourse could only be had to the government for redress.
Page 246 - Whoever uses a citizen ill indirectly offends the state, which is bound to protect the citizen, and the sovereign of the latter should avenge his wrongs, punish the aggressor, and, if possible, oblige him to make full reparation; since otherwise the citizen would not obtain the great end of the civil association, which is safety.
Page 175 - Europe, too closely pent up at home, finding land of which savages stood in no particular need, and of which they made no actual and constant use, were lawfully entitled to take possession of it, and settle it with colonies.
Page 67 - They will form together a federal republic : the deliberations in common will offer no violence to the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements.
Page 59 - Nations, which are composed of men and may be regarded as so many free persons living together in a state of nature, are by nature equal and hold from nature the same obligations and the same rights.

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