International law; Natural law; War (International law)
II. The grounds of war are as numerous as those of judicial actions.
For where the power of law ceases, there war begins. Now there are
methods in law to prevent intended injuries, as well as actions for
those actually committed. For CIVIL INJURIES various methods of
redress, or prevention are appointed by the law; and by the same
power securities are provided to prevent the commission of crimes and
misdemeanors. In civil cases, the party aggrieved may recover damages
for the injuries sustained; and in crimes, which are offences against
the public, the aggressor must submit to actual punishment. Plato, in
his ninth book on laws, very properly makes the same distinction, as
Homer had done before him.
Now reparation or indemnity relates to what either does or did belong
to us; which gives rise to real and personal actions. These ascertain
our right to the damages, which are our due, either from an agreement,
or from an injury received. A right which is termed in law a right by
contract, or injury. Crimes, which are offences against society, are
prosecuted by indictment, that is by an accusation in the name of the
sovereign.
The justifiable causes generally assigned for war are three, defence,
indemnity, and punishment, all which are comprised in the declaration
of Camillus against the Gauls, enumerating all things, which it is
right to defend, to recover, and the encroachment on which it is right
to punish.
There is an omission in this enumeration, unless the word recover be
taken in its most extensive sense. For recovering by war what we have
lost, includes indemnity for the past, as well as the prosecution of
our claim to a debt. Plato has not omitted to notice this distinction,
for he has said, "that wars are made to punish not only oppression or
robbery, but also fraud and deception." With whom Seneca agrees; for
to command payment of what you owe, he calls, "an equitable sentence,
stamped with the authority of the law of nations." Indeed the form
which was prescribed for the Roman heralds to use in declarations
of war, bears exactly the same import. For therein the aggressor is
charged with having neither given, paid, nor done what was due. Sallust
in one of his fragments, has made a Tribune, in his harangue to the
people, say, "As a final settlement of all discussions, I demand
restitution according to the law of nations."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account