The Elements of Morality: Including Polity, Τόμος 1

Εξώφυλλο
Harper & Bros., 1845
 

Περιεχόμενα

Theories 10 The Reason Speculative
9
THE SPRINGS OF HUMAN ACTION
10
The Understanding
11
The Intellect
12
Action
13
Intention
14
Will
15
Rules of Action
16
Means and Ends
17
Rules with Reasons
18
Chains of Rules
19
The Reason Practical
20
The Speculative and Practical Reason
21
Development of Mind
22
Instincts
23
Springs of Action Motives
24
Natural Wants
26
Artificial Wants 2 The Affections
27
Tend to Persons
28
Love
29
Kinds of Love
30
Anger
31
Gratitude Resentment Malice
32
Man in Society
33
Intercourse of
34
Tend to Abstractions
35
Memory and Imagination
36
Good Hope and Fear
37
Separation of Mental Desires Instincts
38
The Desire of Safety
39
Instinct of Selfpreservation
40
Desire of Security
41
Desire of Liberty
42
Men at Enmity
43
The Desire of Having
44
Things and Persons
45
Property is necessary
46
The Desire of Family Society
47
The Desire of Civil Society
48
Mental Desires include Affections
49
The Need of a Mutual Understanding
50
Promises are necessary
51
The Desire of Superiority
52
Desire of Equal Rules
53
The Desire of Knowledge
54
Knowledge and Reason
55
Approbation and Disapprobation
56
RIGHTS IN GENERAL
57
THE RIGHTS OF THE PERSON
64
Excusable Homicide 116 Dangerous Games 117 Selfdefense 118 Manslaughter 119 Murder 120 Justifiable Homicide 121 Nocturnal Thief 122 Prov...
68
Right relatively used 71 Refers to a superior
71
Right absolutely used
72
The Supreme Good
73
Ought Duty
74
Why Ought
76
Man a Moral Being
77
Rights must exist
78
Rights separately proved
79
Five Primary kinds of Rights
80
Wrong Injury
81
Rights are Realities
82
Punishment
83
Rights and right
84
Obligation
85
Obligation and Duty
86
Obliged and Ought
87
Obligation and Moral Claim
88
Perfect and Imperfect Obligation
89
THE RIGHTS OF CONTRACT Art 157 Contracts to be enforced 158 Promises and Contracts
90
Nude Pacts 160 Consideration
91
Duress
92
Contracts of Minors
93
Will English 193 Entail 194 Legacies 195 Dowry Jointure 196 Tutor Curator 197 Guardian
111
Lawful Marriage 199 Roman Forms of Marriage 200 English Forms of Marriage
113
Religious Ceremony of Marriage 202 Divorce in Roman Law 203 Divorce in English Law 204 Concubinage
116
THE RIGHTS OF GOVERNMENT OR STATE RIGHTS
117
Patriarchal Government 208 National Government 209 The Supreme Authority
118
OF VIRTUES AND DUTIES PAGE
129
Money
131
Property in Land
132
Real and Personal Property
133
Owner and Tenant
134
Ryots Serfs Métayers Farmers
135
Feudal System
136
Its present influence
137
Quiritarian Ownership
138
Equity not properly defined the judgment of a good
141
Title Conveyance Remedies
142
Trespass
143
Dominium Eminens
144
Public Property
145
Res Nullius
146
Incorporeal Property
147
Feudal Services
148
Animalia feræ naturæ
149
Treasure Trove
151
257
156
Contracts void by Fraud
163
Formulæ of Contracts
164
Nominate Contracts
165
Breach of Contract PAGE
175
Reverence for Superiors is a Duty
176
Institution of Marriage to be upheld 177 National Sentiment respecting Marriage
177
The Family
178
Jewish Marriage
179
Greek Marriage
180
Roman Marriage
181
English Marriage
182
Husband and Wife
183
Adultery
184
Rights over Children Roman
185
English
186
Rape and Seduction Roman
187
We are approved or condemned for our Affec tions
188
DUTIES RESPECTING PROPERTY AND OTHER
192
DUTIES CONNECTED WITH PURITY
201
Constitution The Executive Function
210
The Judicial Function
211
Rebellion Treason
213
International
214
Government de Jure and de Facto
215
Legislative Body
216
Fact of Law and Idea of Justice to be brought together
217
Law and Justice cannot exist separately
218
Law is a means of Moral Education
219
Jural Discipline of the Romans
220
Influence of Justice on
221
Law leads to Morality
222
Other Classes of Rights
223
Defamation in Roman and English
224
Conscience not an Ultimate Authority 369 May be erroneous
239
CASES OF CONSCIENCE RESPECTING TRUTH
242
Interpretation of Promises 378 Erroneous Promises
244
Promises released by the Promisee 380 Unlawful Promises
245
but the Relative Duty is violated
247
Promises which become unlawful 383 Which Promisee does not think unlawful 384 Electors Promise 385 Promise to a Representative 386 Promise t...
251
Should the Promise be given? 392 Analogy of the Law 393 Lies
253
Falsehoods under Convention 395 To be carefully limited 396 Lie to conceal a Secret 397 Lie to preserve a Mans Life 398 Lies of Necessity
256
Heroic Lies 400 Advocates Assertions
257
The unlawful Promise of Marriage 406 Implied Promise of Marriage
264
The Moral Vocabulary is a Moral Lesson
265
Trusts
272
CHAP V
274
408 First to ones Self 409 Necessity to be rigorously understood 410 Constraint is not Necessity 411 Fear of certain Death is Necessity 412 Necessity ...
275
Strong Moral Principles decide such Conflicts 423 Heroic Acts
277
Resistance to Government
278
OF THINGS ALLOWABLE
279
Is not lightly to be extended 427 Some things are Indifferent 428 But many of these only at first sight 429 The selection is to be directed by Moral C...
283
Hence Acts are a Discipline 432 Mortification Askesis 433 Not ascetic but spontaneous Virtue is required 434 Discipline of the Intellect
286
Advocates Profession to be Moral 402 Sellers Concealments 403 The Alexandrian Merchant
290
May be unavoidable
291
but care is needed 441 Their consequences to be redressed 442 If they arise from Negligence are defects 443 But they may palliate actions 444 Ignor...
293
We can cultivate our Affections by thoughts of Duty
294
By unfolding conceptions of Virtues
295
By unfolding the notion of doing Good
296
By acts of Duty
297
We have never done all that is possible
298
Our Moral Culture is a Duty
299
Our Moral Progress never terminates
300
It is our Duty to cultivate Gratitude
303
The greatest interruptions are the greatest transgressions
304
The Duty of Moral Culture adds to other Duties
305
Moral Perfection is our greatest Good
306
JUSTICE
315
EQUITY
327
The Prætors power did not disregard the Law 500 Equity not properly defined as abating the rigour of the Law 501 Equity does supply some defects...
331
Equitas sequitur legem
333
In equali jure melior est conditio possidentis 506 Qui sentit onus sentire debet et commodum 507 Other Maxims
334
The Natural Rights of
335
Whether all men are born equal 510 All men are moral beings
336
Not Superseded by right Intention
337
The Duty of acting rationally
338
The Duty of acting according to Rule
339
The Duty of Wisdom
340
Conceptions to be defined
341
The Duty of Intellectual Culture
342
Especially for Legislators
343
And Educators
344
Slavery ancient and modern 521 Definitions of Slavery 522 It is contrary to Morality 523 May be excusable in early stages of progress 524 Is conde...
345
OF TRANSGRESSION Art 345 Our highest object is Intellectual and Moral 346 Progress
346
Such progress is possible
347
Can never terminate
348
Transgression
349
Temptation
350
Resistance
351
Degrees of Guilt
352
Measure of Guilt
353
Interruption of Moral Progress
354
Repentance
355
Amendment
356
Not necessarily sufficient Amendment must be immediate PAGE 216
357
What is Conscience? 360 Synteresis Syneidesis
360
Conscience the
361
Conscience the Witness
362
Conscience the Punisher
363
To act against Conscience is wrong
364
Is to act according to Conscience always right?
365
Conscience to be enlightened and instructed
366
Aid of Religion needed 234
367
MORAL EDUCATION
369

