International law; Natural law; War (International law)
It was shewn in a former part of this treatise, that a body politic
though it may seem to vary by a succession of new members, continues
the same, as long as it retains its form. In which case it seems liable
to punishment no less than individuals. On the other hand bodies
politic seem to possess many privileges peculiar to themselves, such
as having a common treasury, a common seal, laws, and other similar
advantages. But there are some distinctions, which they particularly
derive from the INDIVIDUALS of which they are composed. Thus we say
that Universities are learned, or Garrisons brave, according to the
number of learned or gallant men, which they respectively contain.
Merit is a distinction of this kind, as being a gift of nature to
individuals, or an individual acquirement, which no public body,
OF ITSELF, can have. So that upon the death or departure of those
meritorious individuals, the degree of merit, which any public society
derived from their presence, must become extinct. In the same manner,
the debt of punishment which is considered as arising from some act of
demerit, must cease with the debt of the individual delinquents.
Arrian is justly commended for censuring the vengeance retorted upon
the Persians by Alexander, at a time, when those, who had committed
the original aggressions on the Greeks, had long been laid in their
graves. He passes a like sentence upon the burning of Persepolis, as
a retaliation for what the Persians had done at Athens. Such acts of
retaliation, after a lapse of years, have been vindicated by some
writers, as an imitation of the slow, but unerring progress of divine
justice. But we must remember that the ways of God are not as our ways,
nor is the exercise of his justice to be measured by our counsels. For
if descendents can claim no merit for the actions of their FOREFATHERS,
neither is it right they should be punished for THEIR transgressions.
The consequences of merit indeed may be transmitted without injury, and
therefore without injustice; but it is not so with punishments.
IX. Having thus shewn that a communication of punishment is necessarily
connected with a participation in guilt, it remains to consider
whether punishment can be extended to those, who are no way concerned
in the crime. In order to understand this clearly, and to prevent the
mistakes that may arise from a similarity of expression, where there
is no similarity of facts, it will be necessary to make use of some
precautions.
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