International law; Natural law; War (International law)
Resting upon a right like this, Philip the Second was induced to
declare to Titus Quintius, "that he would restore the dominions which
he had subdued himself, but would upon no consideration give up the
possessions which he had derived from his ancestors by a just and
hereditary title. Sulpitius, speaking against Antiochus, proved how
unjust it was in him to pretend, that because the Greek Nations in
Asia had once been under the subjection of his forefathers, he had a
right to revive those claims, and to reduce them again to a state of
servitude. And upon this subject two historians, Tacitus and Diodorus
may be referred to; the former of whom calls such obsolete pretensions,
empty talking, and the latter treats them as idle tales and fables.
With these opinions Cicero, in his 2nd book of Offices, agrees, asking
"what justice there can be in depriving an owner of the land, which he
has for many ages quietly possessed?"
III. Can it be said, in order to justify the disturbance of long
enjoyed possessions, that the rightful owner INTENDED to assert his
claim, when he never manifested such intention by any outward visible
act? The effect of right which depends upon a man's intentions can
never follow from a bare conjecture of his will, unless he has declared
and proved it by some express and visible act. For actions being the
only evidence of intentions, intentions can never of themselves
alone without such acts be the object of human laws. No conjectures
indeed respecting the acts of the mind can be reduced to mathematical
certainty, but only to the evidence of probability at the utmost. For
men by their words may express intentions different from their real
ones, and by their acts counterfeit intentions which they have not. The
nature of human society, however, requires that all acts of the mind,
when sufficiently indicated, should be followed by their due effects.
Therefore the intention, which has been sufficiently indicated, is
taken for granted against him who gave such indication.
Public-domain text, read in full here on John Shaqi.
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