The Elements of morality, including polity. v. 1, Band 1

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Harper & Bros., 1859
 

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Inhalt

Separation of Mental Desires Instincta 39 The Desire of Safety
42
Instinct of Selfpreservation
43
Desire of Security 42 Desire of Liberty 43 Men at Enmity 44 The Desire of Having
44
Things and Persons
45
Property is necessary 47 The Desire of Family Society 48 The Desire of Civil Society
46
Mental Desires include Affections 50 The Need of a Mutual Understanding
49
Promises are necessary
51
The Desire of Superiority 53 Desire of Equal Rules 54 The Desire of Knowledge
52
Knowledge and Reason
55
The Moral Sentiments 56 Approbation and Disapprobation 5 The Reflex Sentiments
56
Reflex Thought
57
The Desire of being loved
58
The Desire of Esteem
59
The Desire of our own Approval
60
Springs of Action operate through the Will 62 Are modified by Thought
62
Means and Ends
63
Passion
64
MORAL RULES EXIST NECESSARILY Art 65 Rules necessary for the Peace of Society 66 Rules necessary for the Action of Man as
66
Reason our necessary guide
67
Rules not founded in mutual fear
68
Rules tend to unite
69
RIGHT ADJECTIVE AND RIGHT SUBSTANTIVE Art 70 Right relatively used 71 Refers to a superior
71
Right absolutely used
72
The Supreme Good
73
Ought Duty
74
Why Ought
76
Man a Moral Being
77
Rights must exist
78
Rights separately proved
79
Five Primary kinds of Rights
80
Wrong Injury
81
Rules with Reasons
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
Jus the Doctrine of Rights and Obligations
90
Duties Virtues Goodness Vice
91
Virtuous and vicious internal acts
92
Sins 94 The State
93
IMMUTABLE MORALITY AND MUTABLE LAW 76
96
Idea and Fact in Morality
97
Sentiment Rights
98
Sentiment of Wrongs
99
Ryots Serfs Métayers Farmers 136 Feudal System
103
Its present influence 138 Quiritarian Ownership 139 Title Conveyance Remedies
105
Law and Morality 106 Law seeks to be just
106
Roman and English
107
Five Classes of Primary Righta
108
Rights imperfectly held
109
Property and Contract distinct
110
Private and Public Wrongs
111
VOL I
112
Trusts 153 Alienation 154 Succession
113
Delivery
114
THE RIGHTS OF THE PERSON Art 112 Wrongs against the Person Homicide
115
Dangerous Games
116
Selfdefence
117
Manslaughter
118
Murder
119
Justifiable Homicide
120
Nocturnal Thief
121
Provocation
122
Accessories
123
Duels
124
Punishment
125
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
126
Riot
127
Classes of Men with imperfect Rights
128
THE RIGHTS OF PROPERTY Art 129 Property is necessary 130 Moveable Property
136
Chains of Rules
143
The Reason Practical
153
DUTIES CONNECTED WITH PURITY 227
158
The Speculative and Practical Reason 22 Development of Mind
159
OF THE IDEA OF MORAL GOODNESS
161
Instincts 24 Springs of Action Motives
164
Kinds of Love The Heart
171
Eviction
172
Equality Bona Fide
173
Stricti Juris Interpretation
174
Breach of Contract 115
175
Zeal Energy
177
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
English
188
Inheritance
189
Testament Roman
190
Limited
191
Will English
192
Entail
193
Legacies
194
Dowry Jointure
195
Tutor Curator
196
Guardian
197
Authority 207 Patriarchal Government
207
National Government
208
The Supreme Authority
209
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 to gether
217
Law and Justice cannot exist separately
218
Interruption of Moral Progress 355 Repentance
257
Amendment
258
OF CONSCIENCE
259
What is Conscience ? 360 Synteresis Syneidesis 361 Conscience the Law 362 Conscience the Witness 363 Conscience the Punisher
261
To act against Conscience is wrong 365 Is to act according to Conscience always right? 366 Conscience to be enlightened and instructed 367 Aid of ...
264
CASES OF CONSCIENCE RESPECTING TRUTH
267
To be carefully limited 396 Lie to conceal a Secret 397 Lie to preserve a Mans Life 398 Lies of Necessity 399 Heroic Lies
282
Advocates Assertions
283
Advocates Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant 404 Promise of Marriage 405 The unlawful Promiso of ...
287
Love of Fellowcitizens is a Duty
288
Other Relative Duties of Affection
289
Duty of Universal Benevolence
290
The Human Family
291
Duty of Compassion
292
And because Necessity destroys deliberation 416 Reference to be had to the persons Moral Cul ture
293
We can cultivate our Affections by thoughts of Duty
294
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
