International law; Natural law; War (International law)
The general rights of things--Division of what is our own--The origin
and progress of property--Some things impossible to be made the
subject of property--The Sea of this nature, in its full extent, or
in its principal parts--Unoccupied lands may become the property
of individuals, unless they have been previously occupied by
the people at large--Wild beasts, fishes, birds, may become the
property of him who seizes them--In cases of necessity men have
a right of using that which has already become the property of
others--To sanction this indulgence, the necessity must be such
that it cannot otherwise be avoided--This indulgence not allowed
where the possessor is in an equal degree of necessity--The
party thus supplying his wants from another's property, bound
to make restitution whenever it is possible. The application
of this principle to the practice of war--The right to use the
property of another, provided that use be no way prejudicial to
the owner--Hence the right to the use of running water--The right
of passing through countries, and by rivers explained--An inquiry
into the right of imposing duties on merchandise--The right of
residing for a time in a foreign state--The right of exiles to
reside in the dominions of a foreign state, provided they submit
to its laws--In what manner the right of occupying waste places is
to be understood--The right to certain articles necessary to the
support of human society, and life--The general right of purchasing
those articles at a reasonable price--The right to sell, not of
equal force and extent--The right to those privileges which are
promiscuously granted to foreigners--Inquiry whether it be lawful
to contract with any people for the purchase of their productions
on condition of their not selling the same to others.
I. Among the causes assigned to justify war, we may reckon the
commission of injury, particularly such as affects any thing which
belongs to us. Now we establish this claim to any thing as our own
either by a right COMMON to us as men, or acquired by us in our
INDIVIDUAL capacity. But to begin with that which is the common right
of all mankind; we may observe that it comprises what is called by
legal authorities, Corporeal and Incorporeal rights.[17]
Things corporeal are either unappropriated, or made the subjects of
private property. Now the things unappropriated, are such that it
may be either possible or impossible for them to be reduced to a
state of private property.[18] In order therefore to understand this
more clearly, it will be necessary to take a survey of the origin of
property.
Public-domain text, read in full here on John Shaqi.
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