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CONTENTS.
BOOK IV.
OF THE ABNORMAL JURAL RELATIONS OF
POLITICAL ENTITIES.
CHAPTER I.—OF THE ABNORMAL JURAL RELATIONS IN GENERAL,
CHAPTER II.—OF THE ACTIVE ABNORMAL JURAL RELATIONS,
PAGE
3
9
CHAPTER III.-WITHIN THE SPHERE OF THE ABNORMAL RELA-
TIONS THE FUNCTION OF JURISPRUDENCE IS TO CONSTRAIN
THE PROXIMATE WILL, AND THE FACTORS ON WHICH IT MUST
RELY ARE FORCE AND FEAR,
12
CHAPTER IV.-OF THE GENERAL ENDS OR OBJECTS OF BELLIGERENCY
OR JURAL WAR.
(4) War can never be its own object,
18
(B) War becomes jural as a means, only when it is the sole means,
19
(4) A recognising State cannot jurally assert by war the liberty of
acquiring new rights by industrial means within the territoric
of a recognised State,
27
CHAPTER V.-OF THE SPECIAL ENDS OR OBJECTS OF WAR.
Of war for the assertion of subjective freedom,
CHAPTER VI.-OF THE SPECIAL ENDS OR OBJECTS Of War-
continued.
Of war for the defence of subjective freedom,
CHAPTER VII.-OF WAR FOR THE DEVELOPMENT OF SUBJEC-
TIVE FREEDOM,
39
CHAPTER VIII.-WAR IN BEHALF OF OBJECTIVE FREEDOM.
Popular view of intervention,
45
CHAPTER IX.-OF THE CONDITIONS OF INTERVENTION.
Intervention and recognition are relations which are mutually exclu-
sive. A scientific doctrine of intervention will consequently be
the converse of a scientific doctrine of recognition, and the former
will supply the rule of action when the latter fails,
CHAPTER X.-OF THE MEANS BY WHICH JURAL WAR MAY BE
JURALLY PROSECUTED.
(4) Life being the possession without which all other temporal pos-
sessions are worthless, must be the first object of belligerent
economy,
(B) The rights which belligerency confers over life and property alike
are jura publica,
CHAPTER XI.-JURA UNIVERSALIA ARE EXEMPTED FROM THE RIGHTS
WHICH BELLIGERENCY CONFERS.
(A) Persons.
1. The clergy, or ministers of all religions,
2. The clerisy, or cultivators of science, learning, and art,
64
3. Legislators and ministers of State, including sovereigns, except
when engaged in the direct performance of military duties,
4. Judges, magistrates, and practising lawyers,
5. Physicians and surgeons, apothecaries, dressers and nurses in
hospitals, and all other medical persons, whether engaged in
private practice or serving in the field,
6. Correspondents of the press,
685
CHAPTER XII.-OF THE UNIVERSAL DUTIES, OFFICIA UNIVERSALIA,
RESULTING FROM THE LIMITS WHICH UNIVERSAL RIGHTS, JURA
UNIVERSALIA, IMPOSE ON THE EXERCISE OF BELLIGERENT RIGHTS.
CHAPTER XIV. OF THE DISTINCTION BETWEEN INALIENABLE PRIVATE
RIGHTS AND THOSE WHICH ARE ALIENABLE.
CHAPTER XV.-OF THE CONVERSION OF ALIENABLE PRIVATE RIGHTS
WHICH ARE EXEMPT FROM BELLIGERENCY, INTO PUBLIC RIGHTS
WHICH FALL WITHIN ITS SCOPE.
(a) Of compulsory sale to the State of which the proprietor is a citizen, .
(b) Of compulsory sale to the opposite belligerent for ready money,
(e) Of compulsory sale for credit, .
Of the quittance d'usage,
CHAPTER XVI.-OF THE CAPTURE OF PRIVATE PROPERTY AT SEA.
87
89
1st, Of the relation between the private owner and the State at war with
that to which he belongs,
94
2d, Of the relation between the private owner and his own State, when
at war,
3d, Of the relation between the belligerent States,
995
95
97
4th, Are there any special motives of humanity or morality which forbid
the transference of property from the private owner to the State,
and its capture at sea?
100
(4) Is the capture of private property at sea more destructive to life
than any other form of warfare?
101
(B) Is war on commerce at sea more injurious to morality than the
march of a hostile army, the billeting of soldiers, and the levy-
ing of contributions in a hostile country?
