ABSTRACT

It is the nature of wars for both sides to maintain that they are supporting a just cause. In general, it may be true in nearly every kind of dispute, that neither of the two disputants is unjust. Aristotle makes an exception only when the enquiry is 'whether the act took place'. In particular Bartolus, Baldus, and some others apply arguments derived from those bloodless contests of the Forum to the strife of arms and the duel. For example, some point is obscure and it is not clear whether a thing belongs to Titius or Sempronius; and since each lies claim to it, each tries to take it from the other. Cicero appropriately says of the two factions of Julius Caesar and of Pompey: There was an element of uncertainty and a contest between leaders of distinction. This chapter addresses the instances and causes for war from time to time and takes note of them.