International law; Natural law; War (International law)
I. It has been said above that the rights due to us arise from three
sources, which are contract, injury and law. It is unnecessary here
to dwell upon the nature of contracts which has been already so fully
discussed. The next point therefore to which we proceed is an inquiry
into the rights resulting to us from injuries received. Here the name
of crime or misdemeanor is applied to every act of commission or
neglect repugnant to the duties required of all men, either from their
common nature or particular calling. For such offences naturally create
an obligation to repair the loss or injury that has been sustained.
II. By loss is meant a diminution of what any one possesses, whether
it be a right derived to him purely from the law of nature, or from
the addition of human authority, that is from the law of property,
contract, or civil law. God has given life to man, not to destroy,
but to preserve it; assigning to him for this purpose a right to the
free enjoyment of personal liberty, reputation, and the controul over
his own actions. The manner, in which property and contracts convey
to any one a right to things, as well as to the service of another,
has been shewn in the preceding part of this treatise. In the same
manner from the law every man derives his peculiar right; because the
law has the same, if not greater power over persons and things than
individuals themselves have. Thus by the appointment of law, a ward
has a right to demand the strictest diligence of a guardian, the state
of a magistrate, and not only the state, but every subject has a right
to require it; where the law expressly declares or evidently implies
that certain acts shall be performed. But the bare circumstance of an
action being fit or proper gives not the right of POLITICAL justice to
demand its performance, nor does the neglect of it entitle the party
suffering to any legal redress. Because it does not follow that a thing
must belong to a person because it is fit or beneficial for him. Thus,
as Aristotle says, there is no actual injustice, though it may be
illiberal to refuse assisting another with money. To the same purpose
Cicero, in his speech for Cneius Plancus, says, that giving their votes
to whom they please, or withholding them if they think proper, is the
true characteristic of a free people. He afterwards, indeed, corrects
his assertion by adding, that they may happen to do what they like,
rather than what they ought to do, taking the word OUGHT to signify
propriety.
III. A precaution is necessary here, in order to avoid confounding
things of a different kind.
Public-domain text, read in full here on John Shaqi.
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