The Elements of Morality: Including Polity, Volume 1

William Whewell

John W. Parker, 1845 - Ethics

Contents

• INTRODUCTION ELEMENTARY NOTIONS AND DEFINITIONS PAGE 1 Chap I THE REASON Art 1 Human Actions: 1
• Thoughts and Things Sensation and Reflection: 2
• General and Abstract Conceptions: 3
• Names of Conceptions: 4
• Truth and Errour General Relations Ideas of Space Time c Reasoning: 5
• Axioms Laws of Nature Certain and probable events: 7
• Theories 10 The Reason Speculative: 9
• Five Classes: 10
• The Understanding: 11
• The Intellect: 12
• Action: 13
• Intention: 14
• Will: 15
• Rules of Action: 16
• 49: 22
• Natural Wants: 26
• Artificial Wants 2 The Affections: 27
• Tend to Persons: 28
• Love: 29
• Kinds of Love: 30
• Anger: 31
• Gratitude Resentment Malice: 32
• Man in Society: 33
• Intercourse of: 34
• Tend to Abstractions: 35
• Memory and Imagination: 36
• Means and Ends: 37
• Separation of Mental Desires Instincts: 38
• The Desire of Safety: 39
• Instinct of Selfpreservation 41 Desire of Security: 41
• Desire of Liberty: 42
• Men at Enmity: 43
• The Desire of Having: 44
• Things and Persons: 45
• Property is necessary: 46
• The Desire of Family Society: 47
• The Desire of Civil Society: 48
• Mental Desires include Affections: 49
• The Need of a Mutual Understanding 51 Promises are necessary: 50
• The Desire of Superiority: 52
• Desire of Equal Rules: 53
• The Desire of Knowledge: 54
• Rules with Reasons: 57
• What is the State ? 466 The Conception among the Greeks 467 Among the Romans: 65
• Knowledge and Reason: 68
• Right relatively used 71 Refers to a superior: 71
• Right absolutely used: 72
• The Supreme Good: 73
• Ought Duty: 74
• Why Ought I: 76
• Man a Moral Being: 77
• Rights must exist: 78
• Rights separately proved: 79
• Five Primary kinds of Rights: 80
• Wrong Injury: 81
• Rights are Realities: 82
• Punishment: 83
• Rights and right: 84
• Obligation: 85
• Obligation and Duty: 86
• Obliged and Ought: 87
• Obligation and Moral Claim: 88
• Perfect and Imperfect Obligation: 89
• The RIGHTS OF CONTRACT: 90
• Nude Pacts 160 Consideration: 91
• Duress: 92
• Contracts of Minors: 93
• Contracts void by Fraud 164 Formulĉ of Contracts 165 Nominate Contracts: 94
• Mutuum and Commodatum: 95
• Repairs and Expenses 168 Debt 169 Promissory Notes and Bills of Exchange 170 Bailment: 96
• Eviction: 98
• Stricti Juris Interpretation 175 Breach of Contract CHAP V THE RIGHTS OF MARRIAGE: 99
• The Moral Sentiments: 100
• Legacies 195 Dowry Jointure 196 Tutor Curator 197 Guardian: 111
• Lawful Marriage 199 Roman Forms of Marriage 200 English Forms of Marriage: 113
• Divorce in Roman Law 203 Divorce in English Law 204 Concubinage: 116
• Chains of Rules: 117
• Patriarchal Government 208 National Government 209 The Supreme Authority: 118
• THE RIGHTS OF THE PERSON: 120
• The Reason Practical: 127
• Money: 131
• Property in Land: 132
• Real and Personal Property: 133
• The Speculative and Practical Reason 22 Development of Mind: 134
• Ryots Serfs Métayers Farmers: 135
• Feudal System: 136
• Its present influence: 137
• Quiritarian Ownership: 138
• Instincts 24 Springs of Action Motives: 139
• Equity not properly defined the judgment of a good: 141
• Title Conveyance Remedies: 142
• Trespass: 143
• Dominium Eminens: 144
• Public Property: 145
• Res Nullius: 146
• Incorporeal Property: 147
• Feudal Services: 148
• Animalia ferĉ naturĉ: 149
• Treasure Trove: 151
• Intellectual Virtues: 156
• Vanity Honour: 163
• The Sense of Duty 278 Duty is determined by social relations 279 Duty gives Moral Significance to Obligations 280 Classification of Duties: 171
• DUTIES OF THE AFFECTIONS: 173
• Special benevolent Affections are Duties 282 Gratitude is a Duty: 175
• Reverence for Superiors is a Duty: 176
• The Family: 178
• Jewish Marriage: 179
• Greek Marriage: 180
• Roman Marriage: 181
• English Marriage: 182
• Husband and Wife: 183
• Adultery: 184
• Rights over Children Roman: 185
• English: 186
• Rape and Seduction Roman: 187
• We are approved or condemned for our Affec tions 294 We can cultivate our Affections by thoughts of Duty: 188
• DUTIES RESPECTING PROPERTY AND OTHER: 192
• Duty of Moral Progress: 194
• CHAP V: 197
• DUTIES CONNECTED WITH Purity: 201
• Constitution The Executive Function: 210
• The Judicial Function: 211
• Rebellion Treason: 213
• International: 214
• Government de Jure and de Facto: 215
• Legislative Body: 216
• Fact of Law and Idea of Justice to be brought together: 217
• Law and Justice cannot exist separately: 218
• Law is a means of Moral Education: 219
