The Elements of Morality, Including Polity

Voorkant
Harper & Bros., 1845
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Inhoudsopgave

The Mental Desires 35 Tend to Abstractions
40
Memory and Imagination 37 Good Hope and Fear
41
Separation of Mental Desires Instincts 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
46
The Desire of Family Society 48 The Desire of Civil Society
47
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
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
Sentiment of Rights 99 Sentiment of Wrongs
99
Ryots Serfs Métayers Farmers 136 Feudal System
103
Its present influence 138 Quiritarian Ownership 139 Title Conveyance Remedies
105
Wrongs Larcency Burglary
107
Trespass 144 Dominium Eminens
108
Public Property 146 Res Nullius
109
Incorporeal Property
110
Feudal Services 149 Animalia feræ naturæ 150 Treasure Trove
111
VOL I
112
Trusts 153 Alienation 154 Succession
113
Delivery
114
Necessity CHAP IV THE RIGHTS OF CONTRACT
115
Nude Pacts 160 Consideration
117
Duress
118
Contracts of Minors
119
Contracts void by Fraud 164 Formulæ of Contracts 165 Nominate Contracts
120
Mutuum and Commodatum 167 Repairs and Expenses 168 Debt 169 Promissory Notes and Bills of Exchange 170 Bailment
121
THE RIGHTS OF MARRIAGE
125
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
126
The Family
127
Chains of Rules
143
The Reason Practical
153
The Speculative and Practical Reason 22 Development of Mind
159
OF THE IDEA OF MORAL GOODNESS
161
Instincts 24 Springs of Action Motives
164
Eviction
172
Equality Bona Fide
173
Stricti Juris Interpretation
174
Breach of Contract
175
Zeal Energy
176
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
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
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
OF IGNORANCE AND ERROR 314
223
The Spirit of Truth 317 Spirit of Truth to be cultivated by Acts 318 Solemn Promises
225
DUTIES CONNECTED WITH PURITY
227
Error
229
Interruption of Moral Progress
256
This Error may be removeable 455 Wilful Ignorance or Error 456 Summary of Rules
259
CHAP XV
267
Duty is determined by social relations
278
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
Implied Promise of Marriage
287
OF CASES OF NECESSITY
291
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
Classification of Duties
299
Our Moral Progress never terminates
300
Strong Moral Principles decide such Conflicts 423 Heroic Acts
302
Resistance to Government
303
OF THINGS ALLOWABLE
305
Moral Perfection is our greatest Good
306
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...
308
439
314
May be unavoidable
315
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 OF ORDER 235
329
Duty of Obedience to the Laws
330
In many case the Letter not the Spirit of
331
Duties of Command
332
Public Duties
333
Political Duties of Conservation and Progress
334
INTELLECTUAL DUTIES 242
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
Concep 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
Equitas sequitur legem
357
In equali jure melior est conditio possidentis
359
Qui sentit onus sentire debet et commodum 507 Other Maxims
360
The Natural Rights of
361
SLAVERY
371
Interpretation of Promises
377
PLEASURE INTEREST HAPPINESS UTILITY
380
Extorted Promises
389
MORAL EDUCATION
395
VIRTUES AND VICES 169
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Pagina 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.
Pagina 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...
Pagina 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.
Pagina 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.
Pagina 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...
Pagina 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.
Pagina 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...
Pagina 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:):.
Pagina 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.
Pagina 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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