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The Right of the Weaker.—When any one submits under certain conditions to a greater power, as a besieged town for instance, the counter-condition is that one can destroy one's self, burn the town, and so cause the mighty one a great loss. Therefore there is a kind of equalisation here, on the basis of which rights may be determined. The enemy has his advantage in maintaining it. In so far there are also rights between slaves and masters, that is, precisely so far as the possession of the slave is useful and important to his master. The right originally extends so far as one appears to be valuable to the other, essentially unlosable, unconquerable, and so forth. In so far the weaker one also has rights, but lesser ones. Hence the famous unusquisque tantum juris habet, quantum potentia valet (or more exactly, quantum potentia valere creditur).

The Right of the Weaker.—When any one submits under certain conditions to a greater power, as a besieged town for instance, the counter-condition is that one can destroy one's self, burn the town, and so cause the mighty one a great loss. Therefore there is a kind of equalisation here, on the basis of which rights may be determined. The enemy has his advantage in maintaining it. In so far there are also rights between slaves and masters, that is, precisely so far as the possession of the slave is useful and important to his master. The right originally extends so far as one appears to be valuable to the other, essentially unlosable, unconquerable, and so forth. In so far the weaker one also has rights, but lesser ones. Hence the famous unusquisque tantum juris habet, quantum potentia valet (or more exactly, quantum potentia valere creditur).

Approximate author period: c. 1872 AD · industrial