Strong Moral Principles decide such Conflicts 423 Heroic Acts
302
It is our Duty to cultivate Gratitude
303
The greatest interruptions are the greatest trans gressions
304
The Duty of Moral Culture adds to other Duties
305
Moral Perfection is our greatest Good
306
Desires to be directed by a Spirit of Justice 308 And by a Spirit of Moral Purpose
308
Duty of Moral Progress in such Spirit
309
Wealth is a means of Moral Progress
310
For poor as well as rich
311
Power to be used for Moral Culture of others
312
Lie not 314 Perform Promises
314
This Duty regulated by Mutual Understanding
315
439 May be unavoidable
317
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...
318
There is a Higher Part of our Nature
320
Special Duties of Purity
321
Purity of Heart to be cultivated
322
Impure Acts especially impede Moral Progress
323
Though not forbidden by
324
Seduction
325
Purity of Youth to be preserved
326
The prospect of Marriage a preservative
327
PROGRESSIVE STANDARDS OF MORALITY
328
Duties and Spirit of Obedience 329 Duties depend on Customs in part
329
Duty of Obedience to the Laws
330
In many cases the Letter not the Spirit of
331
Duties of Command
332
Public Duties
333
Political Duties of Conservation and Progress
334
Duties of Prudence and Wisdom in Command 336 The Duty of Consideration
336
Not superseded by right Intention
337
The Duty of acting rationally
338
The Duty of acting according to Rule
339
Property in Land
340
Conceptions to be defined
341
The Duty of Intellectual Culture
342
Especially for Legislators
343
And Educators
344
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
Equity is Equality 497 Separation of Justice and Equity 498 Equity not properly defined the judgment of a good man 499 The Prætors power did no...
355
Equity does supply some defects in Law in England 502 Fixed rules necessary and necessarily insuf ficient 503 Maxims of Equity
356
Æquitas sequitur legem
357
In equali jure melior est conditio possidentie
359
Qui sentit onus sentire debet et commodum 507 Other Maxims
360
The Natural Rights of
361
Slavery ancient and modern
371
Interpretation of Promises
377
Erroneous Promises
378
Promises released by the Promisee
379
Unlawful Promises
380
but the Relative Duty is vio lated
381
Promises which become unlawful
382
Which Promisee does not think unlawful
383
Electors Promise 385 Promise to a Representative
385
Promise to be kept after the immoral action
386
Contradictory Promises
387
Impossible Promises
388
Extorted Promises
389
Promise to Robbers
390
Should the Promise be given
391
Analogy of the
392
Lies
393
Falsehoods under Convention
394

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Seite 91 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
Seite 129 - I come now, lastly, to speak of the legal consequences of such making, or dissolution. (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 : under whose wing, protection, and cover, she performs everything...
Seite 130 - 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.
Seite 94 - If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution: if he have nothing, then he shall be sold for his theft.
Seite 141 - 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.
Seite 372 - 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.
Seite 123 - ... examination to be unsound, the purchaser must immediately return them to the vendor, or give him notice to take them back, and thereby rescind the contract, or he will be presumed to have acquiesced in the quality of the goods.
Seite 133 - 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.
Seite 93 - But in this, and in every other case of homicide upon provocation, if there be a sufficient cooling-time for passion to subside and reason to interpose, and the person so provoked afterwards kills the other, this is deliberate revenge and not heat of blood, and accordingly amounts to murder.
Seite 342 - Duty by its commands, and repels from wrong doing by its prohibitions ; and to the good, does not command or forbid in vain ; while the wicked are unmoved by its exhortations and warnings. This Law cannot be annulled, superseded, or overruled. No Senate, no People can loose us from it; no Jurist, no Interpreter, can explain it away. It is not one Law at Rome, another at Athens ; one, at present, another at some future time ; but one Law, perpetual and immutable, includes all Nations and all times:):.

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