International law; Natural law; War (International law)
II. A state, though it may commit some act of aggression, or injustice,
does not thereby lose its political capacity, nor can a band of pirates
or robbers ever become a state, although they may preserve among
themselves that degree of subordination, which is absolutely necessary
to the subsistence of all society. For with the latter, the commission
of crime is the SOLE bond of union, whereas the former, though not
always free from blame, but occasionally deviating from the laws of
nature, which in many cases have been in a great measure obliterated,
still regulate their conduct by the treaties, which they have made,
and certain customs that have been established, being united among
themselves for the mutual support of lawful rights, and connected with
foreign states by known rules of standing polity.
The Scholiast, upon Thucydides, remarks that the Greeks, at the time
when piracy was reckoned lawful, forebore committing massacres, or
nightly depredations, and carrying off the oxen that were necessary
for the plough. We are informed by Strabo, that other nations too, who
lived by plunder, after they had returned home from their predatory
voyages, sent messages to the owners, whom they had plundered, to know
if they would redeem the captures at a fair price.
In morals, the whole system often derives its name from some one of the
principal parts, as Cicero remarks, in the fifth book of his BOUNDS
of GOOD and EVIL, and Galen observes that a mixture is often called
by the name of its chief ingredient. So that Cicero is not altogether
correct in saying, that a state is not merely diseased, but entirely
destroyed, by the injustice of its component and leading members. For a
morbid body is still a body, and a state, though dreadfully diseased,
is still a political being, as long as its laws and tribunals and other
necessary parts of its constitution remain, to administer justice and
give redress to foreigners, no less than to private subjects in their
actions against each other.
There is a beautiful observation in Dion Chrysostom, who compares the
law of a state, particularly that branch of it relating to the law of
nations, to the body animated by the soul, upon the departure of which
the corporeal frame becomes a mass of lifeless clay: in the same manner
political society cannot subsist without the guiding and controuling
principle of law. Aristides, encouraging the Rhodians to harmony,
observes, that even under a tyrannical government many good laws may be
found.
Public-domain text, read in full here on John Shaqi.
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