International law; Natural law; War (International law)
It was an absurdity therefore in the Greeks to suppose, that difference
of manners, or inferiority of intellect made those, whom they were
pleased to call barbarians, their natural enemies. But as to atrocious
crimes striking at the very root and existence of society, the
forfeiture of property ensuing from thence is a question of a different
nature, belonging to punishments, under the head of which it was
discussed.
XI. But neither the independence of individuals, nor that of states,
is a motive that can at all times justify recourse to arms, as if
all persons INDISCRIMINATELY had a natural right to do so. For where
liberty is said to be a natural right belonging to all men and states,
by that expression is understood a right of nature, antecedent to every
human obligation or contract. But in that case, liberty is spoken of
in a negative sense, and not by way of contrast to independence, the
meaning of which is, that no one is by the law of nature doomed to
servitude, though he is not forbidden by that law to enter into such
a condition. For in this sense no one can be called free, if nature
leaves him not the privilege of chusing his own condition: as Albutius
pertinently remarks, "the terms, freedom and servitude are not founded
in the principles of nature, but are names subsequently applied to men
according to the dispositions of fortune." And Aristotle defines the
relations of master and servant to be the result of political and not
of natural appointment. Whenever therefore the condition of servitude,
either personal or political, subsists, from lawful causes, men should
be contented with that state, according to the injunction of the
Apostle, "Art thou called, being a servant, let not that be an anxious
concern?"
XII. And there is equal injustice in the desire of reducing, by force
of arms, any people to a state of servitude, under the pretext of
its being the condition for which they are best qualified by nature.
It does not follow that, because any one is fitted for a particular
condition, another has a right to impose it upon him. For every
reasonable creature ought to be left free in the choice of what may be
deemed useful or prejudicial to him, provided another has no just right
to a controul over him.
The case of children has no connection with the question, as they are
necessarily under the discipline of others.
Public-domain text, read in full here on John Shaqi.
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