*33* Injustice often arises also through chicanery, that is, through an
over-subtle and even fraudulent construction of the law. This it is that
gave rise to the now familiar saw, "More law, less justice." Through
such interpretation also a great deal of wrong is committed in
transactions between state and state; thus, when a truce had been made
with the enemy for thirty days, a famous general[H] went to ravaging
their fields by night, because, he said, the truce stipulated "days,"
not nights. Not even our own countryman's action is to be commended, if
what is told of Quintus Fabius Labeo is true--or whoever it was (for I
have no authority but hearsay): appointed by the Senate to arbitrate a
boundary dispute between Nola and Naples, he took up the case and
interviewed both parties separately, asking them not to proceed in a
covetous or grasping spirit, but to make some concession rather than
claim some accession. When each party had agreed to this, there was a
considerable strip of territory left between them. And so he set the
boundary of each city as each had severally agreed; and the tract in
between he awarded to the Roman People. Now that is swindling, not
arbitration. And therefore such sharp practice is under all
circumstances to be avoided.
[F] The three wishes were: (1) safe return from Hades; (2)
escape from the Labyrinth; (3) the death of Hippolytus.
[G] Each praetor, at his inauguration, announced publicly the
principles and policies that should guide him in the
administration of his office. These were the source of the
_Ius Praetorium_, which explained and supplemented the common
law (_Ius Civile_) and even modified its ancient rigour so as
to conform with a more advanced public sentiment, and form a
most valuable part of the body of Roman Law.
[H] This story is told of Cleomenes, King of Sparta (520-491
B.C.), in the war with Argos. (Plutarch, Apophth. Lacon. 223
A.)
XI. Sunt autem quaedam officia etiam adversus eos servanda, a quibus
iniuriam acceperis. Est enim ulciscendi et puniendi modus; atque haud
scio an satis sit eum, qui lacessierit, iniuriae suae paenitere, ut et
ipse ne quid tale posthac et ceteri sint ad iniuriam tardiores.
Public-domain text, read in full here on John Shaqi.
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