The Elements of Morality: Including Polity, Volume 1

Front Cover
Harper & Bros., 1845 - Ethics

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Contents

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 79 Rights separately proved 80 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
Eviction
124
Breach of Contract
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
VIRTUES AND VICES
169
Zeal Energy
175
Merriment Buffoonery
176
Virtues of the Mental Desires Art 252 Liberality Fear of Poverty
177
Virtues connected with Truth
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
English Law 187 Rape and Seduction Roman
187
Selfishness Selfdevotion
188
Inheritance
189
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
CHAP X
227
CHAP XI
235
CHAP XII
243
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
The Moral Vocabulary is a Moral Lesson
265
The common judgment is moral
266
MORAL PRINCIPLES Art
267
Operative Principles and Express Principles
268
The Principles express of Humanity Justice Truth Purity Order
269
The Principle of Earnestness
270
The Principle of Moral Ends 272 Operative Principles Spirit of Justice
271
Virtue depends on Duty 274 Duty involves conscious Thought
274
Duty becomes Virtue by repetition
275
No Heroic Duties
276
The Sense of Duty
277
Duty is determined by social relations
278
Duty gives Moral Significance to Obligations
279
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 Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant 404 Promise of Marriage 405 The unlawful Promise of ...
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 PAGE
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
OF THINGS ALLOWABLE
305
Desires to be directed by a Spirit of Justice
308
DUTIES CONNECTED WITH TRUTH 222
314
OF IGNORANCE AND ERROR
315
PROGRESSIVE STANDARDS OF MORALITY
328
Moral Rules improved by precision of Concep
334
The Duty of acting rationally
338
JUSTICE
341
And Educators
344
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
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

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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 354 - 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 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 92 - 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 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 139 - 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 401 - Introduction to Church History : being a new Inquiry into the true Dates of the Birth and Death of our Lord and...
Page 280 - Duty. 400. Though assertions, not literally true, may, by general Convention, cease to be Lies, we must be careful of trifling with the limits of such cases, and of too readily assuming, and acting upon, such Conventions. Carelessness in these matters, will diminish our habitual reverence for truth. 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 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 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.

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