International law; Natural law; War (International law)
XII. Now he who is answerable for an act, is answerable for all
the injurious consequences attending it. Seneca in one of his
controversies, treating upon this point, puts the case of a plane-tree
set on fire, by which a house was burnt, and he subjoins the following
remark, "although the mischief went further than was intended, yet
the person doing it was answerable for the WHOLE, as much, as if
he had done it by design. For any one that puts his defence upon
the plea of UNINTENTIONAL INJURY, ought to have abstained from all
mischief whatsoever." When Ariarathes, king of Cappadocia had wantonly
obstructed the channel of the river Melas, which discharges itself
into the Euphrates, the swell of waters bursting the mounds, the
Euphrates rose to such a height, as to occasion excessive damage to the
Cappadocians, the Galatians, and the Phrygians. Upon which the decision
of the matter being left to the Romans, they imposed upon him a fine of
three hundred talents.
XIII. XIV. XV. and XVI. But to proceed with other instances of injury,
which render the parties committing them liable to repair the losses
occasioned thereby. The case of excusable homicide may be alleged as
one, wherein the person, who has committed it, is bound to make every
reasonable compensation to the family, dependents, and connections
of the deceased party, in proportion to the loss, which they have
sustained from his death. As Michael the Ephesian in the fifth book
of Aristotle's Ethics has observed, that the compensation made to the
parents, the wife or children of the deceased is nearly the same as if
it could be made to himself. The writer is here speaking of excusable
homicide, that is, when the person by whom it is committed, does it not
in the immediate discharge of some legal duty. Wherefore if any one, in
defending himself, has killed another from whom he might have escaped,
though he may have violated the law of charity, yet he has not incurred
the penalty of a capital offence.
Upon the same principle the person, who has maimed or mutilated
another, will be bound to make him a compensation, proportionably to
the means of subsistence which he is deprived of by such a calamity.
A thief or a robber is bound to restore what has been taken, and to
return it with all the improvements it may have acquired, or to make
reparation to the owner, in proportion to the gain, which the privation
has prevented him from making, or to the actual value of the thing
itself. If the thing has been irretrievably consumed, the estimation of
damages must be made, according to a medium between the highest and the
lowest value.
To this class of offences and due reparation may be referred all frauds
upon the public revenue, all unjust decisions, or all false evidence,
by which states or individuals are injured.
Public-domain text, read in full here on John Shaqi.
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