the greater number, and in a total dissolution of society to the
rest. He, meanwhile, can have no other expedient than to arm
himself, to whomever the sword he seizes, or the buckler, may
belong: To make provision of all means of defence and security:
And his particular regard to justice being no longer of use to
his own safety or that of others, he must consult the dictates of
self-preservation alone, without concern for those who no longer
merit his care and attention.

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