Universal Right

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Rodopi, 2000 - Philosophy - 825 pages
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This book is the first translation from Latin into English of the juridical writings of one of the greatest minds of the Enlightenment and one of the greatest figures in Italian philosophy. The complete text is fully annotated, supplied with an extensive introduction, completed by historical and biographical documents, and graced with evocative illustrations. Legal scholars, philosophers, historians, and political scientists throughout the world may now discover a classic by one of the world s great jurists. Giambattista Vico (1668-1744) spent his entire life in Naples, where he taught at the University of Naples from 1699, the year he won the Chair of Rhetoric and Forensic Eloquence, to 1741, the year Gennaro Vico, his son, took over the duty of lecturer. In 1723, after having written the Universal Right, he competed, though without success, for the Chair of Civil Law, at the same University. He wrote the Universal Right in Latin, the official and universal language of scholarly works, to prove his competency in the field of law and jurisprudence. The Universal Right had a continuous relevance to the development and growth of juristic studies, both in Italy and in Europe, where it was translated into French and German. From the eighteenth to the twentieth century, the Universal Right influenced the writings and teaching of the practitioners of the Forum Emmanuele Duni, Antonio Genovesi, Jules Michelet, Francesco Lomonaco, Mario Francesco Pagano, Gian Domenico Romagnosi, Cesare Lombroso, Pasquale Galluppi, Cesare Beccaria, and, among the many recent jurists, Emilio Betti, who taught in Italy and Germany, the author of Allgemeine Auslegungslehre als Methodik der Geisteswissenschaften. Due to the influence of Benedetto Croce s disapproving interpretation, the Universal Right remained often overshadowed by the New Science in its three editions of 1725, 1730, and 1744. As we start the twenty-first century, scholars are by-passing Croce s statement, and are looking at the Universal Right with due objectivity and renewed interest. While the New Science has been available since 1948, the Universal Right appears now, for the first time, in English, the contemporary universal language. Contrary to the opinion of some scholars, Vico, in the New Science, stated that he did not regret having written the Universal Right; he used the copy in his possession as a reference manual for all the works written afterward, until 1735. Andrea Battistini wrote, When an English translation of the Diritto universale [Universal Right] is available, which will be able to rectify the trend toward contemporary relevance with a greater sense of historicity through an emphasis on the debt to Roman jurisprudence, one will finally arrive at a synthetic overall view, obscured today by the numerous specialized analyses. At all events, however, it is to be hoped that the multiplicity of voices, the dialectical battle of interpretations and the duel between historicity and contemporary relevance do not subside . Isaiah Berlin stated that, Vico was not read, and, thus, his ideas were the treasure-trove in the hands of a few specialists and, in like manner, they remained to our day. Other scholars have mentioned the copiatori di [copycats of] Vico when speaking about the history and transmission of ideas. In regard to Universal Right, contemporary research and writing is pale and scarce, given the unavailability of translations and the difficulties of the original."
 

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Contents

Dedication Vil List of Illustrations
xxi
Foreword by Alain Pons iii
xxv
The Memal Life of Giambattista Vico An Assumed Chronology1
liii
Summary of the Oration of 1719
lix
BOOK
lxxvi
The One Principle and the One End of Universal Right 1September 17201
2
Dedication to Francesco Vemura Works Prologue
3
Notes to Works Prologue
13
The Secret Jurisprudence of the Romans
147
Chapter 168 On Heroic Characters
148
The Fas Gemium
149
Chapter 170 On Heroic Etymology
152
The Roman Patricians Alone Were Jurists
153
Chapter 172 In the Good Free Republic All Senatusconsults Were About Public Right
157
Chapter 174 The Benefits of the Arcane Right
161
Chapter 176 The Law of the Twelve Tables Is the End and the Source of Roman Right
162

