The Home and Foreign Review, Vol. 3 (Classic Reprint)
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Excerpt from The Home and Foreign Review, Vol. 3 The very largest rule of belligerent right limits the voluntary destruction of life and property by the necessity of the occasion and the object of the war. Bynkershoek and Wolf insist that every thing done against the enemy is lawful, and admit fraud, poison, and the murder, as we should call it, of non-combatants, as permissible expedients for attaining the object of the war. But these are the writers who lay the foundations of the law of nations in reason and custom, and ignore that perception and judgment of right and wrong which God has communicated to man. It is true that, for the most part, and practically, we know the law of nations by reason and usage; but this law is founded not on that by which we know its decisions, but on justice; and reason must admit, and usage must adopt, whatever is clearly shown to be just and right, however this may be against precedent, and what has hitherto been held to be sound reason. There is no law without justice, nor any justice without conscience, nor any conscience without God. Grotius thus admirably expresses himself: "Jus naturale est dictatum rectæ rationis, indicans actui aliqui, ex ejus convenientia aut disconvenientiâ cum ipsâ naturâ rationali, inesse moralem turpitudinem, aut necessitatem moralem, ac consequenter ab auctore naturæ, Deo, talem actum vetari aut præcipi. Actus, de quibus tale extat dictatum, debiti sunt aut illiciti per se, atque ideo a Deo necessario præcepti aut vetiti intelliguntur." And this principle obtains greater force from the objections which have been made to it, and the efforts to establish another foundation for the law of nations. Thus the principle of utility is only a feeble attempt to give another name to the law of justice which God has implanted in His creatures; and to pretend to found a law on general usage and tacit consent is to mistake the evidence of justice for justice itself. But the application of the soundest possible principles is, perhaps, a greater difficulty than the ascertainment of the principles themselves; and it is in this application that the rights called the law of nations consist. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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