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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