International law; Natural law; War (International law)
In a PARTICULAR acceptation of the word justice, with regard to
a matter in dispute, it cannot in war, any more than in legal
proceedings, apply to both sides. For there can be no moral principle,
commanding us, under the same circumstances, both to DO, and to ABSTAIN
from a particular action. It may happen indeed that neither of two
belligerent powers may act unjustly. For no one can be charged with
acting unjustly unless he knows that he is doing so; but there are
many, who are not aware of the nature, extent, and consequences of
their measures. Thus in a law-suit, both parties may sincerely believe
that they have justice on their side. For many things both in law and
fact, which would establish a right, may escape the notice of men.
In a GENERAL acceptation, an action may be called just, where the
agent is free from every kind of blame. Yet in many cases an agent may
deviate from the strict rules of legal justice, and be liable to no
blame, when that deviation is owing to unavoidable ignorance, there
having been neither time nor opportunity sufficient for him to know
the substance, or perhaps existence of the law. So it may happen in
law-suits, that both parties are free not only from the imputation
of injustice, but from all blame, especially where either of them is
litigating a matter not on his own, but on another's account; as for
instance where a guardian is acting for his ward, he would not be
authorized in abandoning even a doubted right. Aristotle says that in
matters of disputed right neither side can be charged with injustice;
conformably to which opinion Quintilian observes that an upright
pleader may be engaged on either side of the question. Aristotle
further observes that passing a just judgment is an ambiguous term,
signifying that a judge determines either according to the strict
letter of the law, or according to the dictates of his own conscience.
And, in another place, he has said that giving a wrong judgment through
ignorance is no act of injustice.
But in matters of war and peace, where such weighty and varied
interests on all sides are concerned, it would be difficult to obtain
a judgment purely impartial, and abstracted from all personal motives,
unless there be the most clear and undeniable evidence on the points in
question.
If we denominate a thing to be just, from its effect in conferring
certain rights, in this sense it is plain that in war there may be
justice on both sides. In the same manner, a sentence not strictly
legal, or a possession not perfectly just may nevertheless confer
certain rights.
CHAPTER XXIV.
PRECAUTIONS AGAINST RASHLY ENGAGING IN WAR, EVEN UPON JUST GROUNDS.
Public-domain text, read in full here on John Shaqi.
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