IV.

"The existence of states," says Montesquieu, "is like that of man, and the

first have the right to make war for their proper preservation; the latter

have the right to kill in the case of natural defence. In the case of

natural defence I have the right to kill, since my life is my own, as the

life of him who attacks me belongs to himself. * * * From the right of war

follows that of conquest, which is the consequence: it ought then to

follow the spirit. * * * It is clear when the conquest is made, the

conqueror has no longer the right to kill, since he is no longer in the

position of natural defence, or for his proper preservation.

"That which has made them think thus (right to kill), is that they have

believed that the conqueror had the right to destroy society, whence they

have concluded that they had that to destroy the men who composed it,

which is a false consequence extracted from a false principle. Because the

society should perish, it does not follow that the men who form it ought

also to perish. Society is a union of men, and not men: the citizen can

perish and the man remain. From the right to kill in conquest, politics

have derived the right to enslave; but the consequence is as badly founded

as the principle."

There are certain rules that arise from the principle of

self-preservation, and form what Wolff calls "the voluntary law of

nations." "Hence it follows that all nations have a right to repel by

force what openly violates the law of the society which nature has

established among them, or that directly attacks the welfare and safety of

that society. At the same time care must be taken not to extend this law

to the prejudice of the liberty of nations."

Martyria; or, Andersonville Prison · 第 119 / 218 题