Beginning
23
Notes to Beginning
24
Part One of Book One Chapters 1861
27
Chapter 1
29
Chapter 10 The Imegral Nature of the Human Being
30
Chapter 11
31
Chapter 18 Honestas Defined
32
Chapter 30 On Being a Fool
34
Chapter 32 On Revealed Theology
35
Dianoetic and Ethical Virtues
36
Chapter 40 Divine Origin of Virtue
37
Chapter 44 Right Is in Nature
38
Utilitas Is the Occasion and Honestas Is the Cause of Right and Human Society
39
Definition of Natural Right
40
The Cognition of Our Social Nature Is the Foundation of Human Society
41
One of Truth and Another of Equal Utilitas
42
Chapter 52 The Three Precepts of Right Derived from the Cognitio and Cognatio of Nature
44
Chapter 55 Truth Is the Source of All Natural Right
45
What Is Meam by Suum Ones Own
46
On the Double Proportion 4S Chapter 62 Directing and Equalizing Right
48
Chapter 63 Directing and Equalizing Justice
49
Chapter 64 The Directing and Equalizing Rights and Justices Are Doctrinally Distinct but Practically United
51
On Pardon Penalty and Imputation
52
On Punishmems in Both Societies
54
Chapter 70 Particular and Universal Justice Are Two in Theory but One in Practice
56
Chapter 73 One Is the Source of Necessary Right
57
Chapter 76 Use of the Natural Rights Division
60
Matter and Form of Every Volumary Right
61
Eternal Rigor of Natural Right
62
Chapter 82 The True and the Certain of the Laws
63
Chapter 84 The Pragmatics of Law and the Philosophers of Law
64
Chapter 86 Divine Origin of Dominion Liberty and Tutelage
65
Part Two of Book One Chapters 87166
67
The Sources of All Commonwealths
69
New Name for Natural Authority
70
Chapter 94 Authority Itself Is Born from Reason
71
The First Original Acquisition of Rights
72
Chapter 100 On the Right of the Greater Gemes
73
On Economic Authority
75
Family the First Rudimemary Commonwealth
76
Chapter 104 Cliemele the Second Rudimemary Commonwealth
77
Chapter 105 Cause and Occasion of Commonwealths
82
Chapter 108 On Eminem Domain Civil Liberty and Supreme Imperium
84
Chapter 110 On Civil Authority
85
Civil Power as the Image of God
86
Chapter 114 Pure Civil Right
87
Causes of the Certaimy of Right
88
Chapter 118 Common Civil Right
89
Third Original Acquisition of Rights
90
Chapter 123 The Right of the Roman Quirites
91
Chapter 124 The Right of the Roman Quirites Tells the Fable of the Ius Gemium
92
Chapter 125 Through the Fable of the Jus Gemium the Civil Right Approaches the True
93
The Agrarian Law Was the First Civil Law
94
Chapter 128 The Optimal Right of the Romans
95
The Right of the Quirites Was a Kind of Feudal Roman Right
96
Chapter 130 Quirites Was the Appellation of the Civil Power of the Romans
98
Chapter 132 The Right Was Established by the Presence of the Civil Power
99
Chapter 134 The Common Civil Right Was the Tradux Linking the Right of the Greater to That of the Lesser Gemes
100
Chapter 136 The Natural Right of Gemes and the Natural Right of Philosophers
102
The Natural Right of the Gemes Proprium and Proprio Minus
104
Chapter 138 The Three Pure Forms of Commonwealths
105
Why the Forms of Pure Commonwealths Are Three
106
Chapter 140 Fundamemal Law of Every Pure Commonwealth
107
Customs and Laws
110
Chapter 144 Ordo Nascendi or Nature of Pure Commonwealths
111
Chapter 145 The Forms of the Commonwealths Derive from the Nature of the Peoples
112
Chapter 146 The Justice of the Commonwealths Derive from Their Own Nature
113
Who Has the Jurisdilio Within Each of the Pure Forms of Commonwealth?
115
On the First Laws
116
Plebiscita and Plebisscita
121
Divine Origin of Pure Commonwealths
123
Chapter 152 The Orders
124
Chapter 153 Conservation Corruption Reformation and Fall of Commonwealths
127
Chapter 154 Laws Are Amended in the Same Way That Commonwealths Are Reformed
128
Chapter 156 The Divine Circle of Right
130
Mixed Commonwealths
132
Chapter 158 The Leges Sacratae
133
Way of Distinguishing the Nature of Mixed Commonwealths
135
Chapter 160 The Royal Law or Lex Regia
137
The Authority of the Senate in the Roman Free Republic Mixed With Optimates
138
Chapter 162 Origin of the Phrase Senatus PopulusQue Romanus
140
Chapter 164 The Senatusconsults in a Free Republic Mixed With Optimates
141
Chapter 165 The Auctores luris
143
Part Three of Book One Chapters 167222
145
Chapter 178 Definition of Anciem Jurisprudence
163
Chapter 182 Anciem Right Abounds With Fictions
164
On Heroic Wisdom
165
Chapter 184 The Romans Alone Retained the Heroic Wisdom
169
Chapter 185 The Philosophy of the Jurists Derived from Heroic Wisdom
171
Chapter 186 Why the Romans Were Most Excellem in the Art of Govermnem
174
The Benevolem Jurisprudence of the Athenians and the Praetorian Right
175
Chapter 188 The Definition of Benevolem Jurisprudence
179
Laws Consuetudes and Examples According to the Nature of Commonwealths i
180
Chapter 192 The Origin of Fiefs
181
Civil and Natural Orders According to the Nature of Commonwealths ii
182
Chapter 194 Laws Ex Ordine and Extra Ordinem iii
183
Chapter 196 Judgmems Ex Ordine and Extra Ordinem v
184
Laws Senatusconsults and Judgmems Ex Ordine and Extra Ordinem in Mixed Commonwealths vi
185
Chapter 198 Direct and Useful Judgmems According to the Nature of Commonwealths vii
186
Forensic Eloquence According to the Nature of Commonwealths viii
187
Judgmems and Arbitrations According to the Nature of Commonwealths x
188
Chapter 202 Judgmems of Condemnation and of Absolution According to the Nature of Commonwealths xi
189
The Absolute and Mixed Imperium According to the Nature of Commonwealths xii
190
Punishmems According to the Nature of Commonwealths xiii
191
Chapter 205 How Benevolem Jurisprudence Developed and Became Perfect Under the Principate
193
The Senatusconsults about Private Right ii
194
The Amendmems Imroduced in the Ins Civile by the lus Praetorium iv
195
Chapter 210 The lus Optimum Constituted by the Edicts of the Praetors v
196
Chapter 2 1 The Increasing Authority of the Jurists vi
197
Chapter 212 Sects of Jurists vii
198
Chapter 213 Jurisprudence under Hadrian
201
Rights Were Born According to the Order
207
BOOK
214
The Constancy of the Jurist
220
The Guarding of Divine and Human Institutions
293
The Constancy of the Jurist
299
Chapter 4 The Truth of Christian Religion
305
Chapter 5 Which of the Metaphysical Teachings of Plato Should We Accept?
311
The War Epicurus Initiated against Metaphysics Is Unjust
312
All Heathen Philosophy concerning the End of the Virtuous Persons Is False
313
Chapter 12 The Moral Dogmas of Plato That Agree With Ours Agree also With the Christian Ones
314
Chapter 14 The Error of Epicurus in Moral Doctrine
315
Chapter 15 Correction of the Moral Dogmas of Aristotle concerning the Final Goals
316
Excellence of the Christian Civil Doctrine
317
The Principles of Right That Agree With the Christian Religion
318
Chapter 18 Epicurus Is Importune to Christian Jurisprudence
320
Chapter 20 Jurists Are More Useful than Philosophers to the Christian Religion
321
Part Two of Book Two The Constancy of Philology That Is The Guarding of Human Institutions Beginning
327
A New Science Is Essayed
329
Chapter 2 The Principles of Humanity
339
Libertas
344
Dominion
345
Tutelage
351
The Principles of Universal History
353
The Giams or the Link between Amediluvian and Postdiluvian History
355
Chapter 10 Demonstration of the First Four Epochs of Sacred History during Which Time Profane History Ran Mostly in Darkness
364
Corollaries concerning the Demonstrated Four
366
Chapter 14 Origin of Vulgar Languages and Characters
382
Chapter 18 The Elemems of Profane History
399
Under
428
All
450
Chapter 24 Aeneas as He Is Described by Virgil in the First
465
Chapter 28 Traduces through Which the Right of the Greater
479
Conclusion of This History
501
The Three Sources or Fundamemal Principles
507
Chapter 35 Against Plutarchs The Fortune of the Romans
515
What Was Accomplished With the Law of
523
Last Chapter The Wisest Jurisprudence in the World
530
Notes to The Constancy of Philology
537
BOOK THREE
615
One of the Topics Cominually Discussed
621
The Mythology of the Giams
627
Notes to Dissertation 4
648
Dissertation 5 In the Beginning Wisdom Priesthood
659
The First Colonies
666
On the Heroic Nature
671
The First Kings
678
The Heroic Kingdoms Were Kingdoms
684
Notes to Dissertation 12
690
Notes to Dissertation 13
705
The Correspondence of Giambattista Vico Jean Le Clerc and Others
713
From Vico to Bernardo Maria Giacco 9 September 1721
720
12 From Vico to Jean Le Clerc 3 October 1725
727
Works on Law History of Law and
735
The Classics
742
About the Translators and Editors
749
General Index
755
Copyright

