International law; Natural law; War (International law)
highest authority, and that is, whether stratagem ought to be ranked as
one of those evils, which are prohibited under the maxim OF NOT DOING
EVIL, THAT GOOD MAY ENSUE, or to be reckoned as one of those actions,
which, though evil IN THEMSELVES, may be so modified by particular
occasions, as to lose their criminality in consideration of the good,
to which they lead.
VII. There is one kind of stratagem, it is proper to remark, of a
negative, and another of a positive kind. The word stratagem, upon the
authority of Labeo, taken in a negative sense, includes such actions,
as have nothing criminal in them, though calculated to deceive, where
any one, for instance, uses a degree of dissimulation or concealment,
in order to defend his own property or that of others.[58] So that
undoubtedly there is something of harshness in the opinion of Cicero,
who says there is no scene of life, that will allow either simulation,
or dissimulation to be practised. For as you are not bound to disclose
to others all that you either know or intend; it follows that, on
certain occasions, some acts of dissimulation, that is, of concealment
may be lawful. This is a talent, which Cicero, in many parts of his
writings, acknowledges that it is absolutely necessary for statesmen
to possess. The history of Jeremiah, in the xxxviiith chapter of his
prophecy, furnishes a remarkable instance of this kind. For when that
prophet was interrogated by the king, respecting the event of the
siege, he prudently, in compliance with the king's orders, concealed
the real matter from the nobles, assigning a different, though not a
false reason for the conference, which he had had. In the same manner,
Abraham called Sarah, his sister, an appellation used familiarly
at that time to denote a near relation by blood, concealing the
circumstance of her being his wife.
VIII. A stratagem of a positive kind, when practised in actions, is
called a feint, and when used in conversation it receives the name of
a lie or falsehood. A distinction is made by some, between these two
kinds of stratagems, who say, that words are signs of our ideas, but
actions are not so. But there is more of truth in the opposite opinion,
that words of themselves unaccompanied by the intention of the speaker,
signify nothing more than the inarticulate cries would do of any one
labouring under grief, or any other passion: which sounds come under
the denomination of actions, rather than of speech. But should it be
said that being able to convey to others the conceptions of his mind,
by words adapted to the purpose, is a peculiar gift of nature, by which
man is distinguished from other parts of the animated creation, the
truth of this cannot be denied.
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