The Elements of Morality: Including Polity, Volume 1

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Harper & bros., 1847 - Ethics

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Contents

The Mental Desires 35 Tend to Abstractions 36 Memory and Imagination
36
Good Hope and Fear
37
Separation of Mental Desires Instincts
38
The Desire of Safety
39
Instinct of Selfpreservation
40
Desire of Security
41
Desire of Liberty
42
Men at Enmity
43
The Desire of Having
44
Things and Persons
45
Property is necessary The Desire of Family Society The Desire of Civil Society
46
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
MORAL RULES EXIST NECESSARILY
59
Rules necessary for the Action of Man as Man 67 Reason our necessary guide 68 Rules not founded in mutual fear 69 Rules tend to unite
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 I
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
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 feræ naturæ 150 Treasure Trove
111
VOL
112
Trusts 153 Alienation 154 Succession
113
Delivery
114
Necessity Chap IV THE RIGHTS OF CONTRACT Art 157 Contracts to be enforced 158 Promises and Contracts
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
121
THE Rights OF MARRIAGE
125
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
126
The Family
127
THE RIGHTS OF PROPERTY
136
Chains of Rules
143
The Reason Practical
153
The Speculative and Practical Reason 22 Development of Mind Instincts
159
OF THE IDEA OF MORAL GOODNESS
161
Springs of Action Motives
164
The Supreme Law must be positive
167
Debt
168
Promissory Notes and Bills of Exchange
169
Bailment
172
Equality Bona Fide
173
Stricti Juris Interpretation
174
Breach of Contract
175
12
177
Jewish Marriage
179
Greek Marriage
180
Testament Roman
190
Limited
191
Will English
192
Entail
193
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
Interruption of Moral Progress 355 Repentance
257
Amendment
258
OF CONSCIENCE 259 Art 359 What is Conscience? 360 Synteresis Syneidesis 361 Conscience the Law 362 Conscience the Witness 363 Conscience...
263
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 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 Promiso 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 be 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
CHAP AVII OF THINGS ALLOWABLE
304
Desires to be directed by a Spirit of Justice
308
DUTIES CONNECTED WITH Truth 222
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
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 334 463 In nations and in individuals 464 Conceptions of Person Property Right CHAP XX TH...
334
What is the State ? 466 The Conception among the Greeks 467 Among the Rom aus 468 In later times 469 The State is not a mere Concourse of men...
337
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 Prætors power did n...
355
Equity does supply some defects in Law in England 502 Fixed rules necessary and necessarily insuf ficient 503 Maxims of Equity
356
Æquitas 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
HUMANITY
367
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

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Popular passages

Page 83 - 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 121 - 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 84 - 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 86 - If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution: if he have nothing, then he shall be sold for his theft.
Page 122 - 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 122 - The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer.
Page 133 - When these are shown, the marriage is declared null, as having been unlawful ab initio, and the parties are separated pro salute animarum, that they may not endanger their Souls by living in a state of known sin. But still the Ecclesiastical Law, like the Common Law of England, grants no Divorce for any Supervenient Cause ; according to Commentators*, it deems so highly, and with such mysterious reverence, the nuptial tie, that it will not allow it to be unloosed for any cause whatever that arises...
Page 109 - A good consideration is such as that of blood, or of natural love and affection, when a man grants an estate to a near relation: being founded on motives of generosity, prudence, and natural duty; a valuable consideration is such as money, marriage, or the like, which the law esteems an equivalent given for the grant:^ and is therefore founded in motives of justice.
Page 364 - A slave is one who is in the power of a master to whom he belongs. The master may sell him, dispose of his person, his industry and his labor. He can do nothing, possess nothing, nor acquire anything but what must belong to his master.
Page 115 - ... 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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