Two Books of the Elements of Universal Jurisprudence. Samuel Pufendorf

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

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to act by some one in whose place they transact affairs with another to the same effect as though they had been handled by the same person himself. Such are ambassadors, vicegerents, plenipotentiaries, and likewise syndics. Among private persons trustees and guardians occupy an equivalent position.

      As for the ecclesiastical persons, to the extent to which any one has been brought up in some religion, it will be easy for him to take cognizance of their variety; nor can scholastic persons fail to be recognized by the learned.

      (2) Distinctions are drawn also from moral status in time, whence it comes that the treatment of a young man is different from that of an old man, and an old man may do what does not become a young man, and vice versa. So also the authority [autoritas] of an old man is different from that of a young man.

      (3) They are drawn also from the moral position in the state. Hence one man is a citizen, another a sojourner, another a resident, another an alien. As these men are bound in different ways to the state, so also they are not rated in the same way in regard to the distribution of advantages and the imposition of burdens.

      (4) Distinctions are drawn also from the moral position in the family, whence we have husband, wife, father, children, master, slave, who are as it were ordinary members; to their number the guest is sometimes added, outside the regular order.

      (5) Also from lineage, whence we have the nobleman who may be descended from an illustrious or a less illustrious family, or the plebeian. These are differently distinguished in different states.

      (6) Also from occupation, that to which each individual devotes his efforts. This is either liberal or illiberal. Here belong merchants, who make their living by the exchange of goods. In this class hucksters bring up the rear. Here likewise belong all those who attend to land, plants, or domestic animals; such as countrymen, vine dressers, market gardeners, herdsmen, &c. <20>

      In the same way a political society is either universal, as a state which is divided into different species, for example monarchy, aristocracy, and democracy, according to whether supreme sovereignty is in the hands of an individual, or a council composed of a few citizens, or of all the citizens; or particular, as a senate, a cabinet, a tribe, &c. A scholastic society exhibits the same diversity. A society in military uniform is called an army, and its parts are the legion, the troop, the cohort, the decury, the maniple, &c. Private societies are not merely families, but also what are called guilds of merchants, and of craftsmen, and the like. It would be a long task to enumerate these one by one. Let it suffice us to have touched merely upon the most salient features. <21>

DEFINITION V

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