International law; Natural law; War (International law)
Nor is the truth of this argument at all weakened by what Vasquez
has advanced, who maintains that the Sovereign who attempts the life
of an individual loses, in reality, the character of Sovereign: a
doctrine fraught with equal absurdity and danger. For sovereignty
cannot any more than property be forfeited by any particular act of
delinquency; unless it has been previously and expressly so enacted by
the fundamental laws of the state. For such a rule of forfeiture, which
would be productive of universal anarchy and confusion, never has been,
nor ever will be established among any civilized people. For the maxim,
"that all government is framed for the benefit of the subject and not
of the Sovereign," which Vasquez and many other writers lay down as a
fundamental law, though it may be generally true in theory, is by no
means applicable to the question. For a thing loses not its existence,
by losing some part of its utility. Nor is there sufficient consistency
in his observation, that every individual desires the safety of the
commonwealth on his own account, and therefore every one ought to
prefer his own safety to that of the whole state. For we wish for the
public welfare not on our own account alone, but also for the sake of
others.
The opinion of those who think that friendship arises from necessity
alone, is rejected as false, by the more sound Philosophers; as we feel
a spontaneous and natural inclination towards friendly intercourse.
Charity indeed often persuades, and in some instances commands us to
prefer the good of many to our own single advantage. To which the
following passage from Seneca is very applicable. "It is not surprising
that princes, and kings, or whatever name the guardians of the public
welfare may bear, should be loved with a veneration and affection, far
beyond those of private friendship. For all men of sober judgment, and
enlarged information deem the public interest of higher moment than
their own. Their attachment therefore must be warmest to the person on
whom the well being and prosperity of the state depends." And to the
same effect, St. Ambrose in his third book of Offices, says, "every
man feels a greater delight in averting public than private danger."
Seneca, the writer already quoted, produces two instances, the one of
Callistratus at Athens, and the other of Rutilius at Rome, who refused
to be restored from banishment thinking it better for two individuals
to suffer hardship, than for the public to be plunged into calamities.
Public-domain text, read in full here on John Shaqi.
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