International law; Natural law; War (International law)
As to forbearance, it is an acknowledged point, that when he knows of
a delinquency, which he neither forbids nor punishes, when he is both
able and bound to do so, he becomes an accessory to the guilt thereof.
Cicero, in his speech against Piso, says, "it makes no great difference
especially in a consul, whether he harasses the government by moving
ruinous laws, and making mischievous speeches, or suffers others to do
the same. If a slave has committed a murder with the knowledge of his
master, the master becomes answerable for the entire deed, as it was
done with his concurrence."
But, as we have said before, besides the knowledge of a deed, to
constitute a participation in the guilt, the person so knowing it,
must possess the power to prevent it. And this is what is meant by the
legal phrase, that the knowledge of a crime, when it is ordered to
be punished, is taken in the sense of forbearance or connivance, and
it is supposed that the person, who ought to have prevented it, did
not do so. In this place knowledge implies a concurrence of will, and
connivance a concurrence of design. A master therefore is not bound by
the act of a slave, who has claimed his freedom, and done any thing in
despite of his master, because the knowledge of a crime without ability
to prevent it, by disclosure or some other means, cannot be construed
into an act of guilt. So parents are bound by the acts of children; but
only in cases where they have the children under their authority. On
the other hand, altho' by having them in their power, they might have
prevented their misconduct, they will not be answerable for it, unless
they had a knowledge of it also. For there ought to be a concurrence
of knowledge, and forbearance or encouragement to involve any one in
the guilt of another's actions; circumstances all of which by a parity
of reasoning may be applied to the connection between sovereigns and
subjects: a connection founded on principles both of natural and civil
law.
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