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If in Norway, for example, or Denmark, or any part of the ancient Scania, or Scandinavia, as we term it, what could be more convenient than to have at your fingers' ends the history and antiquities of that ancient country, the officina gentium, the mother of modern Europe, the nursery of those heroes, Stern to inflict, and stubborn to endure, Who smiled in death?
Having adopted from the Antonine jurisconsults the position that the Jus Gentium and the Jus Naturæ were identical, Grotius, with his immediate predecessors and his immediate successors, attributed to the Law of Nature an authority which would never perhaps have been claimed for it, if "Law of Nations" had not in that age been an ambiguous expression.
It is true that we, at the present day, should probably take a very different view of the Jus Gentium, if we were performing the operation which was effected by the Roman jurisconsults. We should attach some vague superiority or precedence to the element which we had thus discerned underlying and pervading so great a variety of usage.
Quæ bruta non faciunt, sed sola ratione hominis propria, non affectione communis naturæ, omnes homines faciunt, fierique opportere intelligunt hoc fit jure gentium. Sect. 4. For my part, I take the law of nature and the law of nations to be one and the same. For what is the law of nations but that which nature’s light and reason hath taught so to all nations?
It is, however, unquestionable that indistinct impressions as to the meaning of Jus Gentium had considerable share in producing the modern theory that the relations of independent states are governed by the Law of Nature. It becomes necessary to investigate the Greek conceptions of nature and her law. Nature signified the physical world regarded as the result of some primordial element or law.
For Augustine, in many volumes, defends grace and the righteousness of faith, over against the merits of works. And Ambrose, in his De Vocatione Gentium, and elsewhere, teaches to like effect.
The Jus Gentium was merely a system forced on his attention by a political necessity. He loved it as little as he loved the foreigners from whose institutions it was derived and for whose benefit it was intended.
On the other hand, the feature of the Jus Gentium which was presented to the apprehension of a Roman by the word Equity, was exactly the first and most vividly realised characteristic of the hypothetical state of nature.
It contributes much to these feelings, that southern Asia is, and has been for thousands of years, the part of the earth most swarming with human life; the great officina gentium. Man is a weed in those regions. The vast empires, also, into which the enormous population of Asia has always been cast, give a further sublimity to the feelings associated with all Oriental names or images.
It contributes much to these feelings that southern Asia is, and has been for thousands of years, the part of the earth most swarming with human life, the great officina gentium. Man is a weed in those regions. The vast empires also in which the enormous population of Asia has always been cast, give a further sublimity to the feelings associated with all Oriental names or images.
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