A Methodical System of Universal Law. Johann Gottlieb Heineccius
Читать онлайн книгу.the experimental way of reasoning into morals, or to deduce human duties from internal principles and dispositions in the human mind. And hence certainly must the virtues belonging to man be deduced: hence certainly must the laws relating to the human nature and state be inferred, as Cicero in his excellent treatise of laws, has long ago told us.—Quid sit homini tributum natura, quantam vim rerum optimarum contineat; cujus muneris colendi, efficiendique causa nati, & in lucem editi simus, quae sit conjunctio hominum, & quae naturalis societas inter ipsos;—his enim explicatis fons legum & juris inveniri potest. i.e. “’Tis by discovering the qualities and powers with which men are endued by nature; and the best ends within human reach; the purposes or offices for which we are fitted and made; and the various bonds by which mankind are knit and united together, and thus prompted to, and formed for society.—’Tis only by discovering and unfolding these important matters, that the source of human rights and duties can be laid open.” I have not translated our author’s preface; because it is principally designed to shew that the Roman law can now have no other authority in deciding controversies between independent nations or states, than as it is founded upon principles of natural equity; and it is filled up with an enumeration of the titles in the civil law, some have vainly thought sufficient to determine all questions of this kind, which it would have been of very little use to have attempted to english.
OCTOBER 28. 1740.
CONTENTS1
CHAP. XI. Of derivative acquisitions by succession to last-will, and to intestates, to page 230.
CHAP. XIV. Concerning pacts, to page 314.
CHAP. XV. Concerning the means by which contracts are dissolved, to page 322. with a supplement upon pacts, and remarks upon the progress our author hath made in this first book.
BOOK II
Of the LAW of NATIONS.
CHAP. I. Concerning the natural and social state of man, from page 1. to page 18. with a supplement to page 23. in vindication of the constitution of things as they relate to mankind; and concerning the method of determining all questions about the duties of societies to societies.
CHAP. II. Of the duties belonging to the matrimonial state or society, to page 44.
CHAP. III. Of the duties that belong to parents and children, to page 63.
CHAP. IV. Concerning the duties belonging to masters and servants, to page 73.
CHAP. V. Of the complex society called a family, and the duties to be observed in it, to page 80. with a supplement in answer to those who derive absolute monarchy from family government, the origins of civil government, to page 85.
CHAP. VI. Of the origine of civil society, its constitution, qualities, or properties, to page 109. with a supplement, containing remarks on the natural causes of government, and of changes in government, to page 119.
CHAP. VII. Of sovereignty, and the ways of acquiring it, with notes interspersed relative to the measures of submission to civil government, to page 145. with a supplement to shew the true end of civil government, and to vindicate mankind from the aspersion of their being incapable of government truly equal, to page 150.