Institutes of Natural Law: Being the Substance of a Course of Lectures on Grotius De Jure Belli Et Pacis

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W. and J. Neal, 1832 - 596 ˹éÒ
 

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OF THE DIFFERENT FORMS OF CIVIL GOVERNMENT
58
Uncertainty of birth hinders a child from succeeding to an intestate parent
60
CHAPTER VIII
63
Why long possession necessary to claim by prescription
64
Prescription extends to incorporeal things
65
Some grounds to believe prescription to have been established by an universal law
66
What length of time gives an equitable claim by prescription
67
Prescription holds against persons unborn
68
CHAPTER IX
69
Obligation to restitution does not extend to all advantages made by the possessor
72
Goods to be restored and not returned to the seller
73
Duty towards God
75
Duty towards mankind
77
Several instances of a right in our own person
78
CHAPTER XI
80
Natural minority what
82
What right of punishment included in parental authority SS X The law of nature may in some cases allow parents to sell their children
84
CHAPTER XII
85
Promises what
87
Promises always relate to future time
88
Promises do not affect the heirs of the promiser
90
A subsequent promise cannot bind where it is contrary to a former promise
91
Promises not to be evaded by a supposed tacit condition of circumstances con tinuing the same
92
Promises of infants ideots and madmen do not bind
93
Signs of consent in promises and acceptance
94
Erroneous promises how made void
96
A mans agent may promise for him
97
What promises may and what may not be recalled when they pass through a third hand
98
Effects of acceptance by another either with or without commission
99
A mans heirs canno accept a promise for him
100
CHAPTER XIII
102
Contracts are either of partial or of mutual benefit
103
The nature and obligation of a loan of inconsumable goods
104
The nature and obligation of a commission
105
The nature and obligation of a charge
107
Contracts of mutual benefit either share the matter or make it common
108
Incapacity of either party to be obliged voids a contract
110
Equality in the previous acts relates to knowledge and freedom
111
Equality in the principal act relates to knowledge of the price
113
Equality in the matter relates to faults in the goods or errors in the price unknown to either party
114
Want of an equivalent how supplied in auctions
115
Fair price is the market price
117
Advantages by the introduction of money
118
Metals the most proper materials for money
120
Uses and rules of coining
122
Use of money varies the price of goods
123
Buying and selling
124
Letting and renting
126
Letting and hiring of labour
128
Interest for money upon what principles to be defended
129
Usury why forbidden by the Mosaic law
132
Questions relating to a loan
134
Nature of insurance
137
Mixed contracts
138
Gain and loss how adjusted in partnership
139
Contract of one parties bearing the whole loss without any share in the gain
140
Contracts how dissolved
141
Contracts of chance their nature and obligation
142
Contracts with a man to do or give what we might claim are void
143
Contracts void where the matter is unlawful
144
Obligation how restored to void contracts
145
CHAPTER XIV
146
Obligation to veracity
147
What concealments consistent with this obligation
149
Assertory oaths confirm an implied promise
151
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153
What security an oath gives of the truth of what is sworn to
154
Credit due to an idolaters oath
155
Oaths may be taken by proxy 156
156
Husbands authority whence it arises
186
CHAPTER XVI
187
Right of defence indefinite in its extent
188
CHAPTER XVII
200
26
201
Punishment what
210
What crimes are punishable by men in the equality of nature
217
Mercy or clemency how exercised
224
Obligation to punishment does not descend from the ancestor to the heir
235
CHAPTER XX
238
No man is naturally a slave
239
Causes of slavery
240
31
241
Limitations of despotism
242
Slavery how the consequence of a just war
244
Children of slaves why they follow the condition of their mother
245
32
249
Natural majority what and how to be reckoned
251
Absent members have a right to vote by proxy
253
CHAPTER II
254
Members of civil society not to leave it without consent of public
266
How far allegiance to a civil society is due from its banished members
268
CHAPTER III
270
lative power 382
272
Sovereign and supreme power what
282
How a civil constitution becomes fixed as to the legislative
290
National constitution a question of fact
296
Constitutions not necessarily democratical
316
Civil jurisdiction in respect of reparation cannot cease in fact
342
Natural principles applicable to social punishment
348
CHAPTER VI
357
damental laws
400
Controverted succession may be settled by civil laws
403
CHAPTER VII
404
Three sorts of interpretation
407
Rules of literal interpretation
408
Mixed interpretation where to be used
410
Three topics of mixed interpretation
412
Words are to be construed so as to produce a reasonable effect
413
Words of a law or other writing are to be construed by its circumstances
416
Scarce any laws but what naturally admit of rational interpretation
433
CHAPTER VIII
436
Civil liberty what
444
Civil liberty of the parts and of the whole
446
Slaves why incapable of being members of a civil society
452
Where subjection ceases right of resistance begins
453
Relation of governor and subject is a limited one
455
Resistance to the supreme power how to be understood
456
Right of resistance does not imply supreme civil power in the people
457
Opinion of Grotius explained
458
Civil judge not necessary to fix the point where right of resistance begins
477
Treason and rebellion how guarded against notwithstanding right of resistance
480
CHAPTER IX
482
A nation may be accountable for the act of one of its members
508
Members of a nation accountable for injuries done by it
516
One nation may lawfully assist another in war
519
What is lawful in war
525
Property how acquired in war
530
What prevents prisoners of war from being slaves
537
Effects of a declaration of war
538
Law of nations in respect of states that are neutral in a war
540
Privileges of ambassadors how far natural
550
Public compacts are either treaties or sponsions
555
Compacts between nations at peace or nations at war
560
Equal and unequal compacts of nations
563
Compacts of the same matter with the law of nations or of different matter
564
CHAPTER X
565
AU 81
570

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