International law; Natural law; War (International law)
XVI.[16] What has been already said of the right of defending our
persons and property, though regarding chiefly private war, may
nevertheless be applied to public hostilities, allowing for the
difference of circumstances. For private war may be considered as an
instantaneous exercise of natural right, which ceases the moment that
legal redress can be obtained. Now as public war can never take place,
but where judicial remedies cease to exist, it is often protracted,
and the spirit of hostility inflamed by the continued accession of
losses and injuries. Besides, private war extends only to self-defence,
whereas sovereign powers have a right not only to avert, but to punish
wrongs. From whence they are authorised to prevent a remote as well as
an immediate aggression. Though the suspicion of hostile intentions, on
the part of another power, may not justify the commencement of actual
war, yet it calls for measures of armed prevention, and will authorise
indirect hostility. Points, which will be discussed in another place.
XVII. Some writers have advanced a doctrine which can never be
admitted, maintaining that the law of nations authorises one power
to commence hostilities against another, whose increasing greatness
awakens her alarms. As a matter of expediency such a measure may be
adopted, but the principles of justice can never be advanced in its
favour. The causes which entitle a war to the denomination of just are
somewhat different from those of expediency alone. But to maintain
that the bare probability of some remote, or future annoyance from a
neighbouring state affords a just ground of hostile aggression, is a
doctrine repugnant to every principle of equity. Such however is the
condition of human life, that no full security can be enjoyed. The only
protection against uncertain fears must be sought, not from violence,
but from the divine providence, and defensive precaution.
XVIII. There is another opinion, not more admissible, maintaining
that the hostile acts of an aggressor, may be considered in the light
of defensive measures, because, say the advocates of this opinion, few
people are content to proportion their revenge to the injuries they
have received; bounds which in all probability the party aggrieved has
exceeded, and therefore in return becomes himself the aggressor. Now
the excess of retaliation cannot, any more than the fear of uncertain
danger, give a colour of right to the first aggression, which may be
illustrated by the case of a malefactor, who can have no right to wound
or kill the officers of justice in their attempts to take him, urging
as a plea that he feared the punishment would exceed the offense.
Public-domain text, read in full here on John Shaqi.
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