International law; Natural law; War (International law)
XXIX. In examining the different degrees of guilt, we ought to take
into the account the motives which impelled the offender to commit the
act--the motives, which ought to have restrained him therefrom, and how
far he was capable of yielding to either. Scarce any one does a wicked
action without some motive, or so far strips himself of the nature of
man, as to delight in such acts from pure malignity. Most men are led
away by the indulgence of their appetites, which engender sin. Under
the name of appetite also may be comprehended the strong desire of
avoiding evil, which is the most consonant to nature, and therefore to
be reckoned amongst the most laudable of all desires. So that offences
committed for the sake of avoiding death, imprisonment, pain, or
extreme want are generally deemed the most excusable.
Which gave occasion to Demosthenes to say, "that we are justly more
exasperated against those, who, abounding in riches, commit evil
actions, than against those, who are impelled by want to do the same.
Humane judges are always ready to make allowance for necessity: but
where wealth is united with injustice, no pretext can be pleaded in
excuse." On this score, Polybius excuses the Acarnanians, for having
neglected, when threatened with impending danger themselves, to fulfil
the terms of a defensive treaty made with the Greeks against the
Aetolians.
Besides the desire of avoiding evil there are other desires tending
to some good, either real or imaginary. Real advantages, considered
apart from virtues, and those actions, which have a virtuous tendency,
are either such as give delight themselves, or, like abundance of
riches, can procure those things, which administer to pleasure. Among
advantages purely imaginary, we may reckon that of desiring to excel
others, from a spirit of rivalry, rather than from any laudable
intention, or the power of gratifying resentments, which the farther
they deviate from natural justice the more shocking they are to natural
feeling. These appetites the Apostle has described in terms of marked
censure, calling them, the "lust of the flesh, the lust of the eye, the
pride of life." Here the first member of the sentence expresses the
love of pleasure, the second implies the insatiable love of riches,
and the third comprehends the pursuit of vain glory, and the desire of
revenge.
XXX. The very injustice of all offences ought to be a GENERAL motive
with men, to restrain them from the commission of them. For at present
we are not considering sins of any kind, but those, which extend
their consequences beyond the offender himself, and affect others.
And injustice is the more heinous and criminal in proportion to the
greatness of the injury, which it inflicts.
Public-domain text, read in full here on John Shaqi.
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