International law; Natural law; War (International law)
XIV. In the third place, whenever it is certain that the person, on
whom a deception is practised, discovers that the intent of it was to
do him a service; he will not feel it as a grievance, nor can it come
under the strict denomination of a lie or falsehood. It will be no
more an INJURY, than it would be a THEFT in any one, presuming upon an
owner's consent, to take something belonging to that owner, in order
to convert it to his use in a very beneficial way. For in cases of
notorious certainty, a PRESUMPTION may be taken for express consent.
But it is evident that no man would CONSENT to receive an INJURY.
From hence it appears, that a person is guilty of no treachery, who
uses unfounded or fictitious motives to console a friend in distress,
as Arria did to Paetus upon the death of his son, of which there is
an account in Pliny's Epistles, or in a general, who in a perilous
situation should avail himself of false intelligence, to encourage his
troops, by which perhaps a victory might be gained.
It may be observed likewise, that the injury done to the freedom of
judgment is, in such a case, of less consequence, because it is but
momentary, and the real fact is soon discovered.
XV. There is a fourth case, which bears a near affinity to those
above mentioned, and that is, when any one, possessing pre-eminent
authority, orders another, in a subordinate capacity, to execute some
device or stratagem, conducive either to his individual, or to the
public welfare. Which Plato seems to have had particularly in view,
in allowing those in authority to avail themselves of pretexts, or
stratagems. The same writer is very correct in his notion of not making
such a device a characteristic of that authority, which belongs to the
supreme being. For all such devices, however justifiable they may be in
CERTAIN CASES, strongly betray that imperfection, which is inseparable
from all human systems.
The stratagem, which Joseph employed to obtain further discoveries
without making himself known to his brethren, is much commended by
Philo, as a mark of great policy, when, contrary to the convictions
and feelings of his own mind, he accused them of being spies, and
afterwards charged them with theft. It was by a stratagem of the same
kind, that Solomon gave proof of his inspired wisdom, when he used the
FICTITIOUS threat of dividing the living child in order to discover the
real mother.
XVI. The fifth case, which allows a stratagem to be practised, is
that, where it may be the ONLY means of saving the life of an innocent
person, of obtaining some object of equal importance, or of diverting
another from the perpetration of some horrid design. The heathen
poet has given a beautiful illustration of this in his praises of
Hypermnestra, whose conduct he calls "a splendid stratagem, ennobling
the virgin to all posterity."
Public-domain text, read in full here on John Shaqi.
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