INDEX

[Figures refer to pages of original in outer margin of translation.]

Accessions, ownership of accretionary, 72

Accessory, duty of, to make good loss or damage, 44

Accountability; see Imputability and Responsibility

Accretions, ownership of, 72

Actions, human:

division of, into legitimate and permitted, 16

imputability of, 8

involuntary, 7

nature of, 1

responsibility for, 4, 9

voluntary, 7

Addictio in diem, 86

Aggressor:

definition of, 36

right of, to self-defense after rejected repentance, 38

Agreements; see also Promises:

definition of, 82-3

division of, into unilateral and bilateral, 55

nature of, 53-4

obligation to keep, 54

subject matter of, 60-1

tacit, 56

Affiances:

classification of, 159-60

definition of, 159

division of, into real and personal, 161

equal, 160

unequal, 160-1

Antichresis, 90

Appointment, right of, 124-5, 137

Arbitration, as a means of settling disputes, 102

Aristocracy:

defects of, 127

definition of, 126

Armistices: see Truces

Army, duties of officials toward the, 163

Arrogance, a sin against equality, 49-50

Atheism:

disadvantage of, 29-30

inexcusability of, 24-5

Auction, definition of, 86

Authority, civil:

characteristics of, 130 ff.

divine origin of, 122-3

functions of, 123 ff.

methods of acquiring, 132 ff.

power of, over state property, 152 ff.

unaccountability of, 130

Barter, definition of, 85

Benefits, duty of, 51-2

Body, duty of conserving the, 31-2

Booty, permissibility of, 158

Burglars, permissibility of slaying, 38

Buying and selling, definition of, 85-6

Children, duties of, 108 ff.

Chrysippus, saying of, quoted, 50

Cicero:

De Legibus, quoted, 136

De Natura Deorum, quoted, 50

Citizens:

character of good, 116, 162

classification of, into original and adopted, 122

duties of, 161 ff.

Citizenship, loss of, 164

Commission, definition of, 84 Compact:

governmental, 121

political, 120

Compensation, — a release from obligation, 91-2

Competitions, prize, 89

Compulsion, effect of, upon responsibility, 10-11

Conjectures, use of, in interpretation of law, 94 ff.

Conscience:

doubtful, definition of, 2

probable, definition of, 2

right, definition of, 2

Consent:

method of expressing, 56

mutuality of, for agreements, 59-60

necessity of, for promises and compacts, 56

Contempt, a sin against equality, 49-50

Contract:

definition of, 82-3

dissolution of, 91 ff.

division of, into gratuitous and onerous, 83

gratuitous, lands of, 84

onerous, equality of, 83

social; see Social contract

Councilors, state, duties of, 162

Damage, duty to repair, 43

Defense, permissibility of:

of bodily members, 38

of chastity, 38

of property, 38

Democracy:

defects of, 127

definition of, 126

Deposit, definition of, 85

Digest, quoted, 16

Diplomatic representatives, duties of, 163

Dispensation, definition of, 15-16

Domain, eminent, right of, 152-3

Donation:

as a means of transferring ownership, 75

reciprocal, definition of, 85

Duties; see also the subjects and objects of duties

absolute, 42 ff.

as regards acquisition of ownership, 69 ff.

common, of humanity, 50 ff.

conditional, 53 ff.

conjugal, 104 ff.

contractual, 53 ff., 82 ff.

definition of, 1

mutual, 42 ff.

of those who take oaths, 66 ff.

of users of language, 62 ff.

toward God, 27-8

toward other men, 42 ff.

toward self, 31 ff.

Education:

duties of officials toward, 163

parental obligation toward, 111

right of state over, 125

Election, as a method of acquiring authority, 132 ff.

Eminent domain; see Domain, eminent

Environment:

dominance of will over, 5-6

effect of, upon human actions, 5

Equality, natural, of man, 47 ff.

Equity, definition of, 16

Error:

effect of, upon consent, 57-8

invincible, 3

vincible, 3

Favors:

duty of, 51

refusal of, 52

Fear:

effect of, upon agreements, 58-9

of God, 28

Forfeiture clause, 86, 90

Fraud, effect of, upon agreements, 58

God:

all-perfect, 26-7

the author of natural law, proved by natural reason, 22-3

the author of nature, 25

the existence of, proof of, 24-5

the first cause, 24-5

the founder of the universe, 25

the ruler of the world, 25-6

Governments:

defects of, 128

forms of, 126 ff.

kinds of, 121-2 Gratitude, duty of, 52

Habit, effect of, upon the will, 6

Heirs, rule of succession of, 73-4

Hiring, letting and, definition of, 86-7

Honor:

due God, 27

natural; see Reputation

Hope due God, 27

Horace:

Ars Poetica, quoted, 93

Epistulae, quoted, 50

Human action, see Action, human

Husbands, duties of, 107

Idiots, agreements of, nullity of, 56

Ignorance:

division of, into effectual and concomitant, 3

division of into voluntary and involuntary, 3

effect of, upon imputability, 10 invincible, 9

Imputability, four essential elements of, 10

Infants:

agreements of, nullity of, 56

non-accountability of, for acts, 11

Ingratitude, shametulness of, 52-3

Injury:

definition of, 17-8

permissibility of inflicting, in necessity, 40-1

through neglect or fault, duty to repair, 45

to avoid, first absolute duty, 42-3

Injustice, as an attribute of actions, 17-8

Insane:

agreements of, nullity of, 56

non-accountability of, for acts, 11

Institutes, quoted, 16

Insurance, definition of, 89

Intellect, participation of, in human action, 2

Interpretation, rules of, 93 ff.

