The Elements of Morality, Including Polity

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John W. Parker, 1845 - Ethics
 

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Contents

Theories 10 The Reason Speculative
9
The Springs of Human Action
10
The Understanding
11
The Intellect
12
Action
13
Intention
14
Will
15
Rules of Action
16
Reflex Thought 58 The Desire of being loved 59 The Desire of Esteem
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
17 Means and Ends
37
Separation of Mental Desires Instincts
38
The Desire of Safety
39
Instinct of Selfpreservation
40
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
76
77 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
The Moral Sentiments
100
Rape and Seduction English Law 189 Inheritance
112
Promise of Marriage
113
Dangerous Games
116
Chains of Rules
117
Manslaughter
118
Murder
119
Justifiable Homicide
120
Nocturnal Thief
121
Provocation
122
Accessories
123
Duels
124
Punishment
125
The Reason Practical
127
Classes of Men with imperfect Rights
128
OF VIRTUES AND DUTIES PAOK
129
The Rights op Property 74
130
Money
131
Property in Land
132
Real and Personal Property
133
The Speculative and Practical Reason 22 Development of Mind
134
Ryots Serfs Metayers Farmers
135
Feudal System
136
Its present influence
137
Quiritarian Ownership
138
Instincts 24 Springs of Action Motives
139
The Supreme Law must be positive 231 Conceptions to which it tends 232 Ideas of Benevolence Justice Truth Purity Order
140
Idea of Goodness
141
Title Conveyance Remedies
142
Trespass
143
Dominium Eminens
144
Public Property
145
Res Nullius
146
Incorporeal Property
147
Feudal Services
148
Animalia ferae nature
149
Treasure Trove
151
Intellectual Virtue
157
Contracts void by Fraud
163
Formulae of Contracts
164
Nominate Contracts
165
Mutuum and Commodatum
166
Reverence for Superiors is a Duty
176
The Rights op Marriage 99
177
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
Testament Roman
190
Limited
191
Will English
192
Entail
193
Legacies
194
Dowry Jointure
195
Tutor Curator
196
197 Guardian
197
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
206
The Rights of Government or State Rights 117
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 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
223
Defamation in Roman and English
224
Op Transgression
226
Temptation
229
Resistance 352 Degrees of Guilt 353 Measure of Guilt 354 Interruption of Moral Progress
230
Repentance 356 Amendment
232
Of Conscience
234
What is Conscience? 360 Synteresis Syneidesis 361 Conscience the Law 362 Conscience the Witness 363 Conscience the Punisher
236
Conscience not an Ultimate Authority 369 May be erroneous
239
Cases of Conscience respecting Truth
242
377 Interpretation of Promises 378 Erroneous Promises
244
Promises released by the Promisee 380 Unlawful Promises
245
but the Relative Duty is violated
247
vol 1
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 Art 425 The notion of Allowable belongs to Cases of Necessity
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 433 Not ascetic but spontaneous Virtue is required 434 Discipline of the Intellect
286
Suspend or invert the Moral Progress 446 The Want is blameable 447 Errours of Principle are not exculpations 448 Many arise from confused Conc...
289
Advocates Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant
290
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
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
Equity
327
Duties op Order 210
329
The Praetors power did not disregard the Law 500 Equity not properly defined as abating the rigour of the Law 501 Equity does supply some defect...
331
In equalijure 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
Humanity
337
Slavery
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
Pleasure Interest Happiness Utility
354
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
Moral Education
369

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Page 311 - Africanus, res publica res populi, populus autem non omnis hominum coetus quoquo modo congregatus, sed coetus multitudinis iuris consensu et utilitatis communione sociatus.
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 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 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 339 - Jus naturale est, quod natura omnia animalia docuit: nam jus istud non humani generis proprium, sed omnium animalium, quse in terra, quae in mari nascuntur, avium quoque commune est.
Page 69 - 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.
Page 257 - Some 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*.
Page 67 - And this is the case of the slayer, which shall flee thither, that he may live : Whoso killeth his neighbour ignorantly, whom he hated not in time past ; 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 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 330 - 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...

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