The Philosophy of Right, With Special Reference to the Principles And Development of Law
The Philosophy of Right, With Special Reference to the Principles And Development of Law
Diodato Lioy
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The 1 Droit des gens, liv. ii. sec. 342. Digitized by LjOOQ IC 276 PHILOSOPHY OF RIGHT. Magna Charta secured for foreigners liberty to enter, traffic in, and depart from the kingdom, except in case of declared war. An Act of the Parliament of 1353 estab- lished that the goods of a foreign merchant should not be confiscated for the payment of damages unless regularly claimed. This principle passed into many treaties, it being expressly stipulated that recourse could not be had to reprisals witho...ut first seeking reparation for the sus- tained damage from the ambassador or the sovereign and his privy council. Eeprisals are divided into negative and positive, general and special Eeprisals are negative when a State refuses to fulfil a contracted obligation, or does not leave to the other State the free exercise of a right claimed by it. Positive reprisals consist in seizing the persons or goods of another State, in whatever place they may be ;found ; and such reprisals are distinguished into general and special.
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