The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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CHAPTER I
In what the law of nature consists, and that there is such a thing. First considerations drawn from the existence of God and his authority over us.
Sect. 1. Subject of this second part.
Sect. 2. [Section number is missing in Nugent text.]
Sect. 3. Whether there are any natural laws.
Sect. 4. Of the existence of God.
Sect. 5. First proof. The necessity of a self-existent and intelligent being.
Sect. 6. We must not seek for this being in this material world.
Sect. 7. Second proof. The necessity of a first mover.
Sect. 8. Third proof. The structure, order, and beauty of the universe.
Sect. 9. The world is not the effect of chance.
Sect. 10. It is not eternal.
Sect. 11. God has a right to prescribe laws to man.
Sect. 12. This is a consequence of his power, wisdom, and goodness.
CHAPTER II
That God, in consequence of his authority over us, has actually thought proper to prescribe to us laws or rules of conduct.
Sect. 1. God exercises his authority over us, by prescribing laws to us.
Sect. 2. First proof, drawn from the very relations of which we have been speaking.
Sect. 3. Second proof, drawn from the end which God proposed to himself with respect to man, and from the necessity of moral laws, to accomplish this end.
Sect. 4. Confirmation of the preceding proofs.
Sect. 5. Third proof, drawn from the goodness of God.
Sect. 6. Fourth proof, drawn from the principles of conduct which we actually find within ourselves.
Sect. 7. These principles are obligatory of themselves.
Sect. 8. They are obligatory by the divine will, and thus become real laws.
CHAPTER III
Of the means by which we discern what is just and unjust, or what is dictated by natural law; namely, 1. moral instinct, and 2. reason.
Sect. 1. First means of discerning moral good and evil, namely, instinct or inward sense.
Sect. 2. Examples.
Sect. 3. Whence these sensations proceed.
Sect. 4. Of what use they are to us.
Sect. 5. Objection: these sensations are not found in all men. Answer: 1. We find some traces of them among the most savage people.
Sect. 6. 2.We must distinguish between the natural state of man, and that of his depravation.
Sect. 7. 3.If there be any monsters in the moral order, they are very rare, and no consequence can be drawn from them.
Sect. 8. Second means of discerning moral good and evil; which is reason.
Sect. 9. First advantage of reason in respect to instinct; it serves to verify it.
Sect. 10. Second advantage: it unfolds the principles, and from thence infers proper consequences.
Sect. 11. Third advantage: reason is an universal means, and applicable to all cases.
CHAPTER IV
Of the principles from whence reason may deduce the law of nature.
Sect. 1. From whence are we to deduce the principles of the law of nature?
Sect. 2. Preliminary remarks. What we understand by principles of natural law.
Sect. 3. Character of those principles.
Sect. 4. Whether we ought to reduce the whole to one single principle.
Sect. 5. Man cannot attain to the knowledge of natural laws, but by examining his nature, constitution, and state.
Sect. 6. Three states of man.
Sect. 7. Religion: principle of the natural laws, that have God for their object.
Sect. 8. Consequences of this principle.
Sect. 9. Self-love: the principle of those natural laws which concern ourselves.
Sect. 10. Natural laws derived from this principle.
Sect. 11. Man is made for society.
Sect. 12. 1. Society is absolutely necessary for man.
Sect. 13. 2. Man by his constitution is very fit for society.
Sect. 14. 3. Our natural inclinations prompt us to look out for society.
Sect. 15. Sociability. Principles of natural laws relative to other men.
Sect. 16. Natural laws which flow from sociability.
1. The public good ought always to be the supreme rule.
2. The spirit of sociability ought to be universal.
3. To observe a natural equality.
4. To preserve a benevolence even towards our enemies. Self-defence is permitted, revenge is not.
Sect. 17. Particular consequences.
Sect. 18. These three principles have all the requisite characters.
Sect. 19. Remarks on Puffendorf’s system.
Sect. 20. The critics have carried their censures too far against him in this respect.
Sect. 21. Of the connexion between our natural duties.
Sect. 22. Of the opposition that sometimes happens between these very duties.
Sect. 23. Natural law obligatory, and natural law of simple permission. General principle of the law of permission.
Sect. 24. Two species of natural law; one primitive, the other secondary.
CHAPTER V
That natural laws have been sufficiently notified; of their proper characteristics, the obligation they