Human behaviour is law

This essay speaks about a treaty with Latin title, De jure bello, this is About right of war, written in 1458, in Italy and author is Alberico Gentili, some step of this treaty is interesting, because it seems foresee some conception that is very near to our: “They say in fact that is a right of people, and of this mankind uses, a right that human rational built among the men, and it is kept to same way in all peoples, this is natural right. Really  it is alone the consent of all people must be considered right of nature”; today it is automatic to think, but during 1458 it is revolutionary concept, that has foreseen our right, or much better the consent has been just adopted in Athens of Clisthenes, in Areopagus, where important decisions were voted from representatives of people of Attic; democracy is a question very ancient, although the master Athens sometime has failed.  And other step confirm it: “Better still the govern of a community and law power belong to majority of citizens, so govern of word belongs to community of word”, utopic? Certainly but very near to us conception, and it is shows that mankind is similar, after said. Some human reality becomes true today, he spoking about merchants he says: “The Merchants, instead, busied on their businesses , cure very little of truth and they usually tell to ambition; this behavior we can attribute to very much persons that we know, it attests that man is similar every time, and it isn’t alone a social context, but it is mankind that expresses itself. Other important matter that we can consider is other step: “Nevertheless much of thing that the merchants has said we can consider true, because they haven’t neglected the seizes of right of people that regarding to them  and their merchants. In fact the commercials belong to right of people”; it is normal both today and in 1458, but it is interesting because shows what level of entrepreneurship has had in Italy; this traditional costume that begun from Middle Age, but to us interesting this step, because represents that liberal idea of commerce, that we consider from Adam Smith, is really more old than Smith, and now we can confirm it because this step is also a moral document; this is a demotic opinion, that has back a legitimation both right and moral; this is the merchant had won. Actual consideration that we can find in everywhere is following: “it is very true also to no written right; in fact the custom in a city bonds everyone, and it is called custom of all city, although every not citizen has accepted it, actually somebody has refused”. I think that we can consider that it more than a teat about war it is a treat about human custom, that becomes law both moral and written.

Alessandro Lusana


 

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