International law; Natural law; War (International law)
No conclusion can be drawn from hence, except that a citizen is not
bound to this by any RIGHT STRICTLY SO CALLED, while at the same time
the law of charity will not suffer him to act otherwise. For there are
many duties not properly included in the idea of strict justice. These
are regarded as acts of good will, the performance of which is not only
crowned with praise, but the omission of them cannot escape censure.
Such is the complexion of the following maxim, that every one should
prefer the lives of an innumerable and innocent multitude to his own
personal and private welfare. Cicero, in defending Publius Sextius,
says, "If I were taking a voyage with my friends, and happening to
meet with a fleet of pirates, they threatened to sink our little bark,
unless the crew surrendered me as the victim to appease their fury,
I would sooner throw myself into the deep, than suffer my companions
out of their affection to me to encounter sure death, or even imminent
danger."
But after establishing this point, there remains a doubt, whether any
one can be COMPELLED to do what he is BOUND to do. Sotus denies this,
and in support of his argument quotes the case of a rich man, who,
though bound from motives of charity to supply the wants of the needy,
cannot be compelled to do so. But the transactions of equals with each
other, must be regulated upon principles very different from those
that regulate the mutual relations of sovereigns and subjects. For an
equal cannot compel an equal to the performance of any thing, but what
he is strictly bound by law to perform. But a superior may compel an
inferior to the performance of OTHER duties besides those of PERFECT
OBLIGATIONS; for that is a right peculiarly and essentially belonging
to the nature of superiority. Therefore certain legislative provisions
may be made, enacting the performance of such duties, as seem to
partake of the nature of benevolence. Phocion, as it is mentioned in
Plutarch's lives, said that the persons, whom Alexander demanded, had
reduced the commonwealth to such distress, that if he demanded even his
dearest friend Nicocles, he should vote for delivering him up.
Public-domain text, read in full here on John Shaqi.
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