The Elements of Morality: Including Polity, Band 1

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Harper & Bros., 1845
 

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Inhalt

Theories 10 The Reason Speculative
9
THE SPRINGS OF HUMAN ACTION
10
The Understanding
11
The Intellect
12
Action
13
Intention
14
Will
15
Rules of Action
16
Natural Wants
26
Artificial Wants 2 The Affections
27
Tend to Persons
28
Love
29
Kinds of Love
30
Anger
31
Gratitude Resentment Malice
32
Man in Society
33
Intercourse of
34
Tend to Abstractions
35
Memory and Imagination
36
Means and Ends
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 44 The Desire of Haring
43
Things and Persons
45
Property is necessary
46
The Desire of Family Society
47
The Desire of Civil Society
48
Mental Desires include Affections
49
The Need of a Mutual Understanding 51 Promises are necessary
50
The Desire of Superiority
52
Desire of Equal Rules
53
The Desire of Knowledge
54
Rules with Reasons
57
Springs of Action operate through the Will
61
Are modified by Thought
62
Our Reason is Ourselves
63
Passion
64
CHAP XII
65
MORAL RULES EXIST NECESSARILY Art 65 Rules necessary for the Peace of Society 66 Rules necessary for the Action of Man as
66
Reason our necessary guide
67
Knowledge and Reason
68
Rules tend to unite
69
Right ADJECTIVE AND Right SUSBTANTIVE Art 70 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
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
THE RIGHTS OF CONTRACT 90 Art 157 Contracts to be enforced 158 Promises and Contracts
90
Nude Pacts 160 Consideration
91
Duress
92
Contracts of Minors
93
The Moral Sentiments
100
Rape and Seduction English Law 189 Inheritance
112
Promise of Marriage
113
Chains of Rules
117
THE RIGHTS OF THE PERSON
120
The Reason Practical
127
Money
131
Property in Land
132
Real and Personal Property
133
The Speculative and Practical Reason 22 Development of Mind
134
Ryots Serfs Métayers Farmers
135
Feudal System
136
Its present influence
137
Quiritarian Ownership
138
Instincts 24 Springs of Action Motives
139
Title Conveyance Remedies
142
Trespass
143
Dominium Eminens
144
Public Property
145
Res Nullius
146
Incorporeal Property
147
Feudal Services
148
Animalia feræ naturæ
149
Treasure Trove
151
Intellectual Virtues
156
Contracts void by Fraud
163
Formulæ of Contracts
164
Nominate Contracts
165
Mutuum and Commodatum
166
Repairs and Expenses
167
Debt
168
Promissory Notes and Bills of Exchange
169
The Sense of Duty 278 Duty is determined by social relations 279 Duty gives Moral Significance to Obligations 280 Classification of Duties
171
Bailment
172
Equality Bonâ Fide
173
Stricti Juris Interpretation
174
Breach of Contract
175
Reverence for Superiors is a Duty
176
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
We are approved or condemned for our Affec tions 294 We can cultivate our Affections by thoughts of Duty
188
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
206
THE RIGHTS OF GOVERNMENT OR STATE RIGHTS Art 206 Authority 207 Patriarchal Government
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 together
217
Law and Justice cannot exist separately
218
Law is a means of Moral Education
219
Jural Discipline of the Romans
220
Influence of Justice on
221
Law leads to Morality
222
Other Classes of Rights The Right of Reputation
223
Defamation in Roman and English
224
Conscience not an Ultimate Authority 369 May be erroneous
239
CHAP XV CASES OF CONSCIENCE RESPECTING TRUTH Art 374 Cases of Conscience 375 Casuistry often suspected 376 A Case of Conscience ...
242
Interpretation of Promises 378 Erroneous Promises
244
Promises released by the Promisee 380 Unlawful Promises
245
but the Relative Duty is violated
247
Promises which become unlawful 383 Which Promisee does not think unlawful 384 Electors Promise 385 Promise to a Representative 386 Promise t...
251
Should the Promise be given ? 392 Analogy of the Law 393 Lies
253
Falsehoods under Convention 395 To be carefully limited 396 Lie to conceal a Secret 397 Lie to preserve a Mans Life 398 Lies of Necessity
256
Heroic Lies 400 Advocates Assertions
257
The unlawful Promise of Marriage 406 Implied Promise of Marriage
264
OF CASES OF NECESSITY
265
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 ...
268
Trusts
272
Death is an event in Mans moral being 418 Necessity has no
273
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 ...
275
