The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1915-05-29
The Right Of War; Its Source in Law;
Its Purpose; Acts Of War.

The Right Of War; Its Source in Law;
Its Purpose; Acts Of War.
The Catholic system of thought has
definite views upon "war" as or every
other topic. In these days of news
paper hysteria, race prejudice and pas
sion let-loose, the Catholic position on
"war" should be calmly but firmly set
forth. For this purpose, we are fur
nishing the following extract from the
essay on ''War" by Charles Macksey
In the Catholic Encyclopedia.
"War, in the law sense, is conten-
tion carried on by force of arms be-
tween sovereign states, or communi-
ties, having in this regard, the right of
states.
The Existence Of the Right Of War.
"The right Of war is the right of
a sovereign state to wage a contention
at arms against another, and is, in it's
analysis, an instance of the general
moral power of coercion, i. e., to make
use Of physical force to conserve its
rights inviolable. Every perfect right,
/. e., every right involving in others
an obligation in justice, to be effica-
cious, and consequently a real and not
an illusory power, carries with it, at
the last appeal, the subsidiary right of
coercion.
"The limitations of this coercive
right are: that its exercise be neces-
sary; and that damage be not inflicted
beyond measure.
"The state has corporate rights Of
its own which are perfect; it has also
the duty to defend its citizens rights.
Catholic philosophy, therefore. con-
cedes to the state the full natural
rights Of war, whether defensive, as
in the case Of another's attacks in
force upon it; or offensive, where it
finds it necessary to take the initia-
tive in the application Of force; or
punitive, in the infection of punish
ment for evil done against itself, or
in some determined cases, against
others. International law views the
punitive right Of war with suspicion;
but, though it is open to wide abuse,
its original existence under the nat
ural law cannot we'll be doubted.
The Source Of the Right Of War.
"The source of the right of war is
the natural law, which confers upon
states, as upon individuals, the moral
powers or rights, which are the ne.
cessary means to the essential pur.
pose set by the natural law for the
individual and the state to accom-.
plish.
"The full truth, however, takes into
consideration the limitations and ex'
tensions of the war right set by in
ternational law in virtue Of contract
(either implicit in accepted custom, or
explicit in formal contract) among the
nations which are party to interna
tional legal agreements.
''The original determination of the
right of war comes from the law OF
nature only; consent Of mankind may
manifest the existence of phase oi
this law; it does not constitute it. The
agreement of nations may surrender
in common, part of the full right
and so qualify it; or it may tolerate
limited abuse of it; but such agree
merit does not confer particle o.
the original right itself, nor can it takt
aught of it away, except by the con
sent of, the nations so deprived.
The Possessor Of the Right Of War.
'The right of war lies solely will
the sovereign authority of the state
AS it flows from the efficacious char
acter of the other rights in peril, tn
coercive right must belong to the pos
SCISSOR, or to the natural guardian o
those rights. The sovereign authorit
is the guardian, because there is n
higher power on earth to which appea
may be made; and moreover, in tn
case of the individual citizen, the pre-
tection of his rights against foreig
aggression will ordinarily become ir
directly a matter of the good of tn
commonwealth.
1T is clear that the right of wa
cannot become a prerogative Of an
, subordinate power in the state, or of
section, or a city, or an individual fc
the several reasons that none sue
can have the right to imperil the goo
of all the state Gas happens in wal
except the judicial power of the con
monwealth. With the 81
preme power lies also the judicial a.
thority to determine when war
necessary, and what is the necessal
measure of damage it may therein Il
flict. There is no other tribunal
which recourse may be had, and wit
out this judicial faculty, the right
war would be vain.
The Title and Purpose Of War.
"The primary title of state to go
war is: first, the fact that the state
rights (either directly or indirect
through those of its citizens) are me