Maxim 12.10.4
An aggressor who puts himself into a state of war with another and unjustly invades another's right can never, by such unjust war, come to have a right over the conquered.
Aggressor qui se in statum belli cum altero ponit, et injuste jus alterius invadit, nunquam per tale bellum injustum jus super victum acquirere potest.
Source: Locke, Two Treatises of Government, bk. 2, c. 16, §176; Weisman, 102j
Difficulty 2/5 — Approachable
Explanation
Conquest by unjust aggression conveys no legitimate sovereignty — right cannot spring from wrong, and a people subjected by force retain their natural rights.
Where this applies
- An unjust invader has no legitimate claim over the people they conquered.
- Conquest by unjust aggression conveys no rightful sovereignty.
- A people subjected by unlawful force retain their natural rights.
Legal domains
See also
Cite this maxim
NeCede Max. 12.10.4 — An aggressor who puts himself into a state of war with another and unjustly invades another's right can never, by such unjust war, come to have a right over the conquered. — Locke, Two Treatises of Government, bk. 2, c. 16, §176; Weisman, 102j (Aggressor qui se in statum belli cum altero ponit, et injuste jus alterius invadit, nunquam per tale bellum injustum jus super victum acquirere potest.)
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