On the Law of War and Peace by Hugo Grotius

Author:Hugo Grotius [Unbekannt]
Language: eng
Format: epub
Tags: Geschichte
Publisher: Jazzybee Verlag
Published: 2017-03-27T00:00:00+00:00

CHAPTER 20: On Punishments.

Definition and origin of punishment — In what manner punishment relates to strict justice — The right of punishing allowed by the law of nature, to none, except to those, who are innocent of the crimes and misdemeanours to be punished — Difference of motive between human and divine punishment — In what sense revenge is naturally unlawful — The advantages of punishment, threefold — The law of nature allows any one to inflict punishment upon an offender, yet with a distinction — The regard which the law of nations pays to the benefit of the injured party, in the infliction of punishment — General utility of punishments — What is determined by the law of the Gospel, in this respect — Answer to the objections founded upon the mercy of God, as displayed in the Gospel — Capital punishments objected to as cutting off all possibility of repentance — Not safe for private Christians to inflict punishments, even when allowed to do so, by the law of nations — Prosecutions, for certain offences, to be carried on in the name of the public and not of individuals — Internal acts not punishable by man — Open acts, when inevitable through human infirmity not punishable — Actions, neither directly nor indirectly injurious to society, not punishable by human laws — The reasons of that exemption — The opinion, that pardon can never be granted, refuted — Pardon shewn to be allowable before the establishment of penal law — But not in all cases — Allowable also subsequently to the establishment of penalties — Internal and external reasons — Opinion, that there can be no just reason for dispensing with laws, except where such dispensation can be implied as authorised by the law, examined and refuted — Punishment estimated by the desert of the offender — Different motives compared — Motives which ought to restrain men from sin — Scale of offences according to the precepts of the Decalogue — Capacity of the offender — Punishment mitigated from motives of charity, except where there are stronger motives of an opposite kind — Facility or familiarity of crimes aggravates their nature — Clemency, proper exercise of — Views of the Jews and Romans in inflicting punishment — War considered as a punishment — Whether hostilities can justly be commenced for intended aggressions — Whether Kings and Nations are justified in making war to punish offences against the law of nature, not immediately affecting themselves or their subjects — The opinion, that jurisdiction is naturally necessary to authorise punishment, refuted — Distinction between the law of nature, and civil customs, and the divine voluntary law — The question, whether war can be undertaken to punish acts of impiety considered — The being of God, whence known Refusal to embrace the Christian religion not a sufficient cause of war — Cruel treatment of Christians, justifiable cause of war — Open defiance of religion punishable.

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