International law; Natural law; War (International law)
III. The Athenians had a method somewhat like this of seeking redress,
which they called ἀνδροληψια {androlêpsia}, a seizure of men's persons,
which was laid down in the Attic law in the following terms, "if any
one has been murdered in a foreign country, the nearest relatives
of the deceased are authorized to seize any three subjects of that
country, but not more than three, till the perpetrators of the deed be
punished, or at least delivered up to the hands of justice for that
purpose."
In this case we find that the personal liberty of subjects, which may
be considered as a kind of incorporeal right, including the right of
residing where they please, or doing whatever they may think proper, is
made answerable for the debt of the state, who is bound to punish the
criminal acts of her subjects: so that the subject suffers constraint,
till the state has discharged the debt, which it is bound to pay; and
by the payment of this debt is meant the punishment of the guilty. For
although the Egyptians, as we learn from Diodorus Siculus, maintained
that neither the person, nor liberty of any one ought to be bound or
constrained for a debt, there is nothing in it repugnant to the law
of nature, and by the practice not only of the Greeks, but of other
nations, the opposite opinion seems to have been established.
Aristocrates, who was contemporary with Demosthenes had made a motion
for a decree, that if any one killed Charidemus, it might be lawful
to seize him, wherever he was to be found, and that any one, who
attempted to rescue that person, should be deemed an enemy. Demosthenes
finds fault with many parts of this decree. For in the first place,
Aristocrates had omitted making a proper distinction between murder and
a lawful putting to death, the latter of which is an act of justice:
in the next place, he has said nothing of bringing the person to a
regular trial: besides, it was not the persons, among whom the murder
had been committed, but those who afterwards received the murderer,
that were to be declared enemies. Demosthenes says, that "the regular
law prescribes, that if the persons in whose district a murder has
been committed, neither punish, nor deliver up the perpetrator of the
crime, three of their people shall be liable to be seized. But this
decree, allowing the persons in whose district it has been committed to
escape with impunity, not even naming THEM, passes sentence upon those,
who in conformity to the common laws of humanity have received the
fugitive, if they do not deliver him up, which would be a breach of the
protection due to a suppliant."
Public-domain text, read in full here on John Shaqi.
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