Selections from the Speeches and Writings of Edmund BurkeBurke, Edmund
Philosophy
Selections from the Speeches and Writings of Edmund Burke
Burke, Edmund
Burke, Edmund, 1729-1797; Essays; Political science; Speeches, addresses, etc.
Even before it is clearly known whether the innovation
be damageable or not, the judge is competent to issue a prohibition to
innovate, until the point can be determined. This prompt interference is
grounded on principles favourable to both parties. It is preventive
of mischief difficult to be repaired, and of ill blood difficult to be
softened. The rule of law, therefore, which comes before the evil, is
amongst the very best parts of equity, and justifies the promptness
of the remedy; because, as it is well observed, Res damni infecti
celeritatem desiderat, et periculosa est dilatio. This right of
denunciation does not hold, when things continue, however inconveniently
to the neighbourhood, according to the ANCIENT mode. For there is a sort
of presumption against novelty, drawn out of a deep consideration of
human nature, and human affairs; and the maxim of jurisprudence is well
laid down, Vetustas pro lege semper habetur.
Such is the law of civil vicinity. Now where there is no constituted
judge, as between independent states there is not, the vicinage itself
is the natural judge. It is, preventively, the assertor of its own
rights, or remedially, their avenger. Neighbours are presumed to take
cognizance of each other's acts. "Vicini vicinorum facta praesumuntur
scire." This principle, which, like the rest, is as true of nations as
of individual men, has bestowed on the grand vicinage of Europe a duty
to know, and a right to prevent, any capital innovation which may amount
to the erection of a dangerous nuisance.
EUROPEAN COMMUNITY.
Public-domain text, read in full here on John Shaqi.
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