By J. J. BURLAMAQUI,
COUNSELLOR OF STATE, AND LATE PROFESSOR OF NATURAL AND CIVIL LAW AT GENEVA.
TRANSLATED [IN 1752] INTO ENGLISH BY MR. NUGENT.
FIFTH EDITION, CORRECTED.
PRINTED AT THE UNIVERSITY PRESS,
BY W. HILLIARD, AND SOLD AT HIS BOOKSTORE,
AND BY THE BOOKSELLERS IN BOSTON.
Which treats of the original and nature of civil society, or sovereignty in general, of its peculiar character, modifications, and essential parts.
|CHAP. I.||CONTAINING some general and preliminary reflections, which serve as an introduction to this and the following parts.||9|
|CHAP. II.||Of the original of civil societies in fact.||13|
|CHAP. III.||Of the right of conveniences with regard to the institution of civil society, and the necessity of a supreme authority; of civil liberty, that it is far preferable to natural liberty, and that the civil state is of all human states the most perfect, the most reasonable, and consequently the natural state of man.||16|
|CHAP. IV.||Of the essential constitution of states, and of the manner, in which they are formed.||23|
|CHAP. V.||Of the sovereign, sovereignty, and the subjects.||29|
|CHAP. VI.||Of the immediate source and foundation of sovereignty.||33|
|CHAP. VII.||Of the essential characters of sovereignty, its modifications, extent, and limits.||38|
|1.||Of the characters of sovereignty.||38|
|2.||Of absolute sovereignty.||41|
|3.||Of limited sovereignty.||44|
|4.||Of fundamental laws.||46|
|5.||Of patrimonial and usufructuary kingdoms.||50|
|CHAP. VIII.||Of the parts of sovereignty, or of the different essential rights, which it includes.||51|
In which are explained the different forms of government, the ways of acquiring or losing sovereignty, and the reciprocal duties of sovereigns and subjects.
|CHAP. I.||Of the the various forms of government.||55|
|CHAP. II.||An essay on this question, Which is the best form of government?||63|
|CHAP. III.||Of the different ways of acquiring sovereignty.||73|
|2.||Of the election of sovereigns.||76|
|3.||Of the succession to the crown.||77|
|CHAP. IV.||Of the different ways of losing sovereignty.||83|
|CHAP. V.||Of the duties of subjects in general.||86|
|CHAP. VI.||Of the inviolable rights of sovereignty, of the deposing of sovereigns, of the abuse of sovereignty, and of tyranny.||90|
|CHAP. VII.||Of the duty of sovereigns.||97|
A more particular examination of the essential parts of sovereignty, or of the different rights of the sovereign, with respect to the internal administration of the state, such as the legislative power, the supreme power in matters of religion, the right of inflicting punishment, and that which the sovereign has over the Bona Reipublicæ, or the goods contained in the commonwealth.
|CHAP. I.||Of the legislative power, and the civil laws which arise from it.||110|
|CHAP. II.||Of the right of judging of the doctrines taught in the state. Of the care, which the sovereign ought to take to form the manners of his subjects.||120|
|CHAP. III.||Of the power of the sovereign in matters of religion.||122|
|CHAP. IV.||Of the power of the sovereign over the lives and fortunes of his subjects in criminal cases.||130|
|CHAP. V.||Of the power of sovereigns over the Bona Reipublicæ, or the goods contained in the commonwealth.||143|
In which are considered the different rights of sovereignty with respect to foreign states; the right of war, and every thing relating to it; public treaties, and the right of ambassadors.
|CHAP. I.||Of war in general, and first of the right of the sovereign, in this respect, over his subjects.||155|
|CHAP. II.||Of the causes of war.||161|
|CHAP. III.||Of the different kinds of war.||173|
|CHAP. IV.||Of those things which ought to precede war.||184|
|CHAP. V.||General rules to know what is allowable in war.||190|
|CHAP. VI.||Of the rights, which war gives over the persons of the enemy, and of their extent and bounds.||194|
|CHAP. VII.||Of the rights of war over the goods of an enemy.||201|
|CHAP. VIII.||Of the right of sovereignty acquired over the conquered.||211|
|CHAP. IX.||Of public treaties in general.||216|
|CHAP. X.||Of compacts made with an enemy.||224|
|CHAP. XI.||Of compacts with an enemy, which do not put an end to the war.||230|
|CHAP. XII.||Of compacts made, during the war, by subordinate powers, as generals of armies, or other commanders.||236|
|CHAP. XIII.||Of compacts made with an enemy by private persons.||239|
|CHAP. XIV.||Of public compacts which put an end to war.||241|
|CHAP. XV.||Of the right of ambassadors.||247|