International law; Natural law; War (International law)
From this opinion there arises a necessary consequence, that in a case
where there are equal degrees of guilt in two parties, the right of
punishment belongs to neither.
In conformity to which, our Saviour, in the case of the woman taken
in adultery, pronounced that whoever of the accusers was without sin,
meaning sins of equal enormity, should cast the first stone. John viii.
7. He said so for this reason, because in that age the manners of the
Jews were so corrupt, that, under a great parade of sanctity, the
most enormous vices, and the most wicked dispositions were concealed.
A character of the times which the Apostle has painted in the most
glowing colours, and which he closes with a reproof similar to what
his divine master had given, "therefore thou art inexcusable, O man,
whosoever thou art that judgest: for wherein thou judgest another thou
condemnest thyself; for thou that judgest doest the same things." Rom.
ii. 1. Applicable to which there is a remark of Seneca's, that "no
sentence, which is passed by a guilty person can have any weight."
And in another place, the same writer observes, that "if we look into
ourselves and consider whether we have been guilty of the offences we
are going to condemn, we shall be more moderate in our judgments."
IV. Another part of our inquiry respects the end proposed by
punishment. For by what has hitherto been said, it was only meant to
shew that in punishing the guilty no injury is done to them. Still
the absolute necessity of punishment does not follow from thence. For
the pardon of the guilty on many occasions has been considered as the
most beauteous feature in the divine and human character. Plato is
celebrated for his saying that "justice does not inflict punishment
for the evils that are done and cannot be retrieved; but to prevent
the same from being done for the time to come." From Thucydides we
find that Diodorus in addressing the Athenians on the conduct of
the Mitylenaeans, advises them "to forbear punishing their avowed
injustice, unless it was probable that the punishment would be attended
with some good effect."
These maxims may be true with regard to human punishments: for one man
being so nearly allied to another by blood, no degree of suffering
should be inflicted, but for some consequent good. But the case is
different with respect to God, to whom Plato injudiciously applies
the above sentiments. For though the divine counsels will undoubtedly
have the good of men in view, as the end of all punishment, yet the
bare reformation of the offender cannot be the sole object. Since the
divine justice, though tempered with mercy must adhere to the truth
of the revealed word, which threatens the wicked with punishment or
destruction.
The honour therefore of God, as well as the example held up to men,
will be a consequence resulting from his punishment of the wicked.
Public-domain text, read in full here on John Shaqi.
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