Grotius
(1583-1645),
De iure
belli et pacis, Book 2, Chapter 25
VI. The last and most extensive motive is the
common tie of one COMMON NATURE, which alone is sufficient to oblige men to
assist each other.
VII. It is a question, whether one man is bound to
protect another, or one people another people from injury and aggression.
Plato thinks that the individual or state not defending another from
intended violence is deserving of punishment. A case for which provision was
made by the laws of the Egyptians. But in the
first place it is certain that no one is bound to give assistance or
protection, when it will be attended with evident danger.
For a man's own life and property, and
a state's own existence and preservation are either to the individual, or
the state, objects of greater value and prior consideration than the welfare
and security of other individuals or states.
Nor will states or individuals be bound
to risk their own safety, even when the aggrieved
or oppressed party cannot be relieved but by the destruction of the invader
or oppressor. For under some circumstances it is impossible successfully to
oppose cruelty and oppression, the punishment of which must be left to the
eternal judge of mankind.
Modern Civil Law Doctrine
See also Samuel
Pufendorf, The Whole Duty of Man, p. 242 (Hunter and Saunders
translation) |