International law; Natural law; War (International law)
David, Samuel, and others, who by faith made war upon kingdoms,
prevailed in war and put whole armies of their enemies to flight. Heb.
xi. 33, 34. The whole tenor of this passage shews, that the word faith
implies a persuasion, that what they did was believed to be agreeable
to the will of God. In the same manner, David is said, by a woman
distinguished for her wisdom, 1 Sam. xxv. 28. to fight the battles of
the Lord, that is to make lawful and just wars.
III. Proofs of what has been advanced, may be drawn also from the
consent of all, especially, of the wisest nations. There is a
celebrated passage in Cicero's speech for Milo, in which, justifying
recourse to force in defence of life, he bears ample testimony to the
feelings of nature, who has given us this law, which is not written,
but innate, which we have not received by instruction, hearing or
reading, but the elements of it have been engraven in our hearts
and minds with her own hand: a law which is not the effect of habit
and acquirement, but forms a part in the original complexion of our
frame: so that if our lives are threatened with assassination or open
violence from the hands of robbers or enemies, ANY means of defence
would be allowed and laudable. He proceeds, reason has taught this to
the learned, necessity to the barbarians, custom to nations, and nature
herself to wild beasts, to use every possible means of repelling force
offered to their bodies, their limbs and their lives. Caius and Lawyer
says, natural reason permits us to defend ourselves against dangers.
And Florentinus, another legal authority, maintains, that whatever any
one does in defence of his person ought to be esteemed right. Josephus
observes, that the love of life is a law of nature strongly implanted
in all creatures, and therefore we look upon those as enemies, who
would openly deprive us of it.
This principle is founded on reasons of equity, so evident, that
even in the brute creation, who have no idea of right, we make a
distinction between attack and defence. For when Ulpian had said,
that an animal without knowledge, that is without the use of reason,
could not possibly do wrong, he immediately adds, that when two animals
fight, if one kills the other, the distinction of Quintius Mutius
must be admitted, that if the aggressor were killed no damages could
be recovered; but if the other, which was attacked, an action might
be maintained. There is a passage in Pliny, which will serve for an
explanation of this, he says that the fiercest lions do not fight with
each other, nor do serpents bite serpents. But if any violence is done
to the tamest of them, they are roused, and upon receiving any hurt,
will defend themselves with the greatest alacrity and vigour.
Public-domain text, read in full here on John Shaqi.
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