• Jural Discipline of the Romans: 220
• Influence of Justice on: 221
• Law leads to Morality: 222
• Other Classes of Rights The Right of Reputation: 223
• Defamation in Roman and English: 224
• VOL I: 225
• Conscience not an Ultimate Authority 369 May be erroneous: 239
• CHAP XV CASES OF CONSCIENCE RESPECTING TRUTH Art 374 Cases of Conscience 375 Casuistry often suspected 376 A Case of Conscience ...: 242
• Interpretation of Promises 378 Erroneous Promises: 244
• Promises released by the Promisee 380 Unlawful Promises: 245
• but the Relative Duty is violated: 247
• Promises which become unlawful 383 Which Promisee does not think unlawful 384 Electors Promise 385 Promise to a Representative 386 Promise t...: 251
• Should the Promise be given ? 392 Analogy of the Law 393 Lies: 253
• Falsehoods under Convention 395 To be carefully limited 396 Lie to conceal a Secret 397 Lie to preserve a Mans Life 398 Lies of Necessity: 256
• Heroic Lies 400 Advocates Assertions: 257
• The unlawful Promise of Marriage 406 Implied Promise of Marriage: 264
• OF CASES OF NECESSITY: 265
• 408 First to ones Self 409 Necessity to be rigorously understood 410 Constraint is not Necessity 411 Fear of certain Death is Necessity 412 Necessity ...: 268
• Trusts: 272
• Death is an event in Mans moral being 418 Necessity has no: 273
• Case of Necessity from Danger to others 420 Such Cases of Necessity are not to be defined 421 Conflicts of Duties to be decided by regard to Moral ...: 275
• Strong Moral Principles decide such Conflicts 423 Heroic Acts: 277
• Resistance to Government: 278
• Of Things ALLOWABLE: 279
• Is not lightly to be extended 427 Some things are Indifferent 428 But many of these only at first sight 429 The selection is to be directed by Moral C...: 283
• Hence Acts are a Discipline 432 Mortification Askesis 133 Not ascetic but spontaneous Virtue is required 434 Discipline of the Intellect: 286
• Advocates Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant: 290
• May be unavoidable: 291
• but care is needed 441 Their consequences to be redressed 442 If they arise from Negligence are defects 443 But they may palliate actions 444 Ignor...: 293
• By unfolding conceptions of Virtues: 295
• By unfolding the notion of doing Good: 296
• By acts of Duty: 297
• We have never done all that is possible: 298
• Our Moral Culture is a Duty: 299
• Our Moral Progress never terminates: 300
• This Errour may be removeable 455 Wilful Ignorance or Errour: 301
• It is our Duty to cultivate Gratitude: 303
• The greatest interruptions are the greatest transgressions: 304
• The Duty of Moral Culture adds to other Duties: 305
• Moral Perfection is our greatest Good: 306
• JUSTICE: 316
• Conception of Natural Law among the Greeks 477 Among the Romans 478 Is universal though not uniform 479 Is denoted by Jus 480 Involves hist...: 319
• Rights not always vitiated by previous injustice 483 No single Rule is absolute 484 Justice assigns Rights according to existing Conditions 485 Justice ...: 320
• CHAP XXII EQUITY: 328
• The Prĉtors power did not disregard the Law 500 Equity not properly defined as abating the rigour of the Law 501 Equity does supply some defects...: 331
• In equali jure melior est conditio possidentis 506 Qui sentit onus sentire debet et commodum 507 Other Maxims: 334
• Equity is Equality 497 Separation of Justice and Equity: 335
• Whether all men are born equal 510 All men are moral beings: 336
• Not Superseded by right Intention: 337
• The Duty of acting rationally: 338
• The Duty of acting according to Rule: 339
• The Duty of Wisdom: 340
• Conceptions to be defined: 341
• The Duty of Intellectual Culture: 342
• Especially for Legislators: 343
• And Educators: 344
• Slavery ancient and modern 521 Definitions of Slavery 522 It is contrary to Morality 523 May be excusable in early stages of progress 524 Is conde...: 345
• Of ourselves and others: 346
• Such progress is possible: 347
• Can never terminate: 348
• Transgression: 349
• Temptation: 350
• Resistance: 351
• Degrees of Guilt: 352
• Measure of Guilt: 353
• Interruption of Moral Progress: 354
• Repentance: 355
• Amendment: 356
• Not necessarily sufficient: 357
• Amendment must be immediate: 358
• OF CONSCIENCE 234: 360
• Conscience the: 361
• Conscience the Witness: 362
• Conscience the Punisher: 363
• To act against Conscience is wrong: 364
• Is to act according to Conscience always right?: 365
• Conscience to be enlightened and instructed: 366
• Aid of Religion needed: 367
• Laws with their Sanctions are a part of Moral: 369

