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Actually, I meant 'modern' in a post-WWII sense. While one can trace the history of the notion to the enlightenment philosophers, and their practical students the American revolutionists, as a matter of recognized law I can't find a trace of it prior to the London Declaration (1944). The top Nazis deserved everything they got; but the technical basis for stringing them up was a blatant ex post facto exercise in retroactive law.
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The entire plot of The Lord of the Rings could be said to turn on what Sauron didn’t know, and when he didn’t know it.
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