International law; Natural law; War (International law)
XX. Some nations and individuals indeed have rejected the use of those
stratagems, which even the law of nature allows to be employed as a
means of self-defence against an enemy. But they did so, not from any
opinion of their unlawfulness, but from a noble loftiness of mind,
and from a confidence in their own strength. Aelian has preserved
a saying of Pythagoras, "that there are two things, in which man
approaches nearest to God, in always speaking the truth, and doing good
to others." Aristotle, somewhere in his Ethics, calls speaking truth,
the freedom of a great soul, and Plutarch says, that falsehood is the
qualification of a slave. But an adherence to truth, in simplicity of
heart, is not the only duty required of Christians, in this respect,
they are commanded to abstain from all vain discourse, as having for
their example him, in whose mouth there was found no guile.
XXI. With respect to the actions of men, there is another rule which
may properly come under this head, and that is, the unlawfulness of
urging or persuading any one to do an unlawful act. For instance, no
subject has a right to lift his hand against his sovereign, to deliver
up a town without public authority, or to despoil his neighbour of his
goods. It would be unlawful then to encourage the subject of an enemy,
as long as he continues his subject, to do any of these acts. For the
person, who urges another to do a wicked act, makes himself a partner
in his guilt. Nor can it be received as a just answer, that urging
a subject to the perpetration of such a deed is nothing more than
employing the lawful means of destroying an enemy. For though it may
be necessary and just to destroy him, if possible, yet that is not the
way, in which it should be done. Augustin has well observed, that it
makes no difference whether any one should commit a crime himself, or
employ another as his instrument.
But employing the spontaneous offers of a deserter is not contrary to
the laws of war, and is a very different action from that of seducing a
subject from his allegiance.
[Illustration: _WAR AND PEACE_
_This is a frontispiece to a Latin edition of Grotius' De Jure Belli
ac Pacis, published at Amsterdam in 1670. It is intended to be
symbolical of War and Peace acting under the direction Justice,
these three figures forming the central group._
]
CHAPTER II.
IN WHAT MANNER THE LAW OF NATIONS RENDERS THE PROPERTY OF SUBJECTS
ANSWERABLE FOR THE DEBTS OF SOVEREIGNS. THE NATURE OF REPRISALS.
No one but an heir bound by the act of another--Property of subjects
answerable for the debts of sovereigns, according to the law
of Nations--Capture of persons and property after satisfaction
refused by the aggressor--Reprisals--Personal safety of
subjects--Distinction made by the law of Nations in this respect.
Public-domain text, read in full here on John Shaqi.
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