International law; Natural law; War (International law)
And he properly adds, "I prove it to be strict justice to assign every
one his due, without infringing on the more just claims of another."
Now it has been shewn that the justest title on which any one can
claim, is that which is coaeval with the property itself. From whence
the principle laid down by Tryphoninus, that if any one unknowingly
received goods as a deposit, and afterwards discovers them to be his
own, he is not bound to restore them. And the question, which the same
author puts a little before respecting goods deposited by one, whose
property had been confiscated, is better settled by this principle,
than by what he says elsewhere on the utility of punishment. For as to
the nature of property, it makes no difference, whether it arises from
the law of nations, or from the civil law; as it always carries with it
peculiar qualities, among which may be reckoned the obligation, under
which every possessor lies to restore a thing to its rightful owner.
And hence it is said by Martian, that according to the law of nations,
restitution may be demanded, of those, who have no legal title to the
possession. From the same origin springs the maxim of Ulpian, that
whoever has found a thing belonging to another, is bound to restore it,
even without claiming or receiving a reward for finding it. The profits
also are to be restored, with a deduction only of reasonable charges.
II. Respecting things, non-existent, or whose identity cannot be
ascertained, is a principle generally received among mankind, that
the person, who has become richer by that property, of which the
rightful owner has been dispossessed, is bound to make him reparation
in proportion to the benefit, which he has derived from his property.
For the true proprietor may be justly said to have lost, what HE has
gained. Now the very introduction of property was intended to preserve
that equality, which assigns to every one his own.
Cicero has said, that it is contrary to natural justice, for one man
to improve his own advantage at the expence of another, and in another
place, that nature does not allow us to increase our resources, riches,
and power, from the spoils of others. There is so much of equity in
this saying, that many legal writers have made it the basis of their
definitions, to supply the deficiency of the strict letter of the law,
always appealing to equity as the most sure and clear rule of action.
Public-domain text, read in full here on John Shaqi.
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