A Methodical System of Universal Law (Natural Law and by Johann Gottlieb Heineccius

By Johann Gottlieb Heineccius

Heineccius's idea of traditional legislation was once in lots of methods an self reliant improvement located either temporally and philosophically among the sooner ordinary legislations culture of Samuel Pufendorf and Christian Thomasius, and the later theories of Christian Wolff, writes co-editor Peter Schroder. "While Heineccius was once encouraged via Pufendorf, and to a lesser volume via Thomasius, his normal legislation idea differs in quite a few an important features. most significantly, Heineccius didn't derive the legislations of nature from human features or human nature, as Pufendorf tried together with his inspiration of sociability. Heineccius suggestion that the legislation of nature used to be completely derived from the desire of God." Heineccius's "Methodical method" was once first revealed in 1737. George Turnbull's translation of 1742 used to be one of many first to be made and used to be issued two times. Turnbull (1698-1748) used to be a key determine within the Scottish Enlightenment. His huge commentaries at the textual content current a complete review of the subtle and wide-ranging ecu discourse on normal legislation, whereas his appended "Discourse" is a piece of self sufficient value in ethical concept.

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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. [252] chap. xiv. Concerning pacts, to page 314. [296] 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. [309] book ii Of the Law of Nations. chap. i. Concerning the natural and social state of man, from page 1.

Paul, Rom. ii. 15. calls the acts of conscience logismou`c, &c. thoughts excusing or accusing; and St. John, 1 Ep. iii. 21. says, if our hearts condemn us not, then have we confidence towards God, &c. So speak the Poets likewise, Prima haec est ultio, quod, se Judice, nemo nocens absolvitur: improba quamvis Gratia fallaci Praetoris vicerit urna. Juv. Sat. 13. ”]] † Virtue is always united with an earnest indefatigable care to understand the divine law. The greater progress one has made in virtue, the more ardent is this desire in his breast.

3. §20. ” With respect to what is said, §22. 3 “As the law of nature and nations is commonly doctored, one would imagine there were two sorts of justice; one to regulate the affairs of private persons, which prevails in the civil law; the other to compose the differences that arise between people and people, which plays the tyrant in the law of nations: as if the law of nations were not itself a civil law, not indeed of a particular country, but of the world. The magistrate ought to do justice between citizen and citizen; every nation ought to do the same between themselves and another nation.

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