International law; Natural law; War (International law)
V. Civilians call a faculty that Right, which every man has to his
own; but we shall hereafter, taking it in its strict and proper sense,
call it a right. This right comprehends the power, that we have over
ourselves, which is called liberty, and the power, that we have over
others, as that of a father over his children, and of a master over
his slaves. It likewise comprehends property, which is either complete
or imperfect; of the latter kind is the use or possession of any thing
without the property, or power of alienating it, or pledges detained
by the creditors till payment be made. There is a third signification,
which implies the power of demanding what is due, to which the
obligation upon the party indebted, to discharge what is owing,
corresponds.
VI. Right, strictly taken, is again twofold, the one, PRIVATE,
established for the advantage of each individual, the other, SUPERIOR,
as involving the claims, which the state has upon individuals, and
their property, for the public good. Thus the Regal authority is above
that of a father and a master, and the Sovereign has a greater right
over the property of his subjects, where the public good is concerned,
than the owners themselves have. And when the exigencies of the state
require a supply, every man is more obliged to contribute towards it,
than to satisfy his creditors.
VII. Aristotle distinguishes aptitude or capacity, by the name of worth
or merit, and Michael of Ephesus, gives the epithet of SUITABLE or
BECOMING to the equality established by this rule of merit.
IX.[1] There is also a third signification of the word Right, which
has the same meaning as Law taken in its most extensive sense, to
denote a rule of moral action, obliging us to do what is proper. We
say OBLIGING us. For the best counsels or precepts, if they lay us
under no obligation to obey them, cannot come under the denomination
of law or right. Now as to permission,[2] it is no act of the law,
but only the silence of the law, it however prohibits any one from
impeding another in doing what the law permits. But we have said, the
law obliges us to do what is proper, not simply what is just; because,
under this notion, right belongs to the substance not only of justice,
as we have explained it, but of all other virtues. Yet from giving the
name of a RIGHT to that, which is PROPER, a more general acceptation
of the word justice has been derived. The best division of right, in
this general meaning, is to be found in Aristotle, who, defining one
kind to be natural, and the other voluntary, calls it a LAWFUL RIGHT
in the strictest sense of the word law; and some times an instituted
right. The same difference is found among the Hebrews, who, by way of
distinction, in speaking, call that natural right, PRECEPTS, and the
voluntary right, STATUTES: the former of which the Septuagint call
δικαιώματα {dikaiômata}, and the latter ἐντολας {entolas}.
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