International law; Natural law; War (International law)
XVII. Since then the law given by Moses imposes no direct obligation
upon us, as it has been already shown, let us consider whether it
has any other use both in this inquiry into the rights of war, and
in other questions of the same kind. In the first place, the Mosaic
law shows that what it enjoins is not contrary to the law of nature.
For since the law of nature is perpetual and unchangeable, nothing
contradictory to it could be commanded by God, who is never unjust.
Besides the law of Moses is called in the xix. Psalm an undefiled
and right law, and St. Paul, Rom. vii. 12, describes it to be holy,
just, and good. Its precepts are here spoken of, for its permissions
require a more distinct discussion. For the bare permission, signifying
the removal of an impediment, or prohibition, has no relation to the
present subject. A positive, legal permission is either full, granting
us power to do some particular act without the least restriction,
or less full, only allowing men impunity for certain actions, and a
right to do them without molestation from others. From the permission
of the former kind no less than from a positive precept, it follows
that what the law allows, is not contrary to the law of nature.[4]
But with regard to the latter kind of permission, allowing impunity
for certain acts, but not expressly authorizing them, we cannot so
readily conclude those acts to be conformable to the law of nature.[5]
Because where the words of permission are ambiguous in their meaning,
it is better for us to interpret according to the established law of
nature, what kind of permission it is, than from our conception of its
expediency to conclude it conformable to the laws of nature. Connected
with this first observation there is another, expressive of the power
that obtains among Christian Princes to enact laws of the same import
with those given by Moses, except such as related entirely to the time
of the expected Messiah, and the Gospel then unrevealed, or where
Christ himself has in a general or particular manner established any
thing to the contrary. For except in these three cases, no reason can
be devised, why any thing established by the law of Moses should be
now unlawful. In the third place it may be observed, that whatever
the law of Moses enjoined relating to those virtues, which Christ
required of his disciples, should be fulfilled by Christians now, in
a greater degree, from their superior knowledge, and higher motives.
Thus the virtues of humility, patience, and charity are required of
Christians in a more perfect manner than of the Jews under the Mosaic
dispensation, because the promises of heaven are more clearly laid
before us in the Gospel. Hence the old law, when compared with the
Gospel, is said to have been neither perfect nor faultless, and Christ
is said to be the end of the law, and the law our schoolmaster to bring
us to Christ. Thus the old law respecting the Sabbath, and the law
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