Two Books of the Elements of Universal Jurisprudence. Samuel Pufendorf

Чтение книги онлайн.

Читать онлайн книгу Two Books of the Elements of Universal Jurisprudence - Samuel Pufendorf страница 11

Two Books of the Elements of Universal Jurisprudence - Samuel Pufendorf Natural Law and Enlightenment Classics

Скачать книгу

tends immediately and directly to the advantage of individuals as such. In the political status matters directly concerning men’s civil society as such are handled by public authority [autoritate]. The ecclesiastical status claims as its own the service of the <16> divine, which is to be exercised especially for the welfare of society. For although ecclesiastical persons care also for the salvation of individuals, nevertheless it is for the good of society, or the commonweal, that a particular status has been assigned them.

      The economic status handles, for the advantage of individuals as such, matters which have their use in communal life. The common seed-bed, as it were, of these is the scholastic status, in which minds are imbued with a liberal culture. Entering into details one meets a number of particular statuses, which any one will find easy to reduce to their proper classification.

      Determinately considered, a status is either honourable or less so. The former we commonly call office; it is that status in which a person, primarily by an intellectual effort, and accompanied with a certain degree of dignity, is expected to accomplish something for another’s advantage. The latter we call service; in it a person, without an accompaniment of dignity, and primarily by a physical effort, is expected to furnish something for another’s advantage.

      Status of time can also be divided into (2) majority, a status in which someone is reckoned as being able to attend to his own affairs in his own way; and minority, in which one has need of a tutor or guardian. The limits of this status vary among different peoples. <18>

DEFINITION IV

      Public persons are either ecclesiastical or political, and these are either principal or less principal. Among principal persons some rule the state with supreme authority, such as emperors, kings, princes, or by whatever name they are listed in whose hands is supreme sovereignty. Some exercise a part of sovereignty, by an authority delegated by majesty, and these are called by the general word magistrates. Their names are different in different states. Less principal persons are those who, without exercising authority, let out their services to princes or magistrates; among these, attendants and bailiffs occupy the lowest place, and last of all come executioners. From association with these last, although they are not branded with any legal infamy, even men who are but slightly more worthy commonly turn away; and this they do primarily because the habits of these men are very generally apt to correspond to their ministrations, which are associated with a certain degree of severity and unseemliness, or else because only mean spirits betake themselves readily to that kind of life.

      In war officers of higher and lower rank correspond to magistrates. Under them are private soldiers who are also listed among public persons, because by the highest civil authority they are directly or indirectly authorized to carry arms for the state. This is understood to be the case when they take the oath of allegiance or are sent forth by the special command of their superiors to undertake the operations of warfare.

      A special kind of political persons also can be constituted of those <19> whom you might call representatives. These are equipped with power [potestate] and authority [autoritate]

Скачать книгу