International law; Natural law; War (International law)
Xenophon says, that every animal knows a certain method of fighting
without any other instructor than nature. In a fragment of Ovid's,
called the Art of Fishery, it is remarked, that all animals know their
enemy and his means of defence, and the strength and measure of their
own weapons. Horace has said, "the wolf attacks with its teeth, the
bull with its horns, and whence is this knowledge derived but from
instinct?" On this subject Lucretius enlarges, observing that "every
creature knows its own powers. The calf butts with its forehead,
before its horns appear, and strikes with all imaginable fury." On
which Galen expresses himself in the following manner, "every animal
appears to defend itself with that part of its body, in which it excels
others. The calf butts with its head before its horns have grown, and
the colt strikes with its heel before its hoofs are hard, as the young
dog attempts to bite before his teeth are strong." The same writer in
describing the use of different parts of the body, says, "that man is
a creature formed for peace and war. His armour forms not an immediate
part of his body; but he has hands fit for preparing and handling arms,
and we see infants using them spontaneously, without being taught to
do so." Aristotle in the 4th book, and tenth chapter of the history of
animals, says, "that the hand serves man for a spear, a sword, or any
arms whatever, because it can hold and wield them." Now right reason
and the nature of society which claims the second, and indeed more
important place in this inquiry, prohibit not all force, but only that
which is repugnant to society, by depriving another of his right. For
the end of society is to form a common and united aid to preserve to
every one his own. Which may easily be understood to have obtained,
before what is now called property was introduced. For the free use of
life and limbs was so much the right of every one, that it could not
be infringed or attacked without injustice. So the use of the common
productions of nature was the right of the first occupier, and for any
one to rob him of that was manifest injustice. This may be more easily
understood, since law and custom have established property under its
present form. Tully has expressed this in the third book of his Offices
in the following words, "if every member could have separate feeling,
and imagine it could derive vigour from engrossing the strength of
a neighboring part of the body, the whole frame would languish and
perish. In the same manner if every one of us, for his own advantage,
might rob another of what he pleased, there would be a total overthrow
of human society and intercourse. For though it is allowed by nature
for every one to give the preference to himself before another in
the enjoyment of life and necessaries, yet she does not permit us to
increase our means and riches by the spoils of others." It is not
therefore contrary to the nature of society to provide and consult for
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