International law; Natural law; War (International law)
Neither the law of Moses, nor that given to Noah established any thing
new, they were only a declaratory repetition of the law of nature, that
had been obliterated by depraved custom. So that the shedding of blood
in a criminal and wanton manner is the only act prohibited by those
commandments. Thus every act of homicide does not amount to murder, but
only that, which is committed with a wilful and malicious intention to
destroy the life of an innocent person. As to what follows about blood
being shed in return for blood, it seems to imply not a mere act of
personal revenge, but the deliberate exercise of a perfect right, which
may be thus explained; it is not unjust, according to the principles
of nature that any one should suffer in proportion to the evil he has
done, conformably to the judicial maxim of Rhadamanthus, that if any
one himself suffers what he has done, it is but just and right. The
same opinion is thus expressed by Seneca the father; "it is but a just
retaliation for any one to suffer in his own person the evil which
he intended to inflict upon another." From a sense of this natural
justice, Cain knowing himself guilty of his brother's blood said,
"whosoever finds me shall kill me."
But as in those early times, when men were few, and aggressions rare,
there was less occasion for examples, God restrained by an express
commandment the impulse of nature which appeared lawful, he forbad any
one to kill the murderer, at the same time prohibiting all intercourse
with him, even so far as not to touch him.[6]
Plato has established this in his laws, and the same rule prevailed
in Greece, as appears from the following passage in Euripides, "our
fathers of old did well in banishing from their intercourse and sight
any one that had shed another's blood; imposing banishment by way of
atonement, rather than inflicting death." We find Thucydides of the
same opinion, "that anciently lighter punishments were inflicted for
the greatest crimes; but in process of time, as those penalties came
to be despised, legislators were obliged to have recourse to death
in certain cases." We may add to the above instances the remark of
Lactantius, that as yet it appeared a sin to punish even the most
wicked men with death.
The conjecture of the divine will taken from the remarkable instance
of Cain, whom no one was permitted to kill passed into a law, so that
Lanech, having perpetrated a similar deed, promised himself impunity
from this example.--Gen. iv. 24.
Public-domain text, read in full here on John Shaqi.
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