The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui

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The Principles of Natural and Politic Law - Jean-Jacques Burlamaqui Natural Law and Enlightenment Classics

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6. Seventh rule. In some cases possibility only, and for a much stronger reason probability, ought to determine us.

      Sect. 7. Eighth rule. To have a relish for true goods.

      Sect. 8. Our mind acquiesces naturally in those maxims, and they ought to influence our conduct.

      Sect. 9. Of obligation generally considered.

      Sect. 10. Obligation may be more or less strong.

      Sect. 11. Dr. Clark’s opinion on the nature and origin of obligation.

      Sect. 12. Monsieur Barbeyrac’s opinion concerning this subject.

      Sect. 13. Two sorts of obligations; internal and external.

      Sect. 1. The word right is taken in several particular senses, which are all derived from the general notion.

      Sect. 2. Definition of right, considered as a faculty.

      Sect. 3. We must take care to distinguish between a simple power, and right.

      Sect. 4. General foundation of the rights of man.

      Sect. 5. Right produces obligation.

      Sect. 6. Right and obligation are two relative terms.

      Sect. 7. At what time man is susceptible of right and obligation.

      Sect. 8. Several sorts of rights and obligations.

      Sect. 1. [Section number is missing in Nugent text.]

      Sect. 2. As man by nature is a dependent being, the law ought to be the rule of his actions.

      Sect. 3. Definition of law.

      Sect. 4. Why law is defined a rule prescribed.

      Sect. 5. What is understood by a sovereign, sovereignty, and the right of commanding.

      Sect. 1. First remark. The question is, in regard to a necessary sovereignty.

      Sect. 2. Second remark. There is neither sovereignty nor necessary dependance between beings perfectly equal.

      Sect. 3. Different opinions on the origin and foundation of sovereignty.

      Sect. 4. Examen of those opinions. 1. The sole superiority of power is insufficient to found a right of commanding.

      Sect. 5. 2.Nor the sole excellence or superiority of nature.

      Sect. 6. 3.Nor the sole quality of creator.

      Sect. 7. True foundation of sovereignty; power, wisdom, and goodness, joined together.

      Sect. 8. Explication of our opinion.

      Sect. 9. We must not separate the qualities which form the right of sovereignty.

      Sect. 10. Definition of subjection. Foundation of dependance.

      Sect. 11. The obligation produced by law, is the most perfect that can be imagined.

      Sect. 12. Obligation is internal and external at the same time.

      Sect. 1. Of the end of laws, either in regard to the subject, or in respect to the sovereign.

      Sect. 2. [Section number is missing in Nugent text.]

      Sect. 3. The end of laws is not to lay a restraint upon liberty, but to direct it in a proper manner.

      Sect. 4. Examen of what Puffendorf says concerning this subject.

      Sect. 5. Of the distinction of law into obligatory, and that of simple permission.

      Sect. 6. The opinion of Grotius and Puffendorf upon this subject.

      Sect. 7. The rights which men enjoy in society, are founded on this permission.

      Sect. 8. The matter of laws.

      Sect. 9. Internal conditions of a law; that it be possible, useful, and just.

      Sect. 10. External conditions of law; that it be made known; and accompanied with a sanction.

      Sect. 11. The obligation produced by law, is the most perfect that can be imagined. [Section title omitted in Nugent text.]

      Sect. 12. Whether the promise of recompence is equally capable, as the commination of punishment, to constitute the sanction of law.

      Sect. 13. Who those are whom the law obliges. Of dispensation.

      Sect. 14. Of the duration of laws, and how they are abolished.

      Sect. 15. How many sorts of laws.

      Sect. 1. In what the morality of actions consists.

      Sect. 2. Actions are, 1. either commanded, or forbidden, or permitted.

      Sect. 3. Remarks on permitted actions.

      Sect. 4. 2. Actions are good or just, bad or unjust, and indifferent.

      Sect. 5. Conditions requisite to render an action morally good.

      Sect. 6. Of the nature of bad or unjust actions.

      Sect. 7. All just actions are equally just; but unjust actions are more or less unjust.

      Sect. 8. Essential character of unjust actions.

      Sect. 9. Of indifferent actions.

      Sect. 10. Division of good and bad actions.

      Sect. 11. Of justice and its different kinds.

      Sect. 12. Of the relative estimations of moral actions.

      Sect. 13. Morality is applicable to persons as well as actions.

      PART II

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