But generally they must
be considered as being in the highest state of wrong, as being and
willing to be in a condition which is not juridical, and in which,
therefore, no one can be secured against violence, in the possession
of his own.
The distinction between what is only formally and what is also
materially wrong, and unjust, finds frequent application in the
science of right. An enemy who, on occupying a besieged fortress,
instead of honourably fulfilling the conditions of a capitulation,
maltreats the garrison on marching out, or otherwise violates the
agreement, cannot complain of injury or wrong if on another occasion
the same treatment is inflicted upon themselves. But, in fact, all
such actions fundamentally involve the commission of wrong and
injustice, in the highest degree; because they take all validity
away from the conception of right, and give up everything, as it
were by law itself, to savage violence, and thus overthrow the
rights of men generally.
SECOND PART. PUBLIC RIGHT.
THE SYSTEM OF THOSE LAWS WHICH REQUIRE PUBLIC PROMULGATION.
THE PRINCIPLES OF RIGHT IN CIVIL SOCIETY.
43. Definition and Division of Public Right.
Public right embraces the whole of the laws that require to be
universally promulgated in order to produce juridical state of
society.
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