International law; Natural law; War (International law)
Here may be applied the old tradition found among the Jews, that there
were many laws, which were not ALL mentioned by Moses, given by God
to the sons of Noah; as it was sufficient for his purpose, that they
should afterwards be comprehended in the peculiar laws of the Hebrews.
Thus it appears from xviii. chap. of Leviticus, that there was an
ancient law against incestuous marriages, though not mentioned by Moses
in its proper place. Now among the commandments given by God to the
children of Noah, it is said, that death was expressly declared to
be the punishment not only for murder, but for adultery, incest, and
robbery, which is confirmed by the words of Job xxxi. 11. The law of
Moses too, for the sanction of capital punishments, gives reasons which
operate no less with other nations, than with the Jewish people. Levit.
xviii. 25-30. Psa. ci. 5. Prov. xx. 8. And particularly respecting
murder it is said, the land cannot be cleansed unless the blood of the
murderer be shed. Numb. xxv. 31-33. Besides, it were absurd to suppose
that the Jewish people were indulged with the privilege of maintaining
the public safety, and that of individuals by capital punishments, and
asserting their rights by war, and that other kings and nations were
not allowed the same powers. Nor do we find that those kings or nations
were forewarned by the Prophets, that the use of capital punishments,
and that all wars, were condemned by God in the same manner as they
were admonished of all other sins. On the other hand, can any one
doubt, as the law of Moses bore such an express image of the divine
will respecting criminal justice, whether other nations would not have
acted wisely in adopting it for their example? It is certain that the
Greeks, and the Athenians in particular did so. From hence came the
close resemblance which the Jewish bore to the old Athenian law, and
to that of the twelve tables of Rome. Enough has been said, to shew
that the law given to Noah cannot bear the interpretation of those, who
derive from it their arguments against the lawfulness of all war.
Public-domain text, read in full here on John Shaqi.
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