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only by moral sanctions : by fear on the part of nations, or by fear on the part of sovereigns, of provoking general hoslility and incurring its probable evils, in case they should violate maxims generally received and respected.”a Yet experience shows that these motives, even in the worst tiines, do really afford a considerable security for the obser. vance of those rules of justice between states which are dictated by international morality, although they are deficient in that more perfect sanction annexed by the lawgiver to the observance of a positive code proceeding from the command of a superiour. The history of the progress of the science of international jurisprudence cannot, therefore, fail to be of the highest interest, when connected with the history of the variations in that more positive system resulting from special compacts, by which the general rules founded on reason and usage have been modified and adapted to the various exigencies of human society. The author has endeavored to trace the progress of both these systems, as marked in the writings of public jurists, in judicial decisions, in the history of wars and negotiations, in the debates of legislative assemblies, and in the text of treaties, from the earliest times of classic antiquity to the most recent public transactions between the states of Europe and of America. He believes that the general result will show a considerable advance, both in the theory of international morality, and in the practical observance of the rules of justice among states, although this advance may not entirely correspond with the rapid progress of civilization in other respects. The work is now submitted by the author 10 the judgment of his own country, as a contribu. tion to the history of this branch of science, in the hope that it may be of some use in guiding the inquiries of others in a field of knowledge so important to the jurist, the states. man, and the philanthropist.
Austin, Province of Jurisprudence determined, pp. 147-148.