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INTRODUCTIONS. LAW of NATIONS. no Law.
The Law of nations is nuthing more than a
system of rules declaring concerning the conduct
of nations with respect to each their ; rules
the practise of which is for theuseful interest of those
nations, either originally, as tending in itself
to producelustimpure pleasures & leastadded text pains
whatever men expect about the; or
,be merely because they expect it.
I will give examples of these two different
parts of utility (different that is only as flowing
from on different sources for utility in itself
must ever be the same) utility original &
utility from expectation
There is a custom among European nations
that a deleted textof our nation approaching
to a fort belonging toof another nationis utility itself shall salute with a certain number of guns.
Now certain & plain it is, that in the freedom
cing of a certain quantity of and
which there can be no original utility:
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It ought be called the Morality of nations.
Solon Selden and Grotius had their dispute
concerning the dominion of their certain seas,
they compiled Histories upon Histories to
, here the increase of it in that one or
the other of their farther .
Why? but that they both perceived that if one
had been wind a certain number of
times to make use of it along with others
he would reckon upon the being suffered
to do so still: that if alone without this
he would in the same' manner expect to
do so still _ That these several facts if
admitted would come at once as grounds of
& for expectations ofdeleted textdeleted textmuch an expectation considered
[x/presumption of] such an expectation considered as probably) and as incidences[?] of it, (considered as actual) that if [/either] one party [/that the other] entertained such [imperfect?] expectations [deleted text] ... exclusion or ... imply common ejoyment, or the one more strongly than the other, it could be the first that would suffer most by the being deprived of it that [/it was] therefore [/by] its being shall find[?] in proportion of it created[?] be the means of preserving the greatest quantity [continued on next page] of happiness, in the world upon the whole, in other words that it would be most expedient to general utility. when the common notion, that [/by being acknowledged] custom, nobody [has?] Law, is constitutive of a right, laying the other party (according to the [/obscured] confused phonology[?] of jurists) under a moral necessity[?] of distributing [disturbing?] the exer[?] cise[?] of it
Law of [BR]] Nations no distinct Law - it's double Sense
[POSTEMA'S TRANSCRIPTION: "’There is a custom among European nations that a vessel approach to a fort belonging to another nation shall salute it with a certain number of guns. Now certain and plain it is, that in the producing of a certain quantity of noise and smoke there can be no original utility: and yet utility there is. Why? because it {the salute} is expected.’ … ‘Selden and Grotius had their dispute concerning the dominion of certain laws. They compiled Histories upon Histories to show the exercise of it {…} Why? but that they both perceived that if one party had been used a certain number of times to make use of it along with others, he would reckon upon and expect the being suffered to do so still {… and} that these several facts if admitted would serve at once as grounds of such an expectation (considered as probable) and as indices of it (considered as actual)'" (Common Law Tradition, 152)]
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introduction law of nations the law |
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jeremy bentham |
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