International law; Natural law; War (International law)
II. In the first place, as it has occasionally been observed, the means
employed in the pursuit of any object must, in a great degree, derive
the complexion of their moral character from the nature of the end to
which they lead. It is evident therefore that we may justly avail
ourselves of those means, provided they be lawful, which are necessary
to the attainment of any right. RIGHT in this place means what is
strictly so called, signifying the moral power of action, which any one
as a member of society possesses. On which account, a person, if he has
no other means of saving his life, is justified in using any forcible
means of repelling an attack, though he who makes it, as for instance,
a soldier in battle, in doing so, is guilty of no crime. For this is a
right resulting not properly from the crime of another, but from the
privilege of self-defence, which nature grants to every one. Besides,
if any one has SURE and UNDOUBTED grounds to apprehend imminent danger
from any thing belonging to another, he may seize it without any regard
to the guilt or innocence of that owner. Yet he does not by that
seizure become the proprietor of it. For that is not necessary to the
end he has in view. He may DETAIN it as a precautionary measure, till
he can obtain satisfactory assurance of security.
Upon the same principle any one has a natural right to seize what
belongs to him, and is unlawfully detained by another: or, if that is
impracticable, he may seize something of equal value, which is nearly
the same as recovering a debt. Recoveries of this kind establish a
property in the things so reclaimed; which is the only method of
restoring the equality and repairing the breaches of violated justice.
So too when punishment is lawful and just, all the means absolutely
necessary to enforce its execution are also lawful and just, and every
act that forms a part of the punishment, such as destroying an enemy's
property and country by fire or any other way, falls within the limits
of justice proportionable to the offence.
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