The Elements of Morality: Including Polity, Volume 1Harper & bros., 1847 - Ethics |
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Page xv
... Necessity . CHAP . IV . THE RIGHTS OF CONTRACT · 115 Art . 157. Contracts to be enforced . 158 . Promises and Contracts . 159. Nude Pacts . 160 . Consideration . 161. Duress . 162. Contracts of Minors , & c . 163. Contracts void by ...
... Necessity . CHAP . IV . THE RIGHTS OF CONTRACT · 115 Art . 157. Contracts to be enforced . 158 . Promises and Contracts . 159. Nude Pacts . 160 . Consideration . 161. Duress . 162. Contracts of Minors , & c . 163. Contracts void by ...
Page xxii
... NECESSITY Art . 407. Cases of extreme Danger : 408. First , to one's Self . 409. Necessity to be rigorously understood . 410. Constraint is not Necessity . 411. Fear of certain Death is Necessity . 412. Necessity does not justify , but ...
... NECESSITY Art . 407. Cases of extreme Danger : 408. First , to one's Self . 409. Necessity to be rigorously understood . 410. Constraint is not Necessity . 411. Fear of certain Death is Necessity . 412. Necessity does not justify , but ...
Page 49
... necessity of man's condition , than an object of his conscious desire . We see this necessity even in animals , especially in those which are gregarious . In their associated con- dition , they derive help and advantage from one another ...
... necessity of man's condition , than an object of his conscious desire . We see this necessity even in animals , especially in those which are gregarious . In their associated con- dition , they derive help and advantage from one another ...
Page 97
... necessity on the officer's side in order to justify him . It must appear that the culprit could not be apprehended , the prisoner could not be kept in hold , the riot could not be suppressed in any other way . 127. There is another ...
... necessity on the officer's side in order to justify him . It must appear that the culprit could not be apprehended , the prisoner could not be kept in hold , the riot could not be suppressed in any other way . 127. There is another ...
Page 99
... necessity of its existence , as a condition of hu- man society , is generally perceived , and this percep- tion gives force to the Rules by which Property is defined . These Rules are , in each particular case , supplied by the Law of ...
... necessity of its existence , as a condition of hu- man society , is generally perceived , and this percep- tion gives force to the Rules by which Property is defined . These Rules are , in each particular case , supplied by the Law of ...
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Common terms and phrases
abstract according allowable Bodily Desires bound Cardinal Virtues character Classes of Rights common conceive Conceptions Concubinage condition conform Conscience considered Contract course Cultivator death demnation Desires and Affections direct Disposition English Law Equity established exist express external faculties Family fear feel give Government habits Hence Human Action husband Ignorance and Error immoral implies kind labour land Latrocinium Love man's mankind Marriage maxims means Men's Rights mind mon language moral character moral culture Moral Precepts Moral Principles moral progress Moral Rules Moral Sentiments Moralist nation Natural Law nature Necessity objects offence operate person Polygamy positive Laws possess promise Purity Reason regard Res Nullius Right of Property Roman Law Rule of Human Rules of Action Rules of Duty slavery slaves Society spoken Springs of Action Supreme Law Supreme Rule tend term things thought tion transgression Truth Twelve Tables Usucapio Villeins violation Virtues wife wrong
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.