International law; Natural law; War (International law)
But it is not every unjust design, though indicated by some outward
act, which can authorize and direct hostilities. For if the actual
commission of crimes and aggressions is, in some cases, proper to be
overlooked, much more will it be a mark of deliberate caution to use
the same forbearance, where nothing further than the pure design of
aggression appears. A forbearance which Cicero justifies upon the
possibility that the enemy may have repented of his design, before the
execution of it. No conclusive inference can be drawn from the severity
of Mosaic Law against all intended acts of impiety and murder. For, in
comparing human laws with the divine counsels, whose depths we cannot
sound, we are liable to run into error; and the impulse of anger,
where it is attended with no fatal consequence, is a case in which the
infirmity of human nature calls for pardon. For altho' the precepts of
the decalogue are designed to lay a restraint upon unlawful desires
as well as upon unlawful actions, yet in addition to the spiritual
sense, that which is called the carnal, or external commandment applies
to those dispositions that are manifested by some open act. This
interpretation may be deduced from a passage in the gospel of St. Mark,
c. x. 19, where the prohibition to defraud is immediately preceded by
the injunction not to steal. So that intended aggressions are not to be
punished by force of arms, except in cases of atrocity, where the very
design threatens consequences of the greatest danger. All punishment
therefore must have in view either security against future aggressions,
reparation for the injury done to national or private honour, or it
must be used as an example of awful severity.
Public-domain text, read in full here on John Shaqi.
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