Maxim 12.10.5
The People have given their governors no power to wage unjust war, for they never had such power themselves.
Populus gubernatoribus suis nullam potestatem dedit bellum injustum gerendi, quia ipsi talem potestatem nunquam habuerunt.
Source: Locke, Two Treatises of Government, bk. 2, c. 16, §179; Weisman, 102l
Difficulty 2/5 — Approachable
Explanation
The government's war power is delegated by the People — since no individual has the natural right to wage unjust war, the People could not delegate that right to their government.
Where this applies
- The government has no authority to wage an unjust war because the People never had that right to delegate.
- You can't give the government a power you don't possess yourself.
- The People never had the right to wage unjust war, so they couldn't delegate it.
Legal domains
See also
Cite this maxim
NeCede Max. 12.10.5 — The People have given their governors no power to wage unjust war, for they never had such power themselves. — Locke, Two Treatises of Government, bk. 2, c. 16, §179; Weisman, 102l (Populus gubernatoribus suis nullam potestatem dedit bellum injustum gerendi, quia ipsi talem potestatem nunquam habuerunt.)
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