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 - International law - 596 pages
 

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Contents

CHAPTER III
20
Property can now only be acquired by occupancy
25
Page
27
Mr Lockes opinion examined
29
CHAPTER IV
34
Services or limitations in respect of use
35
Limitations in respect of disposal
37
CHAPTER V
38
The right to take wild beasts c may be restrained as to its exercise
40
Right of extreme necessity sets aside property
41
Right of extreme necessity subject to three limitations
42
Right of harmless profit on what founded
43
Such right is precarious in its exercise
44
CHAPTER VI
46
CHAPTER VII
50
Derivative acquisitions to satisfy a claim how made
51
Inheritance does not arise from the general consent of all mankind
54
In the introduction of intestate successions a regard is had to a mans personal duty
55
Children why preferred to parents in intestate successions
56
Philo is mistaken in his interpretation of the Mosaic law
58
Order of succession may be varied by civil laws
59
Uncertainty of birth hinders a child from succeeding to an intestate parent
60
Law of nations wrongly explained by Grotius
61
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
No obligation to restitution where the tiling has perished
71
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
VTH Several instances of a right in our own person
78
CHAPTER XI
80
Making a thing produces no property but by occupancy
81
Acquisitions are either original or derivative
82
CHAPTER XII
85
Promises what
87
Promises of giving the same in effect as promises of doing
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
All 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 cannot accept a promise for him
100
CHAPTER XIII
102
Contracts are either of immediate or future performance
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 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
XXTTI 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 low how adjusted in partnership
139
Partnership mixed with insurance
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 I43 XXXIX Contracts void where the matter is unlawful
144
Obligation how restored to void contracts
145
CHAPTER XIV
146
Oath is void when the pact is so with which it is joined
158
Oath to a robber is binding
159
Effect of an oath does not extend to the jurors heirs 161
161
Defence of life
189
Defence of limbs or of chastity
191
Defence against slight personal injuries
192
Mistakes in matters of honour whence they arise
194
Defence of our goods 19fi
195
CHAPTER XVII
200
Accessories to an iniury obliged to male reparation
204
Damages how to bo demanded from a number of principals
205
Reparation due for the consequences of an unlawful act
206
Reparation for maiming wounding beating unjust imprisonment
207
Reparation for adultery or debauching a woman
208
CHAPTER XVIII
210
What crimes are punishable by men in the equality of nature
217
What guilt is
218
How guilt is estimated
219
Measure of punishment how adjusted
221
Mercy or clemency how exercised
224
How the goods of a criminal are affected by punishment
226
Accessories to a crime punishable
228
Those who have no share in a crime not punishable
229
Obligation to punishment does not descend from the ancestor to the heir
235
CHAPTER XIX
236
CHAPTER XX
238
No man is naturally a slave
239
Causes of slavery
240
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
BOOK II
249
Upon an equality of voteB nothing is done
250
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
Effect of civil laws on the promises contracts or oaths of kings who have legis lative power 382
272
213
274
A Prerogative what
279
Civil and military force how distinguished
281
CHAPTER IV
282
Titles or appearances do not determine the nature of a constitution
316
Tenure of civil power to be distinguished from the power itself
317
Promise or oath of a king may limit his power
322
Mixed constitutions
325
Civil constitutions may be altered
326
CHAPTER VI
357
SS7 359
361
36i 363
363
865
366
XXL In some constitutions the civil laws of succession to the crown cannot be fun 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
Words are to be construed agreeably to the subject matter
411
Words are to be construed so as to produce a reasonable effect
416
Strict and large interpretation what
420
Meaning of the writer how extended by rational interpretation
421
Meaning of the writer how restrained by rational interpretation
422
Scarce any laws but what naturally admit of rational interpretation
433
CHAPTER VIII
436
Civil subjection of the parts and of the whole
441
What sort of subjection implied in the notion of a province
444
Civil liberty of the parts and of the whole
446
Relation of governor and subject is a limited one
456
Right of resistance does not imply supreme civil power jn 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
Property either general or particular 3S XIV How far property ceases by dereliction or by extinction of the proprietors 33
491
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 551
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
Equal and unequal compacts of nations 56S XXIV Compacts of the same matter with the law of nations or of different matter
564
CHAPTER X
565

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Page 430 - For ye have the poor with you always, and whensoever ye will, ye may do them good ; but me ye have not always.
Page 475 - Thinkest thou that I cannot now pray to my Father, and he shall presently give me more than twelve legions of angels ? But how then shall the scriptures be fulfilled, that thus it must be?
Page 133 - Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury: unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury...
Page 474 - But when they persecute you in this city, flee ye into another: for verily I say unto you, Ye shall not have gone over the cities of Israel, till the Son of man be come.
Page 469 - For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good. and thou shalt have praise of the same: for he is a minister of God to thee for good.
Page 425 - 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...
Page 226 - If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
Page 471 - Submit yourselves to every ordinance of man for the Lord's sake: whether it be to the king, as supreme; or unto governors, as unto them that are sent by him for the punishment of evildoers, and for the praise of them that do well.
Page 30 - I think it will be but a very modest computation to say, that of the products of the earth useful to the life of man, nine-tenths are the effects of labour...
Page 422 - And if a man shall open a pit, or if a man shall dig a pit...

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