International law; Natural law; War (International law)
In addition to the general characters of injustice above described, we
may annex the crime of being undutiful to parents, unkind to relatives,
or ungrateful to benefactors, which are each of them a violation of
natural, and in some respects of civil law. The repetition of these
offences too aggravates their enormity: because wicked habits are
sometimes worse than wicked actions. Hence we may comprehend the
natural justice of that rule, which the Persians followed, comparing
the past life of an offender with his present transgression. And this
ought to have some weight in cases where a crime does not originate
from habit, but from a momentary occasion. But not so, where a course
of former rectitude has been changed into an unvaried course of
wickedness. For in such cases, God himself has declared by the mouth
of his prophet Ezekiel, that he has no regard to the former life.
Even profane writers have the same clear views upon the subject; for
Thucydides observes, that degeneracy from a righteous to a wicked
course incurs double punishment: for offences are least pardonable in
those, who know the difference between right and wrong. In this respect
all praise and admiration are due to the wisdom of the primitive
Christians, who, in estimating the magnitude of offences, weighed
the preceding and the subsequent conduct of a transgressor against
the action, for which he was to be punished, as may be seen from the
council of Ancyra, and other councils. It heightens the enormity of an
offence, where it is committed in violation of an express prohibition
of the law. For, in the language of Tacitus, "the fear of prohibition
may sometimes operate as a restraint, but where men once act in
defiance of that, fear and shame have lost all their force."
XXXI. The capacity of the person too, with respect to judgment,
disposition, age, education, and every other circumstance must be taken
into consideration, when we look for resistance, or submission to the
suggestions of wicked inclinations. The thought of immediate danger
augments fear, and recent, unallayed pain inflames anger; so that in
either case the calm dictates of reason cannot be heard. Offences
therefore springing from the influence of such impressions, are of a
less odious complexion than those arising from the love of pleasure,
or the indulgence of hatred. Because there is less excuse for actions
of the latter kind, the delay, or total forbearance of which could
occasion no serious inconvenience. For it must always be kept in
mind, that where there are more powerful impediments to the exercise
of judgment, and more urgent persuasives to natural feeling, the
criminality of an offence is proportionably softened. And these are the
rules for measuring the degrees of pardon or punishment.
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