The Elements of Morality: Including Polity, Volume 1

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Harper & Bros., 1845 - Ethics
 

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Contents

Desire of Security
44
The Desire of Superiority
52
Our Reason is Ourselves 64 Passion
58
Desire of Equal Rules
59
Rules necessary for the Peace of Society 66 Rules necessary for the Action of Man as Man 67 Reason our necessary guide 68 Rules not founded in m...
61
RIGHT ADJECTIVE AND RIGHT SUBSTANTive
62
Means and Ends
63
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
Chastisement
98
Sentiment of Rights 99 Sentiment of Wrongs
99
Property is necessary 130 Moveable Property
100
CHAP W The Rights of MARRIAGE
125
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
126
The Family
127
Money
131
Proper y in Land PAG
132
Ryots Serfs Métayers Farmers
135
Feudal System
136
Its present influence
137
Quiritarian Ownership
138
Title Conveyance Remedies
142
Trespass
143
Dominium Eminens
144
Public Property
145
Res Nullius
146
Incorporeal Property
147
Feudal Services
148
Animalia ferae natura
149
Treasure Trove
151
Trusts
152
Alienation
153
Succession
154
Delivery
155
Chains of Rules
156
The Reason Practical 21 The Speculative and Practical Reason 22 Development of Mind 23 Instincts 24 Springs of Action Motives
157
89
158
Nude Pacts
159
Consideration
160
Duress
161
Contracts of Minors
163
Formulae of Contracts
164
Nominate Contracts
165
Mutuum and Commodatum
166
Repairs and Expenses
167
Debt
168
Promissory Notes and Bills of Exchange
169
Bailment
172
Equality Bona Fide
173
Stricti Juris Interpretation
174
Breach of Contract
175
Zeal Energy
176
Virtues of the Mental Desires
177
Virtues connected with Truth
178
Jewish Marriage
179
Greek Marriage
180
Roman Marriage
181
English Marriage
182
Husband and Wife
183
Adultery
184
Reflex Thought
185
English
186
Rape and Seduction Roman
187
English
188
Inheritance
189
Lawful Marriage
198
Roman Forms of Marriage
199
English Forms of Marriage
200
Religious Ceremony of Marriage
201
Divorce in Roman
202
Divorce in English
203
Concubinage
205
Filial Affection is a Duty 285 Parental Affection is a Duty 286 Conjugal Affection is a Duty 287 Fraternal Affection is a Duty
206
THE RIGHTs of Government or STATE RIGHTs 143
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
The Spirit of Truth
225
We are approved or condemned for our Affec tions
235
INTELLECTUAL DUTIES
243
Duty is determined by social relations 279 Duty gives Moral Significance to Obligations 280 Classification of Duties
251
Interruption of Moral Progress 355 Repentance
257
Amendment
258
Of CoNscIENCE
259
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 Promise of ...
287
Of Cases oF NEcEssity
290
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 ...
292
And because Necessity destroys deliberation 416 Reference to be had to the persons Moral Cul ture
293
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
For poor as well as rich
311
Power to be used for Moral Culture of others
312
Duties connected with TRUTH 222
314
This Duty regulated by Mutual Understanding
315
ProgREssive STANDARDs of MoRALITY
328
National Standards of Morality 458 Are connected with National Laws 459 Moral Precepts are exemplary and relative 460 Morality rests upon Law 4...
331
Moral Rules improved by precision of Concep tion
334
The STATE
335
What is the State 7
337
The State is Sovereign 472 The People is not the Source of Rights 473 The State is a Moral Agent 474 Duties of the State 475 Duty of Moral Progres...
341
Equity
353
Equity does supply some defects in Law in England 502 Fixed rules necessary and necessarily insuf ficient 503 Maxims of Equity
356
AEquitas sequitur legem
357
What is Conscience? 360 Synteresis Syneidesis
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
Conscience not an Ultimate Authority
368
May be erroneous
369
Not valid as a Reason
370
Reverence due to Conscience
371
A good man is conscientious
372
Doubtful Conscience Good Conscience
373
Cases of Conscience Respecting TRUTH 267
375
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 7
392
Lies
393
Falsehoods under Convention
394
Wirtues ANd Vices 169
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Page 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.
Page 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...
Page 129 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet"; and if against each other, they would contradict another maxim, "nemo tenetur seipsum accusare.
Page 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.
Page 282 - Moralists have ranked with the cases in which Convention supersedes the general rule of truth, an Advocate asserting the justice, or his belief in the justice, of his Client's cause *. As a reason why he may do this, though he believe otherwise, it is said, that no promise to speak the truth was given, or supposed to be given. But we reply by asking; If there is no...
Page 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.
Page 356 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 342 - ... 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:):.
Page 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.
Page 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.

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