5th, Is it forbidden from motives of economy, on the ground that it
does not affect the issue of the war?
6th, Is it forbidden, on the ground that it is at variance with the
"sentiment juridique international"?
7th, Is it forbidden from motives of policy peculiar to this or any
other country?
8th, Can the State, whilst accepting the loss of the private owner as
its own, protect itself against collusion between him and the
captor?
9th, Is the capture of private property forbidden from an international
point of view, on the ground that its tendency is to render a
single State supreme at sea?
CHAPTER XVII.-OF THE PASSIVE ABNORMAL JURAL RELATIONS.
Of jural submission,
CHAPTER XVIII.-OF NEUTRALITY IN GENERAL.
Neutrality is an abnormal relation, existing between one or more recog
nising States at peace and two or more recognised States at war,
which becomes a jural relation only when intervention becomes
impossible, .
Bluntschli's theory of neutrality,
Importance of intervention,
104
105
107
108
110
114
118
121
123
125
CHAPTER XIX. OF THE KINDS OF NECESSITY WHICH JUSTIFY NON-
PARTICIPATION IN BELLIGERENCY.
1st, Involuntary ignorance, or intellectual and consequent moral in-
ability to participate in war,
2d, Impotence or physical inability to participate in war,
127
128
CHAPTER XX.-NEUTRALITY, WHETHER NECESSITATED BY IGNOR-
ANCE OR BY IMPOTENCE, IS NEVER A RELATION OF IN-
DIFFERENCE,
129
CHAPTER XXI. - NEUTRALITY IS A RELATION BETWEEN STATES AND THEIR RESPECTIVE CITIZENS, AND NOT BETWEEN THE INDIVIDUAL MEMBERS OF DIFFERENT STATES AS PRIVATE PERSONS.
CHAPTER XXII. — SUBSEQUENT TO A PROCLAMATION OF NEUTRALITY,
THE NEUTRAL STATE, AND ITS CITIZENS AS CITIZENS, MUST ABSTAIN
ABSOLUTELY FROM TAKING PART WITH EITHER BELLIGERENT.
Neither the State nor its citizens as citizens must buy from or sell to
either belligerent,
135
CHAPTER XXIII.-A DECLARATION OF NEUTRALITY, BEING A PUBLIC
TRANSACTION BETWEEN RECOGNISED AND RECOGNISING STATES, does
NOT PRECLUDE THE SUBJECTS OF NEUTRAL STATES, AS PRIVATE
PERSONS, FROM TAKING PART WITH EITHER BELLIGERENT, OR
RENDER THE NEUTRAL STATES OF WHICH THEY ARE CITIZENS
JURALLY RESPONSIBLE FOR THEIR ACTIONS.
1st, May the citizen of a neutral State enlist in the service of a bel-
ligerent State?
Hobart Pasha in the Turkish service,
138
139
CHAPTER XXIV.-OF BELLIGERENT NATIONALISATION,
141
CHAPTER XXV. -THE NEUTRAL CITIZEN, IN VIRTUE OF HIS
PERSONALITY, MAY TRADE WITH EITHER BELLIGERENT WITH-
OUT RENOUNCING HIS CITIZENSHIP,
143
CHAPTER XXVI.-THE FINAL OBJECT OF BOTH BELLIGERENTS BEING
PERMANENT PEACE, THIS OBJECT WILL BE PROMOTED BY FREEDOM
OF ENLISTMENT BY PRIVATE NEUTRALS ON THE RENUNCIATION OF
THEIR NEUTRAL CITIZENSHIP, AND BY FREEDOM OF TRADE BE-
TWEEN NEUTRAL CITIZENS, IN THEIR PRIVATE CAPACITY, AND BEL-
LIGERENT STATES OR CITIZENS.
Ought free trade to exist between belligerents, inter se? .
Free trade does not exclude belligerent capture,
150
151
CHAPTER XXVII.-OF THE HUMANITARIAN OBJECTIONS TO FREE
ENLISTMENT AND FREE TRADE BY PRIVATE NEUTRALS,
155
CHAPTER XXVIII.-THE FOREIGN ENLISTMENT ACTS AND THE "THREE
RULES OF WASHINGTON," BEING AT VARIANCE WITH THE PRINCIPLE
OF FREE TRADE, LOGICALLY INVOLVE THE TOTAL PROHIBITION OF TRADE BETWEEN PRIVATE NEUTRALS AND BELLIGERENTS.
Free trade the only neutrality,
159