The Elements of Morality: Including Polity, Volume 1

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Harper & Bros., 1845 - Ethics

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Contents

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 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 The Desire of being loved
57
Our Reason is Ourselves 64 Passion
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
Right relatively used 71 Refers to a superior
71
Right absolutely used
72
The Supreme Good
73
Ought Duty
74
Why Ought I
76
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
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
Law and Morality
106
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
Wrongs against the Person Homicide
115
Nude Pacts 160 Consideration
117
Duress
118
Contracts of Minors
119
Contracts void by Fraud 164 Formule 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
The Rigits of PROPERTY
136
Law is a means of Moral Education
153
OF THE IDEA OF Moral Goodness
161
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
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
English
188
Inheritance
189
Testament Roman
190
Limited
191
Will English
192
Entail
193
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
217
Law and Justice cannot exist separately gether
218
The Spirit of Truth
225
DUTIES OF ORDER
235
INTELLECTUAL Duties
242
OF TRANSGRESSION
251
Interruption of Moral Progress 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
Moral exercises needed
268
DUTIES
274
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 Professiou 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 bo had to the persons Moral Cul ture
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
303
Or THINGS ALLOWABLE
304
Desires to be directed by a Spirit of Justice
308
DUTIES CONNECTED with Truth 222
314
May be unavoidable
315
Eviction
316
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
This Error may be removeable 455 Wilful Ignorance or Error
321
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 463 In nations and in individuals 464 Conceptions of Person Property Right CHAP XX THE S...
334
What is the State ? 466 The Conception among the Greeks 467 Among the Romans 468 In later times 469 The State is not a mere Concourse of men ...
337
JUSTICE
341
Equality Bona Fide
345
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
Stricti Juris Interpretation 175 Breach of Contract
355
Equity does supply some defects in Law in England 502 Fixed rules necessary and necessarily insuf ficient 503 Maxims of Equity
356
Ĉquitas 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
Casuistry often suspected
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
391
Analogy of the
392
Lies
393
Falsehoods under Convention
394
Moral EDUCATION
395
VOL 1

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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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