The Classics of International Law (Classic Reprint): De Jure Naturae Et Gentium Dissertationes: de Jure Naturae Et Gentium Dissertationes (Classic Reprint) - Softcover

Scott, James Brown

Softcover

ISBN 10: 1330550188 ISBN 13: 9781330550182

Verlag: Forgotten Books, 2018

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Excerpt from The Classics of International Law: De Jure Naturae Et Gentium Dissertationes

Here, besides an' edition Of the so-called N icomachean Ethics of Aristotle, to which he wrote an introduction, Rachel also brought out a series of dissertations of a philosophical and moral nature. He left Helmstedt in 1665 in order to take an active and successful part in the establishment of the University Of Kiel and to assume at once the duties. Of a professorship of the Law of N ature' and Of International Law in this university. The Dis sertationes ale jure naturm et gentium appeared in Kiel in 1676.

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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Excerpt from The Classics of International Law: De Jure Naturae Et Gentium Dissertationes

In his Elementorum jurisprudentiæ universalis libri tres, published in 1660, Samuel von Pufendorf denied the existence of a positive jus gentium (Law of Nations), distinct from the jus naturale. He maintained therein that States were universally subject to the Law of Nature only; in addition there were, of course, rights based upon treaties, and also customs observed between civilized States, but (said he) these treaty rights were valid only between the States that had concluded the treaty, and a State might at any time renounce these customs; such conduct would admittedly expose the State to evils - such as reprisals and censure - but Pufendorf does not seem to attach great importance to these evils, and (as he by means of a few illustrations proceeds to show) they have at different times failed to deter governments and generals. This doctrine, which in 1660 Pufendorf, as a young scholar, had expounded in his Elementa jurisprudentiæ universalis (Lib. I, definitio 13, §§ 24-26), he restated in 1672 in his great work De jure naturæ et gentium (Lib. II, cap. 3, § 23); and we may readily imagine that the authority of the famous writer won many adherents to his teachings. His doctrine, however, was not only erroneous; it was dangerous. According to it, it would not be possible for a custom in harmony with the actual progress of civilization gradually to assume the force of law; it failed, moreover, to recognize (1) the possibility of extracting a general principle of law from important stipulations recurring more and more frequently in international treaties, and (2) the fact that treaties, directly based upon generally accepted legal principles and concluded between the more civilized nations, will also by degrees be considered as authoritative by other and non-signatory nations, a phenomenon which, to be sure, first became conspicuous in our own day.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Über diese Auflage

• Verlag: Forgotten Books
• Erscheinungsdatum: 2018
• ISBN 10: 1330550188
• ISBN 13: 9781330550182
• Einband: Tapa blanda
• Anzahl der Seiten: 259