International law; Natural law; War (International law)
VIII. The benefit accruing to an injured person from the punishment
of an offender consists in his being secured in future against a
recurrence of the same injury from that offender, or from others.
There are three ways of preventing this recurrence--by removing the
offender--by depriving him of the power of doing harm, or lastly by
compelling him to better habits of thought or action, which is the
reformation produced by the punishment already spoken of. It is not
every kind of punishment, which can produce such effects; it must be
open and conspicuous, to operate as an example, that may deter others
from the commission of the same crimes. A vindictive punishment,
inflicted by an injured individual, or by any other person, when it
is restrained by bounds and limitations of this kind, has nothing
unlawful in it considering the law of nature by itself, apart from all
human and divine institutions, and every adventitious circumstance,
that may create a deviation from the primitive dictates of nature. We
have said that it may be inflicted by any other individual, as well
as by the injured person: for it is conformable to nature, that one
man should assist another. But as our judgment is apt to be biassed
by our affections, in cases, where our interest is concerned; since
the formation of families into states, judges have been appointed, and
invested with the power of punishing the guilty, whereby the natural
liberty of personal redress, originally allowed to individuals, was
abolished, or at least abridged. And it is only in places, on the seas
for instance, where no judicial remedy can be obtained, that this
natural liberty continues in force. There is a circumstance related
of Julius Caesar, applicable to this subject. While he was only in a
private station, being taken prisoner by some pirates, after he had
redeemed himself by a sum of money, he applied to the proconsul for
redress. But his application being neglected, he fitted out a certain
number of ships, attacked and defeated the pirates, and ordered them
all to be crucified.
Public-domain text, read in full here on John Shaqi.
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