CHAP. III.
Of positive Laws.
Book I.
Chap. 3.AS soon as mankind enter into a state of society, they lose the sense of their weakness, the equality ceases, and then commences the state of war.
Each particular society begins to feel its strength, whence arises a state of war betwixt different nations. The individuals likewise of each society become sensible of their strength; hence the principal advantages of this society they endeavour to convert to their own emolument, which constitutes between them a state of war.
These two different kinds of military states give rise to human laws. Considered as inhabitants of so great a planet which necessarily implies a variety of nations, they have laws relative to their mutual intercourse, which is what we call the law of nations. Considered as members of a society that must be properly supported, they have laws relative to the governors and the governed ; and this we call politic law. They have also another sort of laws relating to the mutual communication of citizens; by which is understood the civil law.
The law of nations is naturally founded on this principle, that different nations ought in time of peace to do one another all the good they can, and in time of war as little harm as possible, without prejudicing their real interests.
The object of war is victory; victory aims at conquest; conquest at preservation. From this and the preceding principle all those rules are derived which constitute the law of nations.