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Σελίδα 103 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Σελίδα 66 - And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death.
Σελίδα 67 - As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die ; he shall flee unto one of those cities, and live...
Σελίδα 345 - A slave is one who is in the power of a master to whom he belongs. The master may sell him, dispose of his person, his industry and his labor. He can do nothing, possess nothing, nor acquire anything but what must belong to his master.
Σελίδα 104 - In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries: and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.
Σελίδα 92 - A good consideration is such as that of blood, or of natural love and affection, when a man grants an estate to a near relation: being founded on motives of generosity, prudence, and natural duty; a valuable consideration is such as money, marriage, or the like, which the law esteems an equivalent given for the grant:^ and is therefore founded in motives of justice.
Σελίδα 104 - The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer.
Σελίδα 115 - For the canon law, which the common law follows in this case, deems so highly and with such mysterious reverence of the nuptial tie, that it will not allow it to be unloosed for any cause whatsoever, that arises after the union is made.
Σελίδα 257 - Octavius to be killed, declaring himself to be Brutus. So far as such acts come under the Moralist's notice, they must be considered under a special head ; for Heroic Virtue, as we have already said, is beyond the range of the Rules of Duty. 400. Though assertions, not literally true, may, by general Convention, cease to be Lies, we must be careful of trifling with the limits of such cases, and of too readily assuming, and acting upon, such Conventions. Carelessness in these matters, will diminish...
Σελίδα 107 - English law likewise justifies a woman killing one who attempts to ravish her: and so too the husband or father may justify killing a man who attempts a rape upon his wife or daughter : but not if he takes them in adultery by consent, for the one is forcible and felonious, but not the other.

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