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TWO INTRODUCTORY LECTURES
TRAVERS TWISS, D.C.L.
REGIUS PROFESSOR OF CIVIL LAW IN THE UNIVERSITY OF OXFORD,
AND ADVOCATE IN DOCTORS' COMMONS.
UPON the general theory of the Law of Nations, much has been written by authors of great name and ability. Upon practical questions much has been laid down by those distinguished civilians, who have adorned the British and American Courts of Admiralty, and whose masterly judgments, full of wisdom and learning, are the most perfect expositions of the best and purest principles of that law. It has been attempted, in the following lectures, to pass briefly in review both series of authorities, and to note the chief characteristics of the most eminent amongst them, with a view to make them known to the student, and not with any pretence to novelty of view or originality of treatment. On the contrary, the materials supplied by others have been freely used, where the doctrine appeared to be sound, or the criticism just. There is little, therefore, in the following pages calculated to satisfy the wants of the scholar or of the publicist; but they may be useful to the student in guiding him to the best sources and in thereby enabling him to draw knowledge from the fountain head. Of all human sciences, the law is probably not the last to which the precept strictly applies, “melius' est haurire fontes, quam consectari rivulos.”
Donation Temporality of the
International Law a Science of Modern Growth. — Law of Na
tions not identical with the Jus Gentium of the Romans. Institutes of Gaius. — Institutes of the Emperor Justinian. Cicero. — The Fetial Law. — Authority of the Holy See as Supreme Umpire between Temporal Sovereigns. -- Reaction against the Papal Donation of the Indies. - Franciscus à Victoria and Dominicus Soto, the Pioneers of the New Doctrine. - Balthasar Ayala, the First Systematic Teacher. — Suarez of Granada ; earliest Recognition of an Usage amongst Nations. - Albericus Gentilis the Precursor of Grotius. - Maritime Law :- Consolato del Mare. — Roles d'Oleron.- Laws of Wisby.- Code of the Hanse League. — Era of Grotius. - His Treatise on the Right of War and Peace. - Its wide-spread Influence.— Its subject more extensive than its Title.—Method of Treatment. — Contents of the Work. - Opposition to its Acceptance, both in England and in France. — Antagonism of Selden.— Unfavourable Criticisms of Rousseau, Paley, Jeremy Bentham, Dugald Stewart. — Favourable Judgments of Adam Smith, Sir James Mackintosh, Mr. Hallam, and Dr. Whewell.
The Science of International Law, like the science of Political Economy, is a fabric of cornparatively modern structure. Much, which bears upon the subject, is probably to be discovered in the writings of the scholastic jurists of the fourteenth and fifteenth