International law; Natural law; War (International law)
XVIII. Since the COMMON RIGHT TO THINGS has been established, the
COMMON RIGHT TO ACTIONS follows next in order, and this right is either
absolute, or established by the supposition of a general agreement
amongst mankind. Now all men have absolutely a right to do such or
such acts as are necessary to provide whatever is essential to the
existence or convenience of life. CONVENIENCE is included in this
right; for there is no occasion here to imagine an existence of the
same necessity as was requisite to authorize the seizing of another's
property. Because the point of discussion here is not whether any act
is done AGAINST THE WILL of an owner, but whether we acquire what is
necessary for our wants ACCORDING TO THE TERMS to which the owner has
agreed.[19] Supposing there is nothing illegal in the contract, nor
any wilful intention on his part to make it null and void. For any
impediment created by the owner in such transactions, is repugnant
to the very principles of natural justice, which suppose an equality
of upright dealing to subsist in both the parties concerned. St.
Ambrose calls a fraudulent conduct of that kind, an attempt to deprive
men of their share in the goods of a common parent, to withhold the
productions of nature which are the birthright of all, and to destroy
that commerce which is the very support of life. For we are not
treating of superfluities and luxuries, but of those things, which are
essential to life, as physic, food and cloathing.
XIX. From what has already been proved, it follows that all men have a
right to purchase the necessaries of life at a reasonable price, except
the owners want them for their own use. Thus in a great scarcity of
corn, there would be no injustice in their refusing to sell. And yet
in such a time of necessity foreigners, who have been once admitted,
cannot be driven away; but as St. Ambrose shews in the passage already
quoted, a common evil must be borne by all alike.
XX. Now owners have not the same right in the sale of their goods: for
others are at full liberty to determine whether they will purchase
certain articles or not. The ancient Belgians, for instance, allowed
not wines and other foreign merchandise to be imported among them. The
same rule, we are informed by Strabo, was practised by the Nabathaean
Arabians.
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