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261. Right founded on custom,

ibid.

263. First general maxim-it is not allowable to interpret what
has no need of interpretation,

ibid.

265. Third general maxim- neither of the contracting parties
has a right to interpret the treaty according to his own
fancy,

ibid.

266. Fourth general maxim- what is fufficiently declared, is to

be taken for true,
ibid.
267. We ought to attend rather to the words of the perfon pro-
mifing, than to those of the party ftipulating,

ibid.

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281. Not neceffary to give a term the fame fenfe every-where

in the fame deed,

252

282. We ought to reject every interpretation which leads to an

abfurdity,

ibid.

283. or which renders the act null and void of effect, 284. Obfcure expreffions interpreted by others more clear in the fame author,

253

254

285, Interpretation founded on the connection of the difcourfe, ib. 286. Interpretation drawn from the connection and relation of the things themselves,

255

256

287. Interpretation founded on the reafon of the deed, 288. Where many reafons have concurred to determine the will, ib. 289. What conftitutes a fufficient reafon for an act of the will, 257 290. Extenfive interpretation founded on the reason of the act, ib. 291. Frauds tending to elude laws or promises, 292. Restrictive interpretation,

259

258

293. Its ufe, in order to avoid falling into abfurdities, or into what is unlawful,

ibid.

294. or what is too fevere and burthenfome, 295. How it ought to restrict the fignification agreeably to the fubject,

260

ibid.

296. How a change happening in the state of things may form an exception,

260

297. Interpretation of a deed in unforeseen cafes, 298. Reasons arifing from the poffibility and not the existence

262

of a thing,

ibid. 299. Expreffions fufceptible of an extenfive and a limited fenfe, 263 300. Things favourable, and things odious,

ibid.

301. What tends to the common advantage, and to equality, is favourable; the contrary is odious,

264

302. What is useful to human fociety, is favourable: the con

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305. Whatever tends to change the prefent ftate of things, is

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309. Examples,

268

310. How we ought to interpret deeds of pure liberality,

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Se&.

320. Ninth rule,

page

274

ibid.

322. General remark on the manner of obferving all the preced

321. Tenth rule,

ing rules,

ibid.

CHAP. XVIII.

Of the Mode of terminating Difputes between Nations.

323. General direction on this fubject,

274

324. Every nation is bound to give fatisfaction refpecting the jutt complaints of another,

275

325. How nations may abandon their rights and just com

plaints,

ibid.

326. Means fuggefted by the law of nature, for terminating their

difputes:-amicable accommodation,

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332. Effential rights, and thofe of lefs importance,

279

333. How we acquire a right of recurring to force in a doubt

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338. How reparation of an injury is to be fought,

ibid.

339. Retaliation,

340. Various modes of punishing, without having recourse to

ibid.

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345. The state is bound to compenfate thofe who fuffer by re

prifals,

285.

346. The fovereign alone can order reprisals,

ibid..

347. Reprifals against a nation for actions of her fubjects, and

in favour of the injured fubjects,

ibid.

348. but not in favour of foreigners,

ibid.

349. Those who have given caufe for reprifa's are bound to in

demnify thofe who fuffer by them,

286

350. What may be deemed a refufal to do justice,

287

351. Subjects arrefted by way of reprisals,

ibi

352. Our right against those who oppofe reprisals, 353. Juft reprisals do not afford a just cause for war,

288

ibid.

354. How we ought to confine ourfelves to reprisals, or at

length proceed to hoftilities,

ibid,

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Of War,-its different Kinds,—and the Right of making War.

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Of the Inftruments of war, the raifing of Troops, &c.-their

Commanders, or the Subordinate Powers in War.

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10. Whether there be any exemptions from carrying arms, ibid.

11. Soldiers' pay and quarters,

12. Hofpitals for invalids,

13. Mercenary foldiers,

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19. Subordinate powers in war,

296

ibid.

297

298

ibid.

299

ibid.

ibid.

ibid.

300

20. How their promises bind the fovereign,

21. In what cafes their promises bind only themfelves, ibid. 22. Their affumption of an authority which they do not poffefs, ib. 23. How they bind their inferiors,

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24. War never to be undertaken without very cogent reafons, 301 25. Juftificatory reafons, and motives for making war, abid. 26. What is in general a juft caufe of war,

27. What war is unjust,

28. The object of war,

302

ibid.

ibid.

29. Both juftificatory reafons and proper motives requifite in un

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Sect.

page

31. War undertaken upon juft grounds, but from vicious mo

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33. War undertaken merely for advantage,

303

304 ibid.

34. Nations who make war without reafon or apparent motives,

35. How defenfive war is juft or unjust,

305

ibid.

36. How it may become just against an offensive war which was originally juft,

ibid.

37. How an offenfive war is juft in an evident cause,

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41. War undertaken to punish a nation,

307

42. Whether the aggrandifement of a neighbouring power can authorise a war against him,

ibid.

43. Alone, and of itfelf, it cannot give a right to attack him, 308 44. How the appearances of danger give that right, 45. Another cafe more evident,

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49. How he that deftroys the equilibrium, may be restrained, or even weakened,

ibid.

50. Behaviour allowable towards a neighbour preparing for

war,

CHAP. IV.

Of the Declaration of War,—and of War in due Form.

51. Declaration of war:-neceffity thereof,

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313

54. The right to make war ceases on the offer of equitable

conditions,

55. Formalities of a declaration of war,

56. Other reafons for the neceffity of its publication,

315 ibid.

316

ibid.

ibid.

ibid.

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61. Duty of the inhabitants on a foreign army's entering a coun

try before a declaration of war,

ibid.

318

62. Commencement of hoftilities, 63. Conduct to be observed towards the enemy's fubjects who are in the country at the time of the declaration of war, ibid.

64 Publication of the war, and manifeftoes,

ibid.

65. Decorum and moderation to be obferved in the manifeftoes, 319 65. What is a lawful war in due form,

ibid.

67. It is to be diftinguished from informal and unlawful war, 320 68. Grounds of this diftinction,

ibid.

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