International law; Natural law; War (International law)
XVII. Contracts, or promises obtained by fraud, violence or undue fear
entitle the injured party to full restitution. For perfect freedom from
fraud or compulsion, in all our dealings, is a RIGHT which we derive
from natural law and liberty.
With the same class of offenders we may rank all men in office, who are
unwilling to discharge their duty without a bribe.
XVIII. When a person has HIMSELF been the occasion of the fraud or
violence, the consequences are imputable to his own conduct. For
where a voluntary act gives rise to INVOLUNTARY consequences, those
consequences, considered in a moral light, are to be deemed the fruits
growing out of the exercise of a free will.
XIX. But to connect the preceding cases and arguments with public and
national concerns, it is necessary to observe, that it is a maxim
introduced and established by the consent of all nations that the wars
which are declared and conducted by the authority of the sovereign
power on both sides are alone entitled to the denomination of just
wars: And the enemy has no right to demand restitution for what the
prosecution of such wars has reduced him to abandon through fear. It
is upon this principle we admit the distinction which Cicero has made
between an enemy, towards whom the consent and law of nations oblige us
to observe many common rights, and between robbers and pirates. For any
thing given up to pirates or robbers, through fear, is no lawful prize:
but it may be recovered, unless a solemn oath of renunciation has been
taken. This is not the case with the captures made in just war.
The justification which Polybius makes for the Carthaginians, in the
second Punic war, carries with it an appearance of equity, though it
is not a question immediately founded upon the law of nations. They
alleged as a reason for their making that war, that, when they were
engaged in quelling a mutiny of their own mercenaries, the Romans had
declared war, seized upon Sardinia, and levied contributions of money.
XX. Sovereign Princes and States are answerable for their neglect, if
they use not all the proper means within their power for suppressing
piracy and robbery. And on this account the Scyrians were formerly
condemned by the Amphictyonic council.
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