Strong Moral Principles decide such Conflicts 423 Heroic Acts
277
Resistance to Government
278
OF THINGS ALLOWABLE 279 Art 425
279
Is not lightly to be extended 427 Some things are Indifferent 428 But many of these only at first sight 429 The selection is to be directed by Moral C...
283
Hence Acts are a Discipline 432 Mortification Askesis 433 Not ascetic but spontaneous Virtue is required 434 Discipline of the Intellect
286
Advocates Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant
290
May be unavoidable
291
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...
293
By unfolding conceptions of Virtues
295
By unfolding the notion of doing Good
296
By acts of Duty
297
We have never done all that is possible
298
Our Moral Culture is a Duty
299
Our Moral Progress never terminates
300
It is our Duty to cultivate Gratitude
303
The greatest interruptions are the greatest transgressions
304
The Duty of Moral Culture adds to other Duties
305
Moral Perfection is our greatest Good
306
Desires to be directed by a Spirit of Justice 308 And by a Spirit of Moral Purpose
308
Duty of Moral Progress in such Spirit
309
Wealth is a means of Moral Progress
310
For poor as well as rich
311
Power to be used for Moral Culture of others
312
The State is not a mere Concourse of men 470 The State is one and perpetual 471 The State is Sovereign 472 The People is not the Source of Rights ...
313
Lie not 314 Perform Promises
314
This Duty regulated by Mutual Understanding
315
The Spirit of Truth
316
Spirit of Truth to be cultivated by Acts
317
Solemn Promises
318
Among the Romans 478 Is universal though not uniform 479 Is denoted by Jus 480 Involves historical Definitions 481 Rights cannot be founded on...
319
Principle of Purity 320 There is a Higher Part of our Nature
320
Special Duties of Purity
321
Purity of Heart to be cultivated
322
Impure Acts especially impede Moral Progress
323
Though not forbidden by
324
Seduction
325
Purity of Youth to be preserved
326
The prospect of Marriage a preservative
327
CHAP XXII EQUITY
328
Duties and Spirit of Obedience 329 Duties depend on Customs in part
329
Duty of Obedience to the Laws
330
In many cases the Letter not the Spirit of
331
Duties of Command
332
Public Duties
333
Political Duties of Conservation and Progress
334
Equity is Equality 497 Separation of Justice and Equity
335
HUMANITY
336
Not Superseded by right Intention
337
The Duty of acting rationally
338
The Duty of acting according to Rule
339
The Duty of Wisdom
340
Conceptions to be defined
341
The Duty of Intellectual Culture
342
Especially for Legislators
343
And Educators
344
Of ourselves and others
346
Such progress is possible
347
Can never terminate
348
Transgression
349
Temptation
350
Resistance
351
Degrees of Guilt
352
Measure of Guilt
353
Interruption of Moral Progress
354
Repentance
355
Amendment
356
Not necessarily sufficient
357
Amendment must be immediate
358
What is Conscience ? 360 Synteresis Syneidesis
360
Conscience the
361
Conscience the Witness
362
Conscience the Punisher
363
To act against Conscience is wrong
364
Is to act according to Conscience always right?
365
Conscience to be enlightened and instructed
366
Aid of Religion needed
367
MORAL EDUCATION
369

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Seite 311 - Africanus, res publica res populi, populus autem non omnis hominum coetus quoquo modo congregatus, sed coetus multitudinis iuris consensu et utilitatis communione sociatus.
Seite 66 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
Seite 103 - 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...
Seite 345 - 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.
Seite 339 - Jus naturale est, quod natura omnia animalia docuit: nam jus istud non humani generis proprium, sed omnium animalium, quse in terra, quae in mari nascuntur, avium quoque commune est.
Seite 69 - 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.
Seite 257 - 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*.
Seite 67 - And this is the case of the slayer, which shall flee thither, that he may live : Whoso killeth his neighbour ignorantly, whom he hated not in time past ; 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...
Seite 104 - 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.
Seite 330 - 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...

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