International law; Natural law; War (International law)
an additional sanction from the authority of the law, which ought to be
respected and observed.
XXV. The reasons for releasing any one from the penalties of the law,
are of two kinds, either internal or external.
An internal reason, to justify a departure from the sentence of the
law, must be one, where the punishment is severe when compared with the
offence.
XXVI. An external reason is one arising from some favourable
circumstance in the character of the offender, or some fair hopes that
may be entertained of his future conduct. And these reasons will have
the most weight in cases, where the particular motives for making the
law cease to operate. For although a general reason, unopposed by any
other of a weightier kind, may sufficiently authorise the enaction of
a law; yet where the peculiar reason, for which that law was made, has
ceased to exist, the relaxation of it, or even a total dispensation
will be attended with less danger to the universal authority of law in
general.
Such a dispensation indeed is most allowable, where an offence has been
committed through ignorance, though the party so committing it is not
entirely free from blame, or through some invincible infirmity of mind,
in all which cases, a Christian ruler will have an eye to the example
of God, who, under the old covenant, appointed many such offences
to be atoned for by certain expiatory offerings: Levit. iv. and v.:
and, in the New Testament, he has expressly declared his intention to
pardon such offences, upon due repentance. Luke xxiii. 34.; Heb. iv.
15. and v. 2.; 1 Tim. 1. 13. And Chrysostom observes, that Theodosius,
impressed with those words of our Saviour, "Father, forgive them, for
they know not what they do," was led to grant a pardon to the people of
Antioch.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account