Popular passages

Page 103 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...

Page 66 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.

Page 67 - As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die ; he shall flee unto one of those cities, and live...

Page 345 - A slave is one who is in the power of a master to whom he belongs. The master may sell him, dispose of his person, his industry and his labor. He can do nothing, possess nothing, nor acquire anything but what must belong to his master.

Page 104 - In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries: and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.

Page 92 - A good consideration is such as that of blood, or of natural love and affection, when a man grants an estate to a near relation: being founded on motives of generosity, prudence, and natural duty; a valuable consideration is such as money, marriage, or the like, which the law esteems an equivalent given for the grant:^ and is therefore founded in motives of justice.

Page 104 - The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer.

Page 115 - For the canon law, which the common law follows in this case, deems so highly and with such mysterious reverence of the nuptial tie, that it will not allow it to be unloosed for any cause whatsoever, that arises after the union is made.

Page 257 - Octavius to be killed, declaring himself to be Brutus. So far as such acts come under the Moralist's notice, they must be considered under a special head ; for Heroic Virtue, as we have already said, is beyond the range of the Rules of Duty. 400. Though assertions, not literally true, may, by general Convention, cease to be Lies, we must be careful of trifling with the limits of such cases, and of too readily assuming, and acting upon, such Conventions. Carelessness in these matters, will diminish...

Page 107 - English law likewise justifies a woman killing one who attempts to ravish her: and so too the husband or father may justify killing a man who attempts a rape upon his wife or daughter : but not if he takes them in adultery by consent, for the one is forcible and felonious, but not the other.

Bibliographic information

• Title: The Elements of Morality: Including Polity, Volume 1; The Elements of Morality: Including Polity, William Whewell
• Author: William Whewell
• Publisher: John W. Parker, 1845
• Original from: the University of California
• Digitized: Aug 30, 2007