Selections from the Speeches and Writings of Edmund Burke [108]
of Europe, and the scourge of French ambition; that he would have reminded them of a posterity, which, if this nefarious robbery under the fraudulent name and false colour of a government, should in full power be seated in the heart of Europe, must for ever be consigned to vice, impiety, barbarism, and the most ignominious slavery of body and mind. In so holy a cause it was presumed that he would (as in the beginning of the war he did) have opened all the temples; and with prayer, with fasting, and with supplication (better directed than to the grim Moloch of regicide in France), have called upon us to raise that united cry which has so often stormed heaven, and with a pious violence forced down blessings upon a repentant people. It was hoped that when he had invoked upon his endeavours the favourable regard of the Protector of the human race, it would be seen that his menaces to the enemy, and his prayers to the Almighty, were not followed, but accompanied, with correspondent action. It was hoped that his shrilling trumpet should be heard, not to announce a show, but to sound a charge.
LAW OF VICINITY.
This violent breach in 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, these 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 praetorian law is such. There is a "Law of Neighbourhood" which does not leave a man perfectly master on his own ground. When a neighbour 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 neighbour. The whole doctrine of that important head of praetorian 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 neighbour. 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,
LAW OF VICINITY.
This violent breach in 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, these 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 praetorian law is such. There is a "Law of Neighbourhood" which does not leave a man perfectly master on his own ground. When a neighbour 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 neighbour. The whole doctrine of that important head of praetorian 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 neighbour. 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,