International law; Natural law; War (International law)
Definition and origin of punishment--In what manner punishment
relates to strict justice--The right of punishing allowed by
the law of nature, to none, except to those, who are innocent
of the crimes and misdemeanours to be punished--Difference
of motive between human and divine punishment--In what sense
revenge is naturally unlawful--The advantages of punishment,
threefold--The law of nature allows any one to inflict punishment
upon an offender, yet with a distinction--The regard which the
law of nations pays to the benefit of the injured party, in the
infliction of punishment--General utility of punishments--What
is determined by the law of the Gospel, in this respect--Answer
to the objections founded upon the mercy of God, as displayed in
the Gospel--Capital punishments objected to as cutting off all
possibility of repentance--Not safe for private Christians to
inflict punishments, even when allowed to do so, by the law of
nations--Prosecutions, for certain offences, to be carried on
in the name of the public and not of individuals--Internal acts
not punishable by man--Open acts, when inevitable through human
infirmity not punishable--Actions, neither directly nor indirectly
injurious to society, not punishable by human laws--The reasons
of that exemption--The opinion, that pardon can never be granted,
refuted--Pardon shewn to be allowable before the establishment of
penal law--But not in all cases--Allowable also subsequently to the
establishment of penalties--Internal and external reasons--Opinion,
that there can be no just reason for dispensing with laws, except
where such dispensation can be implied as authorised by the law,
examined and refuted--Punishment estimated by the desert of
the offender--Different motives compared--Motives which ought
to restrain men from sin--Scale of offences according to the
precepts of the Decalogue--Capacity of the offender--Punishment
mitigated from motives of charity, except where there are stronger
motives of an opposite kind--Facility or familiarity of crimes
aggravates their nature--Clemency, proper exercise of--Views of
the Jews and Romans in inflicting punishment--War considered as
a punishment--Whether hostilities can justly be commenced for
intended aggressions--Whether Kings and Nations are justified
in making war to punish offences against the law of nature, not
immediately affecting themselves or their subjects--The opinion,
that jurisdiction is naturally necessary to authorise punishment,
refuted--Distinction between the law of nature, and civil customs,
and the divine voluntary law--The question, whether war can be
undertaken to punish acts of impiety--considered--The being of
God, whence known--Refusal to embrace the Christian religion not a
sufficient cause of war--Cruel treatment of Christians, justifiable
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