The Works of the Right Honourable Edmund Burke, Vol. 05 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 05 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
This violent breach of the community of Europe we must conclude to have
been made (even if they had not expressly declared it over and over
again) either to force mankind into an adoption of their system or to
live in perpetual enmity with a community the most potent we have ever
known. Can any person imagine, that, in offering to mankind this
desperate alternative, there is no indication of a hostile mind, because
men in possession of the ruling authority are supposed to have a right
to act without coercion in their own territories? As to the right of
men to act anywhere according to their pleasure, without any moral tie,
no such right exists. Men are never in a state of _total_ independence
of each other. It is not the condition of our nature: nor is it
conceivable how any man can pursue a considerable course of action
without its having some effect upon others, or, of course, without
producing some degree of responsibility for his conduct. The
_situations_ in which men relatively stand produce the rules and
principles of that responsibility, and afford directions to prudence in
exacting it.
Distance of place does not extinguish the duties or the rights of men;
but it often renders their exercise impracticable. The same circumstance
of distance renders the noxious effects of an evil system in any
community less pernicious. But there are situations where this
difficulty does not occur, and in which, therefore, those duties are
obligatory and these rights are to be asserted. It has ever been the
method of public jurists to draw a great part of the analogies on which
they form the law of nations from the principles of law which prevail in
civil community. Civil laws are not all of them merely positive. Those
which are rather conclusions of legal reason than matters of statutable
provision belong to universal equity, and are universally applicable.
Almost the whole prætorian law is such. There is a _law of neighborhood_
which does not leave a man perfect master on his own ground. When a
neighbor sees a _new erection_, in the nature of a nuisance, set up at
his door, he has a right to represent it to the judge, who, on his part,
has a right to order the work to be stayed, or, if established, to be
removed. On this head the parent law is express and clear, and has made
many wise provisions, which, without destroying, regulate and restrain
the right of _ownership_ by the right of _vicinage_. No _innovation_ is
permitted that may redound, even secondarily, to the prejudice of a
neighbor. The whole doctrine of that important head of prætorian law,
"_De novi operis nunciatione_," is founded on the principle, that no
_new_ use should be made of a man's private liberty of operating upon
his private property, from whence a detriment may be justly apprehended
by his neighbor. This law of denunciation is prospective. It is to
anticipate what is called _damnum infectum_ or _damnum nondum factum_,
that is, a damage justly apprehended, but not actually done.
Public-domain text, read in full here on John Shaqi.
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