International law; Natural law; War (International law)
But as before the deluge, in the time of the Giants, the practice of
frequent and wanton murders had prevailed; upon the renewal of the
human race, after the deluge, that the same evil custom might not be
established, God thought proper to restrain it by severer means. The
lenity of former ages was laid aside, and the divine authority gave
a sanction to the precepts of natural justice, that whoever killed a
murderer should be innocent. After tribunals were erected, the power
over life was, for the very best reasons, conferred upon the judges
alone. Still some traces of ancient manners remained in the right which
was granted, after the introduction of the Mosaic Law, to the nearest
in blood to the person killed.
This interpretation is justified by the authority of Abraham, who, with
a perfect knowledge of the law given to Noah, took arms against the
four Kings, fully persuaded that he was doing nothing in violation of
that law. In the same manner Moses ordered the people to fight against
Amalekites, who attacked them; following in this case the dictates
of nature, for he appears to have had no special communication with
God. Exod. xvii. 9. Besides, we find that capital punishments were
inflicted upon other criminals, as well as murderers, not only among
the Gentiles, but among those who had been impressed with the most
pious rules and opinions, even the Patriarchs themselves. Gen. xxxviii.
24.
Indeed upon comparing the divine will with the light of nature, it was
concluded, that it seemed conformable to justice, that other crimes
of great enormity should be subject to the same punishment as that
of murder. For there are some rights, such as those of reputation,
chastity, conjugal fidelity, submission of subjects to their princes,
all of which are esteemed of equal value with life itself, because on
the preservation of these the peace and comfort of life depend. The
violation of any of those rights is little less than murder itself.
Public-domain text, read in full here on John Shaqi.
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