International law; Natural law; War (International law)
To inflict punishment by way of retaliation was disapproved of even by
those of the Jews, who were distinguished for their worth and wisdom;
because they regarded not only the LETTER, but the PURPOSE and SPIRIT
of the law. This appears from Philo, in whose writings we find the
Jews of Alexandria, upon the calamity of Flaccus, their persecutor,
addressing themselves to God in the following language, "We do not
rejoice, O Lord, in the calamity or punishment of an enemy, being
taught by thy holy laws to feel for the miseries of men." And in this
case we may apply that general command given by Christ to forgive
all who have offended or injured us, that is, neither to do, nor to
wish them evil, through resentment of the evil they have done to us.
But what can be said of revenge, not as regarding the past, but as
providing security for the future? Here too Christ requires of his
followers the same disposition to pardon injuries, particularly, if the
offender shews any probable signs of repentance. Luke xvii. 3. Eph.
iv. 32. Col. iii. 13. In those passages a full remission is intended,
such a remission as restores the offender to his former situation of
friendship or confidence: and consequently nothing can be required of
him under the name of punishment. Besides, if there were no such marks
of repentance, the reparation of a loss is not to be pursued with too
much rigour; a doctrine inferred from the precept of Christ enjoining
us to give up the garment along with the cloak.
But if it is likely that connivance at an offence will be attended
with imminent inconvenience and even danger to ourselves, we should be
contented with such securities as may be effectual, and at the same
time operate with as little prejudice as possible to the offender.
For even among the Jews, the law of retaliation was not in use, as we
are informed by Josephus, and other writers of that nation. But in
addition to the expence incurred, which the law treats of as a separate
point, the injured party usually received a pecuniary fine instead of
retaliation; the repayment of expences being considered simply as a
restitution, and not a penalty.
It remains now to consider punishment, as providing for the PUBLIC and
not INDIVIDUAL security, which is accomplished either by removing the
guilty person out of the way or by restraining him from doing farther
mischief, or by deterring others through the severity of example, none
of which means it has been clearly proved were abolished by Christ; for
in giving his precepts he affirmed that he destroyed no part of the
law. The law of Moses indeed, which in these respects was to remain
in force as long as the Jewish Polity existed, strictly enjoined
magistrates to punish murder and other similar crimes. But if the
precepts of Christ could exist in conjunction with the law of Moses,
as far as it imposed capital punishments, surely they may exist in
conjunction with human laws, which in this respect are but an imitation
of the divine laws.
Public-domain text, read in full here on John Shaqi.
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