XXXI. We can by no means admit the rule laid down by some writers, who maintain, that all engagements of kings, and states, ought to be explained, as far as it is possible, upon the principles of the Roman law: unless indeed it can be made to appear that among some states, in their intercourse with each other, the CIVIL LAW is received as the LAW OF NATIONS; a presumption which ought not to be hastily granted. XXXII. As to the doubt, which Plutarch advances in his Symposiacs, whether the words of the party offering, or those of the one accepting a condition ought to be most attended to, it appears that where the party accepting the terms is the promiser, the nature and substance of the transaction will depend upon his words, if they are absolute and unqualified. For if the offer is regarded as a positive engagement to do certain acts, then the full extent of it will be seen by the necessary repetition of the same words in the promise. But before a condition is accepted, it is evident, as was seen in the chapter on promises, that the promiser is not bound to its fulfilment; for no right has been conferred by the one party, or acquired by the other. Therefore the offer of a condition of this kind does not amount to a perfect promise. CHAPTER XVII. ON DAMAGES OCCASIONED BY INJURY AND THE OBLIGATION TO REPAIR THEM. On Damages occasioned by injury, and the obligation to repair them--Every misdemeanor obliges the aggressor to repair the loss--By loss is meant any thing repugnant to right strictly so called--Distinction between fitness and strict right--Loss or diminution of possession includes every injury done to the produce as well as the property itself--Loss estimated from the time that gain ceases--Injuries done by principals--By accessories--Injuries done by the neglect of principal or of secondary agents--What persons are implicated in those charges, and in what degrees--The parties engaged answerable for all consequences--The case where homicide or any other act of violence ensues--Case of robbery--Or theft--Promises obtained through fraud or unjust fear--In what cases the consequences are imputable to the suffering party--How far the law of nations authorises states to take advantage of an enemy's fear--How far sovereigns are answerable for any acts of violence committed by their subjects--The case where subjects in violation of their sovereign's permission and orders commit acts of piracy upon allied or neutral states--No one answerable by the law of nature for the mischief done by his cattle, his slaves, or his ship--Damages allowed for injuries done to reputation or honour--What kind of reparation allowed.