International law; Natural law; War (International law)
Admitting the affirmative part of the question, we may observe that as
in ecclesiastical affairs Bishops are intrusted with a Catholic, or
general power; so kings, besides the care of their own immediate states
and subjects, may be regarded as protectors of the human race. The best
argument, on the negative side of the question, against the justice of
such wars, is the sufficiency of the divine omnipotence to avenge its
own wrongs. Yet the same may be said of other offences. For the Deity
possesses sufficient power to punish them, although he leaves them
to the sentence of human tribunals. Some will urge and maintain that
other kinds of offences are punished only in cases, where others are
uninjured or endangered by the commission of them. On the other hand,
it may be said that men punish not only offences, which directly hurt
others, but even those, which affect them indirectly, as suicide and
other similar crimes.
Although religion is a concern between the soul of man and his
Maker alone, its influence on human morals is of no inconsiderable
importance. So that Plato had reason to call it the bulwark of
authority and law, and the bond of every thing venerable in social
order and discipline. Every false opinion in divine things, says
Plutarch, is pernicious, betraying itself in the disorders of the
imagination, wherever it takes root, and springs up into action. So
that Aristotle reckons the care and support of religion the first of
public concerns. This is a truth applying not to any particular state,
but to all governments, and to human society in every shape. An avowal
which Xenophon makes the characteristic of a great and wise prince,
attributing to Cyrus a declaration of his firm persuasion that the more
his subjects feared God, the more obedient he should find them to his
laws, and the more attached to his person. But once remove the motives
of religion, says Tully, and you destroy faith, the intercourse
between man and man, and justice the most excellent of all virtues.
The opinions of Epicurus afford a sufficient proof of this: for in
banishing the providence of God from his system, he made justice
nothing but an empty name, springing from human conventions, founded on
self-interest, and restraining men from the commission of crimes by no
other principle but that of fear.
But there is a wider sphere, than the internal welfare of independent
states, on which religion operates. In the separate society, which
every kingdom, state, or country forms within itself, the place of
religion may occasionally be supplied by the influence and execution
of municipal laws. But in all the transactions of the great community
at large, where civil laws are silent, and tribunals give way to the
decision of the sword, the law of nature and of nations, founded upon
the fear of God, and obedience to his will, is the standard of right
to which Kings and Sovereign states appeal; a violation of which is
regarded as a violation of the divine law.
Public-domain text, read in full here on John Shaqi.
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