Sed iniustitiae genera duo sunt, unum eorum, qui inferunt, alterum
eorum, qui ab iis, quibus infertur, si possunt, non propulsant iniuriam.
Nam qui iniuste impetum in quempiam facit aut ira aut aliqua
perturbatione incitatus, is quasi manus afferre videtur socio; qui autem
non defendit nec obsistit, si potest, iniuriae, tam est in vitio, quam
si parentes aut amicos aut patriam deserat. *24* Atque illae quidem
iniuriae, quae nocendi causa de industria inferuntur, saepe a metu
proficiscuntur, cum is, qui nocere alteri cogitat, timet ne, nisi id
fecerit, ipse aliquo afficiatur incommodo. Maximam autem partem ad
iniuriam faciendam aggrediuntur, ut adipiscantur ea, quae concupiverunt;
in quo vitio latissime patet avaritia.
[20] _partes duae_ BH b; _partes duae sunt_ c, Bt., Heine.
[21] _discriptio_ B, Edd.; _descriptio_ A H a b c.
[22] _e quo_ A^1 H a b c, Müller; _eo_ B, _de quo_ Bt.
(suppl.), Heine.
#B. Justice.#
*20* VII. Of the three remaining divisions, the most extensive in its
application is the principle by which society and what we may call its
"common bonds" are maintained. Of this again there are two
divisions--justice, in which is the crowning glory of the virtues and on
the basis of which men are called "good men"; and, close akin to
justice, charity, which may also be called kindness or generosity.
The first office of justice is to keep one man from doing harm to
another, unless provoked by wrong; and the next is to lead men to use
common possessions for the common interests, private property for their
own.
#Public _vs._ private interests.#
*21* There is, however, no such thing as private ownership established
by nature, but property becomes private either through long occupancy
(as in the case of those who long ago settled in unoccupied territory)
or through conquest (as in the case of those who took it in war) or by
due process of law, bargain, or purchase, or by allotment. On this
principle the lands of Arpinum are said to belong to the Arpinates, the
Tusculan lands to the Tusculans; and similar is the assignment of
private property. Therefore, inasmuch as in each case some of those
things which by nature had been common property became the property of
individuals, each one should retain possession of that which has fallen
to his lot; and if anyone appropriates to himself anything beyond that,
he will be violating the laws of human society.
Public-domain text, read in full here on John Shaqi.
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