24 Bámaca Velásquez case, 2000-2002, and the Massacre of Plan de Sánchez case, 2004, among others). These have been cases with a dense cultural content, and the solutions arrived at by the Court have left with me the impression that there is a fertile ground on which to advance further. I have, ever since those decisions, much reflected on the matter, and the present Moiwana Community case appears to me to constitute a most adequate occasion to propose an entirely new category of damage, not covered by the existing categories to date. X. Beyond the Moral Damage: the Configuration of the Damage. Spiritual 71. I would dare to conceptualize it as a spiritual damage, as an aggravated form of moral damage, which has a direct bearing on what is most intimate to the human person, namely, her inner self, her beliefs in human destiny, her relations with their dead. This spiritual damage would of course not give rise to pecuniary reparations, but rather to other forms of reparation. The idea is launched herein, for the first time ever, to the best of my knowledge. 72. This new category of damage, - as I perceive it, - embodies the principle of humanity in a temporal dimension, encompassing the living in their relations with their dead, as well as the unborn, conforming the future generations. This is how I see it. The principle of humanitas has, in fact, a long historical projection, and owes much to ancient cultures (in particular to that of the Greeks), having become associated in time with the very moral and spiritual formation of human beings88. 73. This new type of damage that I am proposing herein can be distinguished from moral damages, as these became commonly understood. May I dwell upon this point for a while. Moral damages have developed in legal science under a strong influence of the theory of civil responsibility, which, in turn, was constructed in the light, above all, of the fundamental principle of the neminem laedere, or alterum non laedere. This basic conception was transposed from domestic into international law, encompassing the idea of a reaction of the international legal order to harmful acts (or omissions) to the human person (individually and collectively) and to shared social values. 74. The determination of moral damages ensuing therefrom (explained by the Roman law notion of id quod interest) has, in legal practice (national and international), taken usually the form of "quantifications" of the damages. Moreover, a "quantification" of the kind is undertaken as a form of reparation, to the benefit essentially of the living (direct or indirect victims). When one comes to the proposed spiritual damage, however, I cannot see how to separate the living from their dead. 75. In historical perspective, the whole doctrinal discussion on moral damages was marked by the sterile opposition between those who admitted the possibility of reparation of moral damages (e.g., Calamandrei, Carnelutti, Ripert, Mazeaud et Mazeaud, Aubry et Rau, and others) and those who denied it (e.g., Savigny, Massin, Pedrazzi, Esmein, and others); the point that they all missed, in their endless quarrels about the pretium doloris, was that . G. Radbruch, Introducción a la Filosofía del Derecho, 3rd. ed., Mexico/Buenos Aires, Fondo de Cultura Económica, 1965, pp. 153-154. 88