Even a plagiarism from a dead
author, although it does not tarnish the honour of the deceased, but
only deprives him of a part of his property, is yet properly
regarded as a lesion of his human right.
CH3
FIRST PART. PRIVATE RIGHT.
The System of those Laws Which Require No External Promulgation.
CHAPTER III. Acquisition Conditioned by the Sentence of
a Public Judicatory.
36. How and What Acquisition is Subjectively Conditioned
by the Principle of a Public Court.
Natural right, understood simply as that right which is not
statutory, and which is knowable purely a priori, by every man's
reason, will include distributive justice as well as commutative
justice. It is manifest that the latter, as constituting the justice
that is valid between persons in their reciprocal relations of
intercourse with one another, must belong to natural right. But this
holds also of distributive justice, in so far as it can be known a
priori; and decisions or sentences regarding it must be regulated by
the law of natural right.
The moral person who presides in the sphere of justice and
administers it is called the Court of justice, and, as engaged in
the process of official duty, the judicatory; the sentence delivered
in a case, is the judgement (judicium).
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