Of right, considered as a faculty, and of the obligation thereto corresponding
FOOTNOTES
1. See Puffendorf on the Law of Nature and Nations, book i. chap. i. § 19.
2. There seems to be this difference between the terms power and right; that the first does more expressly import the presence of the said quality, and does but obscurely denote the manner how any one acquired it. Whereas the word right does properly and clearly show, that the quality was fairly got, and is now fairly possessed. Puffendorf on the Law of Nature and Nations, book i. chap. I. § 20.
3.Qui in utero est, perinde ac si in rebus humanis esset, custoditur, quoties de commodo ipsius part s quµritur. L. 7. de statu homin. lib. I. tit. 3. Another civilian establishes this rule. Itaque pati quis injuriam, etiamsi non sentiat, potest; facere nemo, nisi qui scit se injuriam facere, etiamsi nesciat cui faciat, L. 3. 5 2. D. de injuriis lib. 47, tit. 10.
4. See Puffendorf on the Law of Nature and Nations, book i. chap. i. § 19. and Grotius of the Rights of War and Peace, book i. chap. i, § 4, 5, 6, 7, with Barbeyrac's notes.