By Johann Gottlieb Heineccius

ISBN-10: 0865974780

ISBN-13: 9780865974784

ISBN-10: 0865974799

ISBN-13: 9780865974791

Heineccius's conception of common legislations used to be in lots of methods an self sufficient improvement positioned either temporally and philosophically among the sooner traditional legislation culture of Samuel Pufendorf and Christian Thomasius, and the later theories of Christian Wolff, writes co-editor Peter Schroder. "While Heineccius was once prompted through Pufendorf, and to a lesser quantity by way of Thomasius, his normal legislations concept differs in quite a few an important features. most significantly, Heineccius didn't derive the legislation of nature from human characteristics or human nature, as Pufendorf tried together with his suggestion of sociability. Heineccius proposal that the legislation of nature used to be completely derived from the desire of God." Heineccius's "Methodical procedure" used to be first published in 1737. George Turnbull's translation of 1742 used to be one of many first to be made and was once issued two times. Turnbull (1698-1748) used to be a key determine within the Scottish Enlightenment. His broad commentaries at the textual content current a accomplished assessment of the delicate and wide-ranging ecu discourse on normal legislations, whereas his appended "Discourse" is a piece of self sufficient significance in ethical concept.

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P. 270 [[Gentili, Originum ad Pandectas liber singularis ]] has asserted, and after him Grotius, Proleg. Jur. belli & pacis, §12 [[Grotius, De iure belli ac pacis, Prolegomena, §12]]; but from the Word jubendo. For instead of Jura, the ancients used jusa or jussa. Festus, jusa, jura. [[Festus, De verborum significatu. ]] So Hieron. Magii, var. lect. 4. 1. [[Magius, Variarum lectionum. ]] In like manner, the German word Recht is shewn by Jo. Geo. Wachter. Gloss. p. 1251 [[Wachter, Glossarium Germanicum ]], to include in it the idea of law, or the will of a superior directing human actions.

To page 39. with a supplement to page 40. containing remarks upon the controversy about liberty and necessity. [30] 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. [51] chap. iv. Of the application of this rule to actions, and the differences of actions proceeding from thence to page 81.

Marcus Aurelius, Meditations, vol. ]] But this error hath been sufficiently refuted by Grotius, Proleg. jur. bell. & pac. §16. Puffendorff de jur. nat. & gent. L. 2, 3, 10, 11. and the illustrious Sam. de Coccei, de princip. jur. nat. & gent. §2, 9. * This is observed by Hesiod in that celebrated passage of his book, Oper. & Dier. v. 274. To´nde gar, &c. ]] The meaning of which is, Brute animals devour one another, because they have no idea of justice, but to men nature hath given a sense of justice, which far exalts them above the brute creation.

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


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