Publisher's Synopsis
Excerpt from Introduction to the Study of International Law: Designed as an Aid in Teaching, and in Historical Studies
Nations or organized communities of men differ from the individual men of a state, in that they are self-governed, that no law is imposed on them by any external human power, but they retain the moral accountable nature, which must govern the members Ofa single society. They cannot have intercourse with one another without feeling that each party has rights and Obligations. They have, as states, a common nature and destination, whence an equality of rights arises. And hence proceeds the possibility Of a law between nations which is just, as expressing reciprocal rights and Obligations, or just as ex pressing a free waiver of the rights which are by all acknowl edged, and which may also embody by mutual agreement rules defining their more obvious claims and duties, or aiming to secure their common convenience and welfare. (comp. 27) This law of intercourse between nations has been united with political law, or the doctrine concerning the constitution of the state and the relations of the government to the people under the head of public law, as opposed to private, or to the system of laws within the state, by which the relations of its individual members are defined and protectedfi And yet there is a branch of this law which has both a private and a public character, - private as relating to persons, and public agreed upon between nations. This law is now extensively called international law.
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