International law; Natural law; War (International law)
But as it requires a painful degree of patience to examine into facts,
and no inconsiderable share of skill and equity to affix the extent
of punishments; in order to prevent quarrels from arising through the
presuming conceit, which every man entertains of his own wisdom, and to
which others are averse to yield; in all well regulated communities,
it has been usual to select for the tribunals of justice those, who
were deemed worthy of such honour, or likely to become so, from their
integrity and wisdom. Democritus has said, there would have been no
occasion for laws to prevent every man from living according to his own
humour, if one had not done injury to another. For envy was the origin
of strife. But as we have just observed, that it happens, in the case
of revenge, so in this kind of punishment, inflicted for the sake of
example, there are traces and remains of ancient law, in those places,
and among those persons, that are subject to no CIVIL jurisdiction;
and in certain other cases besides. Thus any Hebrew, according to the
customs of that people, if he should turn away from God, or from the
law of God, or should seduce others to false worship, might immediately
be put to death by any one whatsoever. The Hebrews call that an act of
ZEAL, which was first done by Phinehas, and which afterwards became
a custom. Thus Mattathias slew a Jew, who was polluting himself with
Grecian rites. In the same manner, in the book commonly called the
third book of Maccabees, it is related that three hundred other Jews
were put to death by their own countrymen. Nor could any other pretext
be assigned for stoning Stephen, and conspiring against Paul. Philo,
and Josephus abound in instances of this kind. There are many countries
where we may trace the remains of primitive law, in the plenary power
allowed to masters over their slaves, and to parents over their
children, extending even to inflict the punishment of death. So the
Ephori of Sparta might put a citizen to death without the formality of
trial. From what has been said, it is easy to infer what punishment the
law of nature authorises, and how far it has remained in force.
Public-domain text, read in full here on John Shaqi.
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