International law; Natural law; War (International law)
X. In the first place there is a difference between a loss DIRECTLY
occasioned by any act, and one resulting but INDIRECTLY from it.
Now it may be called a direct injury to deprive any one of what
peculiarly belongs to him as his right. An indirect injury is that
which prevents any one from possessing what he otherwise would have
done, by destroying the condition or means, which gave him such a
right. As an example, Ulpian says, "if any one has opened a well in
his own ground, by which the subterraneous streams of water, that
would have passed to the lands of another, are cut off, here no fault
is imputable to the person who has only exercised his own right." And
in another place, he says, it makes a great difference, whether any
one directly does an injury, or is only indirectly and unintentionally
instrumental in preventing another from reaping advantages, which he
would otherwise have enjoyed. And it is absurd, says Paulus, another
legal authority, for men to be called rich before they possess the
means of being so. Thus when the property of parents is forfeited, it
is felt as an inconvenience by their children; though it cannot be
considered as a direct punishment inflicted upon them, because that
property would never have been theirs, unless the parents had retained
it to their last breath. On which Alphenus has made a just observation,
in saying, that, by the punishment of the father, children lose that
which would have come to them from him, but things, which they do not
receive from him, such as the gifts of nature, or those derived from
any other quarter, remain untouched. Cicero relates that in this manner
the children of Themistocles were reduced to want, nor does he think
it unjust that the children of Lepidus should share the same fate. And
he says that it is an ancient custom, and the received usage of all
states, the hardship of which nevertheless was greatly softened by the
laws of Rome at a later period. Thus when a whole people is implicated
in the misconduct of the majority, which holds the representative
character of the state, and consequently loses its civil liberties,
its fortifications, and other privileges, the loss affects innocent
individuals, but only in those things, which they could not have
enjoyed, except as belonging to that community.
Public-domain text, read in full here on John Shaqi.
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