When any man, even in political society, renders himself by his
crimes, obnoxious to the public, he is punished by the laws in
his goods and person; that is, the ordinary rules of justice are,
with regard to him, suspended for a moment, and it becomes
equitable to inflict on him, for the BENEFIT of society, what
otherwise he could not suffer without wrong or injury.
The rage and violence of public war; what is it but a suspension
of justice among the warring parties, who perceive, that this
virtue is now no longer of any USE or advantage to them? The laws
of war, which then succeed to those of equity and justice, are
rules calculated for the ADVANTAGE and UTILTIY of that particular
state, in which men are now placed. And were a civilized nation
engaged with barbarians, who observed no rules even of war, the
former must also suspend their observance of them, where they no
longer serve to any purpose; and must render every action or
recounter as bloody and pernicious as possible to the first
aggressors.
Thus, the rules of equity or justice depend entirely on the
particular state and condition in which men are placed, and owe
their origin and existence to that utility, which results to the
public from their strict and regular observance. Reverse, in any
considerable circumstance, the condition of men: Produce extreme
abundance or extreme necessity: Implant in the human breast
perfect moderation and humanity, or perfect rapaciousness and
malice: By rendering justice totally USELESS, you thereby totally
destroy its essence, and suspend its obligation upon mankind.
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