Page:Two Introductory Lectures on the Science of International Law.djvu/9

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LECTURES
ON
INTERNATIONAL LAW.



LECTURE I.


International Law a Science of Modern Growth.—Law of Nations 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 comparatively 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