International law; Natural law; War (International law)
V. It is generally understood that recourse may be had to this method
of redress not only against a foreign aggressor, but also against a
debtor, if justice cannot be obtained in due time: but in NOTORIOUS
cases, which admit of no doubt, this right may be enforced even beyond
the strict letter of the law. For even in DOUBTFUL matters, the
presumption will always be in favour of judges appointed by public
authority. For it is unlikely that they should GREATLY, or WANTONLY
exceed their power; especially when, if so inclined, they have not the
same means of enforcing their decrees against foreigners, as against
their fellow subjects. Indeed even in disputes between subjects of
the same country, they cannot annul a just debt. PAULUS, the Lawyer,
says that a REAL DEBTOR, though discharged, owing to some informality
or inability of the law to enforce payment, still remains a debtor
according to the law of nature.
And when, in consequence of a judicial sentence, a creditor, under
pretext of seizing his own property, had taken from a debtor something
which did not belong to him though it was in his possession: upon the
discharge of the debt, a doubt arising whether the thing should be
restored to the debtor, Scaevola maintained that it certainly ought to
be restored.
There is a difference between the two cases. For subjects, AS SUCH,
cannot make any violent resistance to the execution of a sentence,
which they may not deem satisfactory, nor can they prosecute any right
in opposition to the law. FOREIGNERS may use violent means to enforce a
right: tho' they are not justified in using such means, while there is
any possibility of obtaining redress in a legal, and peaceable manner.
It is on such grounds that reprisals are made upon the persons and
property of the subjects, belonging to a power, who refuses to grant
redress and reparation for injuries and aggressions. It is a practice
not literally enacted by the law of nature, but generally received
through custom. It is a practice too of the greatest antiquity: for in
the eleventh book of the Iliad, we find Nestor giving an account of
the reprisals, which he had made upon the Epeian nation, from whom he
took a great number of cattle, as a satisfaction for a prize which his
father Neleus had won at the Elian games; and for debts due to many
private subjects of the Pylian kingdom. Out of this booty the king
having selected his own due, equitably divided the rest among the other
creditors.
Public-domain text, read in full here on John Shaqi.
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