The Elements of Morality: Including Polity, Volume 1

Voorkant
Harper & Bros., 1845

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Inhoudsopgave

Gratitude Resentment Malice
39
Man in Society 34 35 36 Intercourse of Men 3 The Mental Desires 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
51
50
Property is necessary The Desire of Family Society The Desire of Civil Society Mental Desires include Affections The Need of a Mutual Understandi...
52
The Moral Sentiments
53
Reflex Thought
54
The Desire of being loved The Desire of Esteem 60 The Desire of our own Approval PAGE
55
Our Reason is Ourselves 64 Passion
58
MORAL RULES EXIST NECESSARILY
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
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 ferĉ naturĉ 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 Formulĉ 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
Legacies
194
Dowry Jointure
195
Tutor Curator
196
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
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
The Spirit of Truth
225
DUTIES OF ORDER
235
INTELLECTUAL DUTIES
242
OF TRANSGRESSION
251
Interruption of Moral Progress PAGE 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 Lies of Necessity Heroic Lies Advocates Assertions 398 399 400
282
402
285
The Alexandrian Merchant Advocates Profession to be Moral Sellers Concealments
286
Implied Promise of Marriage
287
OF CASES OF NECESSITY
291
First to ones Self 409 Necessity to be rigorously understood 410 Constraint is not Necessity 411 Fear of certain Death is Necessity 412 Necessity does...
293
Death is an event in Mans moral being 418 Necessity has no
299
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 ...
300
Strong Moral Principles decide such Conflicts 423 Heroic Acts
302
Resistance to Government 424
303
CHAP XVII
305
Desires to be directed by a Spirit of Justice
308
Hence Acts are a Discipline 432 Mortification Askesis
310
Lie
314
446
320
This Error may be removeable
327
THE STATE
334
JUSTICE
341
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...
353
Equity is Equality 497 Separation of Justice and Equity 498 Equity not properly defined the judgment of a good man 499 The Prĉtors 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
370
Interpretation of Promises
377
Erroneous Promises
378
Promises released by the Promisee Unlawful Promises
379
PLEASURE INTEREST HAPPINESS UTILITY
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
MORAL EDUCATION
395
VIRTUES AND VICES 169
1

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Populaire passages

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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