International law; Natural law; War (International law)
XII. and XIII. Having laid down these distinctions, we may observe that
it is impossible that an innocent person should suffer for another's
crime. This does not proceed from the reasons given by Paulus, who
maintains that punishment is designed for the reformation of the
offender. For it seems possible that an example may be made, extending
beyond the person of the criminal himself, when it affects, in its
consequences, those, who are nearly related to him. So that it is not
for the sake of example only that punishment is inflicted, but because
the obligation thereto arises from the demerit of the offending party.
Now every demerit must be of a personal nature, as it proceeds from
a man's own will, over which he is supposed to exercise a perfect
controul.
XIV. In the law given to the Hebrews, God threatens to avenge the
impiety of fathers upon their children. But he has sovereign dominion
over our lives and substance, as being his gift, which he may take
away from any one, whenever he pleases, without assigning his reasons.
Therefore if he thinks proper to take away by a premature or violent
death the children of Achan, Saul, Jeroboam or Ahab, he is exercising
over them the right of sovereignty, as well as that of punishment;
imposing by that awful example the more severe penalty upon the
parents. For if they survive their children, which was what the divine
law had most in view, and therefore did not extend these threats beyond
the time of great grand-children, a period to which the age of man
might reach, it is certain that parents would be severely punished by
such a sight, the most afflicting of any they could witness. Or if they
should not survive such an event, to die under such an apprehension
would be a great calamity.
But it is proper to remark that examples like those are never employed
by God, except against crimes affecting his divine Majesty, as false
worship, perjury or sacrilege. Indeed those threats of divine vengeance
are not always enforced; especially where any extraordinary virtue
shines in the characters and conduct of the children: as may be seen in
the xviii. chapter of the prophesy of Ezekiel. Plutarch has discussed
this topic with great eloquence in his book on the remote vengeance of
God.
Public-domain text, read in full here on John Shaqi.
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