He has the
right of self-defence, but not of punishment: the two things are quite
different. He may also exact restitution, where restitution is due:
but that again is not punishing. If he is in the extra-civil state, he
may use force, where prudence allows it, to recover what he has lost.
This _right of private war_ really is surrendered by the individual,
when the State is established: but war and punishment are two totally
different ideas. Subjects are punished: war is levied on independent
powers. (_Ethics_, c. ix., s. iii., nn. 4-6, pp. 171-174; _Natural
Law_, c. ii., s. ii., n. 6, p. 212.)
3. Opposite is the opinion of Locke, who writes:
"The execution of the law of nature is in that state [of nature] put
into every man's hands, whereby every one has a right to punish the
transgressors of that law to such a degree as may hinder its
violation: for the law of nature would, as all other laws that concern
men in this world, be in vain, if there were nobody that in the state
of nature had a power to execute that law." We observe that the
punishment of offenders against the law of nature, as such, belongs to
the Legislator, who is God alone.
Pages:
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425