Transcriber's Note
Spelling and punctuation have been preserved as faithfully as possible. Only obvious typographical errors have been corrected.
For ease of reading, the footnotes have been moved to the end of the book.
A DISCOURSE
ON
THE STUDY
OF THE
LAW OF NATURE AND NATIONS.
BY
SIR JAMES MACKINTOSH, M.P.
_SECOND EDITION._
LONDON: HENRY GOODE AND CO.
QUEEN'S HEAD PASSAGE, PATERNOSTER-ROW.
SOLD BY T. CLARK, EDINBURGH; AND WARDLAW AND CO. GLASGOW.
M.DCCC.XXVIII.
A DISCOURSE,
ETC.
* * * * *
Before I begin a course of lectures on a science of great extent and importance, I think it my duty to lay before the public the reasons which have induced me to undertake such a labour, as well as a short account of the nature and objects of the course which I propose to deliver. I have always been unwilling to waste in unprofitable inactivity that leisure which the first years of my profession usually allow, and which diligent men, even with moderate talents, might often employ in a manner neither discreditable to themselves, nor wholly useless to others. Desirous that my own leisure should not be consumed in sloth, I anxiously looked about for some way of filling it up, which might enable me, according to the measure of my humble abilities, to contribute somewhat to the stock of general usefulness. I had long been convinced that public lectures, which have been used in most ages and countries to teach the elements of almost every part of learning, were the most convenient mode in which these elements could be taught; that they were the best adapted for the important purposes of awakening the attention of the student, of abridging his labours, of guiding his inquiries, of relieving the tediousness of private study, and of impressing on his recollection the principles of science. I saw no reason why the Law of England should be less adapted to this mode of instruction, or less likely to benefit by it, than any other part of knowledge. A learned gentleman, however, had already occupied that ground,[1] and will, I doubt not, persevere in the useful labour which he has undertaken. On his province it was far from my wish to intrude. It appeared to me that a course of lectures on another science closely connected with all liberal professional studies, and which had long been the subject of my own reading and reflection, might not only prove a most useful introduction to the law of England, but might also become an interesting part of general study, and an important branch of the education of those who were not destined for the profession of the law. I was confirmed in my opinion by the assent and approbation of men, whose names, if it were becoming to mention them on so slight an occasion, would add authority to truth, and furnish some excuse even for error. Encouraged by their approbation, I resolved without delay to commence the undertaking, of which I shall now proceed to give some account; without interrupting the progress of my discourse by anticipating or answering the remarks of those who may, perhaps, sneer at me for a departure from the usual course of my profession; because I am desirous of employing in a rational and useful pursuit that leisure, of which the same men would have required no account, if it had been wasted on trifles, or even abused in dissipation.
Table of contents (by pages)
- 1: A Discourse on the Study of the Law of Nature and
- 2: To discover those fountains of justice
- 3: And which form families into commonwealths
- 4: To use the language of the same Hooker
- 5: In later times the connexions of trade
- 6: A patriot who united moderation with firmness
- 7: But Grotius has chosen the reverse of this method
- 8: With little variation but in the language
- 9: Either by the rudeness of barbarism
- 10: And this endless variety in their application
- 11: And of these fatal controversies
- 12: Those invaluable qualities of a moralist
- 13: Beneficial tendency is the foundation of rules
- 14: If they the ancient moralists
- 15: Et chara jugavit Corpora conjugiis
- 16: Which are altogether chimerical
- 17: The best security which human wisdom can devise
- 18: Requires the support of the most ferocious tyranny
- 19: The theorist railed at the folly of the world
- 20: Of which the most fundamental maxim is
- 21: More complex than are necessary
- 22: Considerandae leges quibus civitates regi debeant
- 23: Celui de la victoire la conquete
- 24: Quod naturalis ratio inter omnes homines constituit
- 25: Neque improbos jubendo aut vetando movet
- 26: Eaque ab hominis repetenda natura
- 27: Et que rarement on laisse faire a la prudence
