International law; Natural law; War (International law)
The opinion of those can never be assented to, who say that the power
of the Dictator was not sovereign, because it was not permanent. For in
the moral world the nature of things is known from their operations.
The powers attended with equal effects are entitled to equal names.
Now the Dictator for the time being performed all acts with the same
authority as the most absolute sovereign; nor could any other power
annul his acts. The permanence therefore of uncertainty alters not the
nature of a right, although it would undoubtedly abridge its dignity,
and diminish its splendour.[14]
BOOK II.
CHAPTER I.
DEFENCE OF PERSON AND PROPERTY.
Causes of War--Defence of person and property--What are called
justifiable causes of war--Justifiable causes of War are
Defence, recovery of one's property or debt, or the punishment
of offences committed--War for defence of life, justifiable, and
lawful--This kind of war lawful against an aggressor only--The
danger must be present and real, not an imaginary danger--Lawful
to kill any one attempting to maim one's person, or violate one's
chastity--Occasions where this right may be lawfully waved--This
right to be waved particularly with respect to the person of the
Sovereign, which is sacred and inviolable--Homicide in defence of
one's property allowed by the law of nature--How far homicide is
permitted by the law of Moses--Self-defence in public war--Not
lawful to attack any power solely on account of its increasing
greatness--The hostile measures of an aggressor, not to be
justified on the plea of self-defence.
I. The causes of war by which are meant the justifiable causes, are
now to be considered. For in some cases motives of interest operate
distinctly from motives of justice. Polybius accurately distinguishes
these motives from each other, and from the beginning of the war, or
that which gave occasion to the first acts of hostility; as was the
case when Ascanius wounded the stag, which gave rise to the war between
Turnus and Aeneas. But though there is an actual distinction between
the justifiable causes, the pretexts, and the beginning of war; yet
the terms used to express them are often confounded. For what we call
justifiable causes, Livy, in the speech which he has put into the mouth
of the Rhodians, calls beginnings. The Rhodian deputies said, "You
Romans profess to believe that your wars are successful, because they
are just; nor do you boast so much of their victorious issue, as of
the just principles, upon which you make them." In which sense Aelian
styles them ἀρχας πολεμων {archas polemôn} and Diodorus Siculus,
in speaking of the war of the Lacedaemonians against the Eleans gives
them the name of προφασεις {prophaseis} and ἀρχας {archas}.
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