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Updated: June 22, 2025
In this light I would recommend to you to read 'tout de suite' Grotius 'de Jure Belli et Pacis', translated by Barbeyrac, and Puffendorff's 'Jus Gentium', translated by the same hand. For accidental quarters of hours, read works of invention, wit and humor, of the best, and not of trivial authors, either ancient or modern.
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?
This is how Sieyes formulates these two questions and answers. But from all that has been said, the true meaning of these questions and answers would be more clearly and correctly expressed as follows: "What is the third class de facto in reality? Everything! But what is it de jure legally? Nothing!"
Vos sermons me fatiguent; entendez-vous? faites place a mon Altesse royale: mesdames, me connaissez-vous? je suis la " Here she broke out into frightful hysterical shrieks and laughter, and as we ran up to her, alarmed, "Oui, Henri," she says, "il a jure de m'epouser et les princes tiennent parole n'est-ce pas?
And as if this were not enough, another distich struck with more directness at the vices of the Pope: "Vendit Alexander claves, altaria, Christum: Emerat ille prius, vendere jure potest." "Alexander sells the keys, the altars, Christ. He bought them first, and has good right to sell."
The fine gentleman's claims of right are, 'mutatis mutandis', the same; and though, indeed, he is not always a wit 'de jure', yet, as he is the wit 'de facto' of that company, he is entitled to a share of your allegiance, and everybody expects at least as much as they are entitled to, if not something more.
The shareholder owns the world de jure, by the common recognition of the rights of property; and the incumbency of knowledge, management, and toil fall entirely to others. He toils not, neither does he spin; he is mechanically released from the penalty of the Fall, he reaps in a still sinful world all the practical benefits of a millennium without any of its moral limitations.
The question is over, if this is shown not to be a legislative act. But what is very usual and natural, is to corrupt judicature into legislature. On this point it is proper to inquire whether a court of judicature, which decides without appeal, has it as a necessary incident of such judicature, that whatever it decides de jure is law.
It was, we believe, impossible to find, from the Himalayas to Mysore, a single government which was at once a government de facto and a government de jure, which possessed the physical means of making itself feared by its neighbors and subjects, and which had at the same time the authority derived from law and long prescription.
But if a man may be said to have his Jurisdiction De Jure Divino, and yet not immediately; what lawfull Jurisdiction, though but Civill, is there in a Christian Common-wealth, that is not also De Jure Divino?
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