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Slavery—Both Sides of the Question
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or slavery by law as well as by nature. The law of which I. 6I speak is a sort of convention, according to which whatever is taken in war is supposed to belong to the victors. But 2this right many jurists impeach, as they would an orator who brought forward an unconstitutional measure: they detest the notion that, because one man has the power of doing violence and is superior in brute strength, another shall be his slave and subject. Even among philosophers there is a difference of opinion. The origin of the dispute, and the reason why 3the arguments cross, is as follows: Virtue, when furnished with means, may be deemed to have the greatest power of doing violence: and as superior power is only found where there is superior excellence of some kind, power is thought to imply virtue. But does it likewise imply justice? that is the question. And, in order to make a distinction between them, 4some assert that justice is benevolence: to which others reply that justice is nothing more than the rule of a superior. If the two views are regarded as antagonistic and exclusive [i.e. if the notion that justice is benevolence excludes the idea of a just rule of a superior], the alternative [viz. that no one should rule over others[1]] has no force or plausibility, because it implies that not even the superior in virtue ought to rule, or be master. Some, clinging, as they think, to a principle of 5justice (for law and custom are a sort of justice), assume that slavery in war is justified by law, but they are not consistent. For what if the cause of the war be unjust? No one would ever say that he is a slave who is unworthy to be a slave. Were this the case, men of the highest rank would be slaves and the children of slaves if they or their parents chance to have been taken captive and sold. Wherefore Hellenes do 6

  1. Cp. § 2.
D 2