International law; Natural law; War (International law)
XVIII.[54] It is proper now to consider whether all wicked acts are of
that kind, which are punishable by human laws. In reply to which we
may answer that they certainly are not.--In the first place, mere acts
of the mind, or criminal intentions, though by subsequent confession,
or some other accident, they may come to the knowledge of others, are
not punishable by human laws. Because, as it was proved in a former
part of this treatise, it is not consonant to the law of nature, that
INTENTIONS ONLY should give rise to any right, or obligation amongst
men. And in this sense the maxim of the Roman law is to be taken, THAT
NO ONE DESERVES PUNISHMENT FOR MERE THOUGHTS. Yet this does not prevent
intentions, when they have an influence upon the conduct, from being
considered as actual deeds, and equally deserving of punishment.
XIX. In the second place, even outward acts, cannot be punished by men
where they arise through some inevitable infirmity of human nature. For
although there can be no sin, except where there is a freedom of will,
yet to be at all times free from all infirmity and sin, is more than
can be expected from the condition of man. So that Sopater, Hierocles
and Seneca among the Philosophers; Philo among the Jews; Thucydides
among the historians; and innumerable writers among Christians have
maintained that sin is interwoven with our very nature. Nay indeed, a
doubt may be entertained whether such acts can rightly and properly
be called sins. For though seeming to be voluntary actions, they will
be found, when minutely considered, not to proceed from a free and
deliberate exercise of the will. "Laws, _says Plutarch in the life of
Solon_, should be framed to suit possible cases, the legislator may
obtain every beneficial end by punishing a few offenders, where the
indiscriminate punishment of multitudes would be attended with no good
effect."
There are some actions, which though not imputable to human nature
itself, are inevitable consequences of the influence of bodily habits
on the mind. Actions like these are punishable in human courts, owing
to the criminality of voluntary contracting, or of not sufficiently
guarding against, those habits.
XX. In the third place, human courts of justice cannot take cognizance
of those offences, which neither directly nor indirectly, affect the
public or individuals. For no reason can be assigned, why such offences
should not be left to the judgments of God, whose all-seeing eye must
know them, whose equity will weigh them, and whose power can punish
them. It would be unnecessary therefore, and presumptuous in human
tribunals to assume such decisions. However we must except from this
rule those corrective kinds of punishment, designed for the reformation
of offenders, even where their conduct is no way injurious to others.
Public-domain text, read in full here on John Shaqi.
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