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About the author (2000)

Giambattista Vico (1668-1744) spent his entire life in Naples, where he taught at the University of Naples from 1699, the year he won the Chair of Rhetoric and Forensic Eloquence, to 1741, the year Gennaro Vico, his son, took over the duty of lecturer.
Giorgio Pinton earned his B.A. in philosophy from the Institute of Philosophy of Gallarate, Italy, 1955, and his Ph.D. in Renaissance and Reformation Studies from the Hartford Seminary Foundation in 1972. With the late Richard E. Weingart, he prepared The Logic of Divine Love: A Critical Analysis of the Soteriology of Peter Abailard (Oxford: At the Clarendon Press, 1970). He taught at Laconia State School in New Hampshire, then philosophy at the University of Hartford from 1969 to 1976. Thereafter, having obtained a Master in Secondary Education from the University of Hartford, he taught within the Connecticut Correctional School District until his retirement in 1992. With Arthur W. Shippee, he translated Vico s inaugural orations, a book published by Cornell University Press, in 1993, with the title On Humanistic Education, and Vico s Institutiones Oratoriae, a book published by Editions Rodopi, B. V. in 1996, with the title The Art of Rhetoric. With Pierre Wolff, he translated The Spiritual Exercises of Saint Ignatius, A New Translation from the Authorized Latin Text, a book by A Triumph Classic, in 1998.
Margaret Diehl has a B.A. from Earlham College and a Master in Primary Education from the University of Hartford. She worked in New York City and Boston, teaching the unteachable. For twenty years, she taught English as a Second Language within the Connecticut Correctional School District. She retired from teaching in May 1998. However, she is continuing to direct the highly successful Drama Program: it consists of a selected group of prisoners, who, after having been properly trained, visit schools and other youth organizations, to give witness to young audiences that drugs and crime destroy happiness and satisfaction in life.

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