International law; Natural law; War (International law)
Now the Law of Nature is so unalterable, that it cannot be changed even
by God himself. For although the power of God is infinite, yet there
are some things, to which it does not extend. Because the things so
expressed would have no true meaning, but imply a contradiction. Thus
two and two must make four, nor is it possible to be otherwise; nor,
again, can what is really evil not be evil. And this is Aristotle's
meaning, when he says, that some things are no sooner named, than we
discover their evil nature. For as the substance of things in their
nature and existence depends upon nothing but themselves; so there
are qualities inseparably connected with their being and essence. Of
this kind is the evil of certain actions, compared with the nature of
a reasonable being. Therefore God himself suffers his actions to be
judged by this rule, as may be seen in the xviiith chap. of Gen. 25.
Isa. v. 3. Ezek. xviii. 25. Jer. ii. 9. Mich. vi. 2. Rom. ii. 6., iii.
6. Yet it sometimes happens that, in those cases, which are decided by
the law of nature, the undiscerning are imposed upon by an appearance
of change. Whereas in reality there is no change in the unalterable
law of nature, but only in the things appointed by it, and which are
liable to variation. For example, if a creditor forgive me the debt,
which I owe him, I am no longer bound to pay it, not because the law of
nature has ceased to command the payment of a just debt, but because my
debt, by a release, has ceased to be a debt. On this topic, Arrian in
Epictetus argues rightly, that the borrowing of money is not the only
requisite to make a debt, but there must be the additional circumstance
of the loan remaining undischarged. Thus if God should command the
life, or property of any one to be taken away, the act would not
authorise murder or robbery, words which always include a crime. But
that cannot be murder or robbery, which is done by the express command
of Him, who is the sovereign Lord of our lives and of all things. There
are also some things allowed by the law of nature, not absolutely, but
according to a certain state of affairs. Thus, by the law of nature,
before property was introduced, every one had a right to the use of
whatever he found unoccupied; and, before laws were enacted, to avenge
his personal injuries by force.
XI. The distinction found in the books of the Roman Law, assigning
one unchangeable right to brutes in common with man, which in a more
limited sense they call the law of nature, and appropriating another to
men, which they frequently call the Law of Nations, is scarcely of any
real use. For no beings, except those that can form general maxims, are
capable of possessing a right, which Hesiod has placed in a clear point
of view, observing "that the supreme Being has appointed laws for men;
but permitted wild beasts, fishes, and birds to devour each other for
food." For they have nothing like justice, the best gift, bestowed upon
men.
Public-domain text, read in full here on John Shaqi.
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