International law; Natural law; War (International law)
cause of war--Open defiance of religion punishable.
I. In the preceding part of this treatise, where the causes, for which
war may be undertaken, were explained, it was considered in a two-fold
light, either as a reparation for injuries, or as a punishment. The
first of these points having been already cleared up, the latter, which
relates to punishments, remains to be discussed, and it will require a
more ample investigation; for the origin and nature of punishment, not
being perfectly understood, has given rise to many errors.
Punishment taken in its most general meaning signifies the pain of
suffering, which is inflicted for evil actions. For although labour may
some times be imposed instead of punishment; still it is considered
in that case, as a hardship and a grievous burden, and may therefore
properly be classed with sufferings. But the inconveniences, which
men are some times exposed to, by being excluded from the intercourse
of society and the offices of life, owing to infectious disorders,
or other similar causes, which was the case with the Jews on account
of many legal impurities, these temporary privations are not to be
strictly taken for punishments: though from their resemblance to each
other, they are often, by an abuse of terms, confounded.
But among the dictates laid down by nature, as lawful and just, and
which the ancient Philosophers call the law of Rhadamanthus, the
following maxim may be placed, THAT IT IS RIGHT FOR EVERY ONE TO SUFFER
EVIL PROPORTIONED TO THAT WHICH HE HAS DONE.
Which gave occasion to Plutarch, in his book on exile, to say that
"justice is an attribute of God, avenging all transgressions of the
divine law; and we apply it as the rule and measure of our dealings
with each other. For though separated by the arbitrary or geographical
bounds of territory, the eye of nature looks upon all, as fellow
subjects of one great empire." Hierocles gives a fine character of
justice, calling it the healing remedy of all mischief. Lactantius in
speaking of the divine wrath calls it "no inconsiderable mistake in
those, who degrade human or divine punishment with the name of cruelty
or rigour, imagining that some degree of blame must always attach to
the punishment of the guilty." What has been said of the inseparable
connection of a penalty with every offense is similar to the remark of
Augustin, "that to make a punishment JUST, it must be inflicted for
some crime." He applies the expression to explain the divine justice,
where through human ignorance, the offence is often undiscoverable
though the judgment may be seen.
II. There are diversities of opinion whether punishment comes under the
rank of ATTRIBUTIVE or that of STRICT justice. Some refer it to justice
of the attributive kind, because offences are punished more or less,
in proportion to their consequences, and because the punishment is
inflicted by the whole community, as it were, upon an individual.
Public-domain text, read in full here on John Shaqi.
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