A Methodical System of Universal Law. Johann Gottlieb Heineccius

A Methodical System of Universal Law

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

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BOOK I

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Of the LAW of NATURE.

CHAP. I. Of the origine and foundation of the law of nature and nations, from page 1. to page 16. with a supplement to page 19. containing observations upon the different senses in which obligation is taken by moralists, and the properest method of proceeding in the deduction of moral duties.

CHAP. II. Concerning the nature and distinguishing qualities or characteristics of human actions, from page 19. to page 39. with a supplement to page 40. containing remarks upon the controversy about liberty and necessity.

CHAP. III. Of the rule of human actions, and the true principle of the law of nature, to page 62. with a supplement to page 65. containing observations on the different methods philosophers have taken in deducing moral obligations, and the justness of our author’s principle.

CHAP. IV. Of the application of this rule to actions, and the differences of actions proceeding from thence to page 81. with a supplement to page 84. containing some observations upon the imputation of actions in foro divino.

CHAP. V. Of the duties of man to God, from page 84. to page 95. with a supplement to page 98. containing observations upon the evidence, certainty, and manifold usefulness of true religion.

CHAP. VI. Of the duties of man to himself, to page 120. with a supplement, to page 123. containing further remarks on the moral effects of necessity, and upon the competition between self-love and duty.

CHAP. VII. Concerning our absolute and perfect duties towards (others in general) and of not hurting or injuring others (in particular) to page 150. with a supplement to page 153. containing observations on the moral equality of mankind, and their natural inequalities, and the necessity of reasoning in morals from fact, or the real constitution of things.

CHAP. VIII. Concerning our imperfect duties to others, to page 164. with a supplement, containing observations upon the distinction between perfect and imperfect duties, and the equity and perspicuity of the golden rule, (as it is justly called) “Do as you would be done by,” to page 169.

CHAP. IX. Concerning our hypothetical duties towards others, and the original acquisition of dominion or property, to page 196. with a supplement to page 201. upon the origine, foundation, and necessary effects of property.

CHAP. X. Of derivative acquisitions of dominion or property made during the life of the first proprietor, to page 215.

CHAP. XI. Of derivative acquisitions by succession to last-will, and to intestates, to page 230.

CHAP. XII. Concerning the rights and duties which arise from property or dominion, to page 243. with a supplement upon prescription, and the distinctions used by writers on the law of nature and nations about belonging to the law of nature, directly and indirectly, &c. to page 250.

CHAP. XIII. Concerning things belonging to commerce to page 295. with a supplement to page 299. upon usury, and the different regulations civil states may make about money.

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

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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.

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