even attempting to publicly justify their behaviour. Keywords humanitarian intervention ; just war theory ; law of nature ; doctrineofpunishment ; sovereignty ; principle of non-intervention Introduction Th is paper explores some aspects of the principle of non-intervention in Vattel’s treatise on
-arrange and, as is his custom, amplify, illuminate with examples and substantiate with authorities the material of De cive xiii . Finally, the doctrineofpunishment, with the characteristic theses according to which punishment is solely that which is inflicted by a superior and which must be useful ( viii
, on the other hand, goes into a detailed analysis of the jurists’ doctrinesofpunishment and exposes how they are judicially defective, theoretically inaccurate and hermeneutically unclear in implementing the laws of the Qur "§ n. He does not question the implementation of È ud å d ; he rather argues
purely human origins (the doctrineofpunishment is one of four such explanations, the others being evhemerism, the divinsation of natural forces, and the fear provoked by celestial events); the second is linked to the presupposition of the divine origin of religion, and the manner in which God will
, such a theoretical shift has the advantage of emphasizing the centrality of individual liability. Blom has also emphasized the connection between the criminal and the theological aspects of Grotius’s thought, in which the doctrineofpunishment plays a fundamental role as the pillar of all – moral
comparata. Ex tertio et quarto actiones personales, condictiones scilicet ex contractu et ex maleﬁ cio . Punishment consti- tutes a cause of war, because guilt ( culpa ) itself creates an obligation; see IPC , XII, fols 119. Th is doctrineofpunishment as a natural cause of war gave rise to Grotius
acquiring moral knowledge in his 2 Some see the philosophical provenance of Locke’s natural executive power doctrine in Grotius, e.g., Richard Tuck, Natural Rights Th eories (Cambridge: Cambridge University Press, 1979), p. 171; Wolfgang Von Leyden, ‘Locke’s Strange DoctrineofPunishment’, in Reinhard
—Paul Gewirtz (eds.), Law’s Stories , New Haven, Yale University Press, 1996, pp. 84–98.
19 J. Arthur Hoyles, Punishment and the Bible , London, Epworth Press, 1986. N. Lillie, “Towards a Biblical DoctrineofPunishment”, in Scottish Journal of Theology, 21, 1968, pp. 449–461. Jeffrie G. Murphy
division between those Buddhists who shared the Christian doctrineofpunishments in an afterlife (the Japanese jigoku ), and those others who saw death as liberation, limiting “hell” to suffering in the world and to attachment to the body. This was an idea that Torres struggled to contain, observing that
nature of society, which must be studied in the second place and are of even greater importance, do not prohibit all use of force, but only that use of force which is in conflict with society, that is which attempts to take away the rights of another’. Hence, Grotius’ doctrineofpunishment.