Selections from Three Works. Francisco Suárez
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that the Church can prohibit Christians from acting as servants of unbelievers, 896; Status of baptized son of unbeliever, 896.
VI. Whether Every Other Form of Communication between Christians and Unbelievers Is or May Be Prohibited
Three kinds of communication between Christians and unbelievers, 897; Communication in the works of unbelief forbidden by natural law, 897; Rules on this point, 898; Communication of unbelievers with believers in works of the Christian religion is at times prohibited, 899; Whether it is permissible to debate with unbelievers on sacred matters, 900; Communication in secular affairs is not inherently evil or forbidden, 900–901; May be forbidden by ecclesiastical law, 901; Various restrictions on relations with Jews, 902–906; Whether these restrictions are applicable also to Mohammedans and other pagans, 906–907.
DISPUTATION XIII: ON WAR
On Charity: To the Gentle Reader
[INTRODUCTION]
I. Is War Intrinsically Evil?
Two erroneous beliefs, 911; First conclusion that war is not intrinsically evil or forbidden to Christians, 911–914; Second conclusion that defensive war is permitted and sometimes prescribed, 914; Third conclusion that even aggressive war may at times be right and necessary, 914–915; Definitions of defensive and aggressive war, 915; Fourth conclusion concerning necessary conditions for waging war justly, 916.
II. Who Has the Legitimate Power of Declaring War?
First conclusion that a sovereign prince or state has power to declare war, 917–918; Second conclusion that an inferior prince or imperfect state requires authorization from superior to declare war, 918; Suárez discusses certain limitations and exceptions to this conclusion, 918–920; Supreme jurisdiction a characteristic of perfect state, 920; But Christian kings are amenable to the indirect power of the Pope, 920–921; Third conclusion
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that war declared without legitimate authority is contrary to charity and justice, 921; Consequences of waging a just war in defiance of papal prohibition, 922.
III. Is It Permissible Even for Clerics to Declare War and to Engage Therein?
The question expounded, 922; First conclusion that Prelates of Church, if temporal sovereigns, may licitly declare war, 923; Second conclusion that clerics are forbidden to engage in war, not by divine but by ecclesiastical law, 924; Dispensation from this prohibition may be granted, 924; Third conclusion regarding the binding effect of the said prohibition under pain of mortal sin, 925; Nature of the sin if the war is just, 925–926; Whether clerics engaged in war incur irregularity, 926–929; The granting of dispensation in case of irregularity, 929.
IV. What Is a Just Cause of War, on the Basis of Natural Reason?
An old error concerning military might and war is condemned, 929; First conclusion that no war is just without a legitimate and necessary cause, 929; Suárez discusses the nature of causes sufficient to justify war, 930–932; Second conclusion that war is justified against one who inflicts injury and refuses to give satisfaction, 932; Such war may be necessary for the sake of order in the world, 932; The sovereign thus waging war is both plaintiff and judge, 933; The position of the sovereign not analogous to that of a private individual, 934–935; Third conclusion that he who begins war without just cause sins against charity and justice, 935; Instances in which even a war with just cause may result in such losses as to violate charity, 935–937; Whether the sovereign must be morally certain of victory before embarking on a just war, 937–938.
V. Can Christian Princes Have Any Just Ground for War beyond That Which Natural Reason Dictates?
Suárez denies that war is justified by refusal to accept the true religion, 938; Or on the grounds of idolatry and sins against nature, 938–940; Or on the theory that world dominion is possessed by the Emperor or Pope, 940; Or on the ground that unbelievers are barbarians and should be conquered for humanitarian reasons, 941–942; No just grounds for war lying outside the bounds of natural law are reserved to Christian princes, 942; Only an injury received or defence of the innocent justifies war, 942–943; Extension of this doctrine, within due limits, to unbelievers, 943.
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VI. What Certitude as to the Just Cause of War Is Required in Order That War May Be Just?
This question refers to theoretical rather than practical certitude, 944; First conclusion that the sovereign ruler must examine the cause of war and its justice and act accordingly, 944; When the justice of the cause is in doubt, possession is an important factor, 945; Procedure when neither side is in possession, 946; Resort to arbitration, 947; To the judgment of learned advisers, 947; Second conclusion that when consulted regarding war generals are bound to inquire into the truth, 948–949; Third conclusion that unless they consider the war clearly unjust, common soldiers are not bound to investigate its causes, 949; How soldiers should proceed in case of doubt, 949–950; Whether mercenaries are bound to inquire into justice of war before enlisting, 950–951; Arguments that they are not so bound, 951–953; Suárez concludes that only when they have positive doubts as to the justice of the war are mercenaries bound to investigate before enlisting, 953.
VII. What Is the Proper Mode of Conducting War?
Various aspects of this question, 954–955; Soldiers should not seize or despoil civilian property, 955; Loyalty and duties of soldiers, 955; Their relations with one another, 956; Before beginning hostilities the prince must notify the opposing state of the just cause of war and request reparation, 956–957; Whether reparation offered after war has begun must be accepted, 957–958; Extent of damages which may be assessed against the conquered state, 958; Rules on capture of property, 959; Punishment of guilty individuals among the enemy, 959; Status of enemy property, 960; Of neutral property in enemy territory, 960–962; Innocent persons among the enemy, 962; Treatment of such persons in war, 963; Whether prisoners of war may be enslaved, 963–965; Immunity of ecclesiastical persons and property in war, 965; Innocent may be slain only when necessary for victory, 965–966; Persons to whom this doctrine applies, 966; The opposing argument based on scriptural passages is met, 966–968; Urgent necessity in the prosecution of the war may permit the incidental killing of innocent persons, 968; Various arguments against this doctrine are answered, 968–971; Measures permissible to insure peace, 971–972; Whether restitution for losses inflicted is obligatory where both sides voluntarily wage war without just cause, 972–973; Stratagems in war, 973; Whether it is permissible to break
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faith plighted with an enemy, 974; Whether fighting is permissible on feast days, 974; Whether Christian princes may request aid of infidel sovereigns, 975.
VIII. Is Sedition Intrinsically Evil?
Sedition defined, 975; Sedition, not against prince, but involving two factions of the state is evil on part of aggressor, 975; War of a state against tyrannical prince is not intrinsically evil if conditions necessary for just war are present, 976–977; War of state against a prince who is not a tyrant is intrinsically evil, 977.
IX. Is a Private War, That Is to Say, a Duel, Intrinsically Evil?
Private contests divided into duels and single combat, 977–978; Most duels are without just cause and are therefore condemned, 978; Duels not characterized by conditions of a just war are considered evil, 979–981; Whether it is permissible for a person unjustly condemned to fight a duel with his accuser, 981–986; A private armed contest waged by public authority is not intrinsically wicked if it has the characteristics of a just war, 986–987; Suárez approves the reduction of war to an armed contest among a few combatants, 987–988; Opposing arguments are answered, 988–989.
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A TREATISE ON LAWS AND GOD THE LAWGIVER