International law; Natural law; War (International law)
ourselves, if another's right is not injured; the force therefore,
which inviolably abstains from touching the rights of others, is not
unjust. For as the same Cicero observes some where in his Epistles,
that as there are two modes of contending, the one by argument, and the
other by force, and as the former is peculiar to man, and the latter
common to him with the brute creation, we must have recourse to the
latter, when it is impossible to use the former. And again, what can be
opposed to force, but force? Ulpian observes that Cassius says, it is
lawful to repel force by force, and it is a right apparently provided
by nature to repel arms with arms, with whom Ovid agrees, observing
that the laws permit us to take up arms against those that bear them.
II. The observation that all war is not repugnant to the law of nature,
may be more amply proved from sacred history. For when Abraham with his
servants and confederates had gained a victory, by force of arms, over
the four Kings, who had plundered Sodom, God approved of his act by
the mouth of his priest Melchisedech, who said to him, "Blessed be the
most high God, who hath delivered thine enemies into thine hand." Gen.
xiv. 20. Now Abraham had taken up arms, as appears from the history,
without any special command from God. But this man, no less eminent for
sanctity than wisdom, felt himself authorized by the law of nature,
as it is admitted by the evidence of Berosus, and Orpheus, who were
strangers.
There is no occasion to appeal to the history of the seven nations,
whom God delivered up into the hands of the Israelites to be destroyed.
For there was a special command to execute the judgment of God upon
nations guilty of the greatest crimes. From whence these wars are
literally styled in scripture, Battles of the Lord, as undertaken, not
by human will, but by divine appointment. The xvii. chapter of Exodus
supplies a passage more to the purpose, relating the overthrow which
the Israelites, conducted by Moses and Joshua, made of the Amalekites.
In this act, there was no express commission from God, but only an
approval after it was done. But in the xix. chap. of Deut. ver. 10,
15. God has prescribed general and standing laws to his people on
the manner of making war, by this circumstance shewing that a war
may be just without any express commandment from him. Because in the
same passage, a plain distinction is made between the case of the
seven nations and that of others. And as there is no special edict
prescribing the just causes for which war may be undertaken, the
determination of them is left to the discovery of natural reason. Of
this kind is the war of Jephthah against the Ammonites, in defence of
their borders. Jud. xi. and the war of David against the same people
for having violated the rights of his Ambassadors. 2 Sam. x. To the
preceding observations may be added, what the inspired writer of the
Epistle to the Hebrews says of Gideon, Barack, Sampson, Jephthah,
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