The Rights of War And Peace : Including the Law of Nature And of Nations

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Nor does the voluntary* law of nations appear to make any alteration here. However, there is one exception, which is, that where equal terms have been agreed upon, if no fraud has been used, nor any necessary information withheld, they shall be considered as equal in an external f point of view. So that no action can be maintained in a court for such inequality. Which was the case in the civil law before Dioclesian's constitution. So among those, who are bound by the law of nations alone, there... can be no redress or constraint on such account. J * There is a distinction to be observed between the necessary, and the VOLUNTARY lawof nations. Vattel defines the necessary law to be « that which is always obligatory on the conscience, and of which a nation ought never to lose sight in the line of conduct she is to pursue in order to fulfil her duty, but when there is a question of examining what she may demand of other states, she must consult the Voluntary law, whose maxims are devoted to the safety and advantage of the universal society of mankind.* — Prelim, sect 28.

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