International law; Natural law; War (International law)
III. Though most powers, when engaging in war, are desirous to colour
over their real motives with justifiable pretexts, yet some, totally
disregarding such methods of vindication, seem able to give no better
reason for their conduct, than what is told by the Roman Lawyers of a
robber, who being asked, what right he had to a thing, which he had
seized, replied, it was his own, because he had taken it into his
possession? Aristotle in the third book of his Rhetoric, speaking of
the promoters of war, asks, if it is not unjust for a neighbouring
people to be enslaved, and if those promoters have no regard to the
rights of unoffending nations? Cicero, in the first book of his
Offices, speaks in the same strain, and calls "the courage, which is
conspicuous in danger and enterprise, if devoid of justice, absolutely
undeserving of the name of valour. It should rather be considered as a
brutal fierceness outraging every principle of humanity."
IV. Others make use of pretexts, which though plausible at first sight,
will not bear the examination and test of moral rectitude, and, when
stripped of their disguise, such pretexts will be found fraught with
injustice. In such hostilities, says Livy, it is not a trial of right,
but some object of secret and unruly ambition, which acts as the chief
spring. Most powers, it is said by Plutarch, employ the relative
situations of peace and war, as a current specie, for the purchase of
whatever they deem expedient.
By having before examined and established the principles of just and
necessary war, we may form a better idea of what goes to constitute
the injustice of the same. As the nature of things is best seen by
contrast, and we judge of what is crooked by comparing it with what
is straight. But for the sake of perspicuity, it will be necessary to
treat upon the leading points.
Public-domain text, read in full here on John Shaqi.
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