International law; Natural law; War (International law)
Cicero, in his first book of offices, says we do not talk of the
justice of horses or lions. In conformity to which, Plutarch, in the
life of Cato the elder, observes, that we are formed by nature to use
law and justice towards men only. In addition to the above, Lactantius
may be cited, who, in his fifth book, says that in all animals devoid
of reason we see a natural bias of self-love. For they hurt others
to benefit themselves; because they do not know the evil of doing
wilful hurt. But it is not so with man, who, possessing the knowledge
of good and evil, refrains, even with inconvenience to himself,
from doing hurt. Polybius, relating the manner in which men first
entered into society, concludes, that the injuries done to parents or
benefactors inevitably provoke the indignation of mankind, giving an
additional reason, that as understanding and reflection form the great
difference between men and other animals, it is evident they cannot
transgress the bounds of that difference like other animals, without
exciting universal abhorrence of their conduct. But if ever justice is
attributed to brutes, it is done improperly, from some shadow and trace
of reason they may possess. But it is not material to the nature of
right, whether the actions appointed by the law of nature, such as the
care of our offspring, are common to us with other animals or not, or,
like the worship of God, are peculiar to man.
XII. The existence of the Law of Nature is proved by two kinds of
argument, _a priori_, and _a posteriori_, the former a more abstruse,
and the latter a more popular method of proof. We are said to reason _a
priori_, when we show the agreement or disagreement of any thing with a
reasonable and social nature; but _a posteriori_, when without absolute
proof, but only upon probability, any thing is inferred to accord with
the law of nature, because it is received as such among all, or at
least the more civilized nations. For a general effect can only arise
from a general cause. Now scarce any other cause can be assigned for so
general an opinion, but the common sense, as it is called, of mankind.
There is a sentence of Hesiod that has been much praised, that opinions
which have prevailed amongst many nations, must have some foundation.
Heraclitus, establishing common reason as the best criterion of truth,
says, those things are certain which generally appear so. Among other
authorities, we may quote Aristotle, who says it is a strong proof
in our favour, when all appear to agree with what we say, and Cicero
maintains that the consent of all nations in any case is to be admitted
for the law of nature. Seneca is of the same opinion, any thing, says
he, appearing the same to all men is a proof of its truth. Quintilian
says, we hold those things to be true, in which all men agree. We have
called them the more civilized nations, and not without reason. For,
as Porphyry well observes, some nations are so strange that no fair
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account