Intoxication:

effects of, upon agreement, 56-7

effects of, upon human actions, 7

Judicial power of the state, 124

Justice:

administration, duties of officials toward, 163

as an attribute of actions, 17

as an attribute of persons, 16-7

division of, into distributive and commutative, 17

division of, into universal and particular, 17

Juvenal, Satires, quoted, 29

Knowledge of lawgiver and law, prerequisite for effect of law, 14-5.

Language:

as a proof of man's sociability, 62

duties of those who use, 62 ff.

nature of, 63-4

Law:

as the norm of human actions, 12 ff.

division of, into divine and human, 18

division of, into natural and positive, 18

essential elements of, 15

execution of, 136-7

necessity of, 136

sanction of, 15

Law, natural; see Natural law Laws, civil:

definition of, 140

obligation of, 142

relationship of, to natural law, 141, 142

sanction of, 140, 141

Letting and hiring, definition of, 86-7

Lex commissoria, 86, 90

Liberty, natural:

abandonment of, in states, 116

definition of, 100-1

Lie, definition of, 65

Life and death, power over, 143 ff.

Loan, definition of, 84, 87-8

Loss:

definition of, 43-4

duty to make good, 43

Lottery, definition of, 89

Love due God, 27

Loyalty, duty of, to rulers, 162

Luke, quoted, 10, 163

Man:

comparison of, with brute creation, 19 ff.

dignity of term, 47

proneness of, to injury, 20-1

Marriage:

essential elements of, 105

impediments to, 107

indissolubility of, 106

obligation to contract, 104-5

origin of, 104

Masters, duties of, 112 ff.

Matrimony; see Marriage

Mental reservation, obligation to avoid, 65

Mind, duty of training the, 31

Monarchy:

advantages of, 126-7

defect of, 127

definition of, 126

division of, into absolute and limited, 131

division of, into hereditary and elective, 131

methods of acquiring authority in, 132 ff.

Money:

evaluation of, 82

origin of, as a medium of exchange, 81-2

Monogamy, conformity of, with the natural law, 105-6

Mortgage, definition of, 90

Mutual help, necessity of, to man, 19

Mutuum, definition of, 87

Natural law; see also subjects related to natural law:

character of, dependent upon nature of man, 18

definition of, 21

divine origin of, 22

division of, duties under, 23-4

knowability of, 23

Nature, state of, 98 ff.

Necessity, exception of, in general laws, 39 ff.

Non-imputability:

essential elements of, 10

of acts done through invincible ignorance, 9-10

of circumstances beyond control, 9

of other's acts, 9 Norm of human actions, 12 ff.

Oaths:

binding force of, 66 definition of, 66

deliberate intention necessary for, 67

division of, 69

duties of those who take, 66 ff.

effect of, 68

form of, 66-7

interpretation of, 68-9

nature of, 67-8

Obedience:

due to God, 28

duty of, to superiors, 142,162

prerequisites of, to law, 14

reason for, to law, 14

Obligation:

bases of, 13-4

contractual, methods of dissolving, 91 ff.

definition of, 13

sanction of, 14

Occupancy:

as a requisite for ownership, 71-2

requisites for, 72

Overtures, definition of, 161

Owner, responsibility of, for acts of animals, 46

Ownership:

common, 70

definition of, 70

duties resulting from, 76 ff.

individual, 71

methods of acquiring, 71 ff.

origin of, 69-70

transfer of, by donation, 75

transfer of, by law, 73-4

transfer of, by penalty, 75

transfer of, by prescription, 75-6

transfer of, by war, 75

transfer of, by will, 74-5

Pardon, power of, 146

Parents:

authority of, origin of, 108

duties of, 108 ff.

Partnership, contract of, 88

Passions, effect of, upon human actions, 6-7

Patriarchs, authority of, 110

Peace, conditions of, 159

Penalties; see Punishment

Pirates, permissibility of slaying, 38

Pledges, nature of, 89-90

Polyandry, repugnance of, to natural law, 106

Polygamy, inferiority of, to monogamy, 106

Possession, peaceful, a duty arising from ownership, 76

Possessor, bona fide, obligations of, 76-7

Prayer due God, 28

Preparedness, military, duty of, 139

Prescription, as a means of transferring ownership, 75-6

Prices, fixing of, 80-1

Principal, responsibility of, for acts of agent, 45-6

Promises; see also Agreements:

by proxy, 62

division of, into absolute and conditional, 61

division of, into imperfect and perfect, 55

imperfect, definition of, 55

obligation to keep, 54

perfect, definition of, 55

subject matter of, 60-1

Promotion of advantage of another, duty of, 50

Property; see also Ownership:

permissibility of destroying, in case of necessity, 4

public, alienation of, 153

public, division of, into royal and state, 153

rights of state over, 152 ff

Punishment:

kinds of, 147

limits of, 144 ff.

method of determining, 146-7

modification of, 147-8

nature of, 143-4

power of, 143

purpose of, 144-5

Purchase per aversionem, 86

Raffle, definition of, 89

Reason, use of:

determination of, 57

effect of lack of, upon accountability, 11

necessity of, for consent, 56

Recall, definition of, 86

Receiver of stolen goods, obligation of, 76

Refusal, right of, 86

Regulation of men, necessity of, 21

Religion:

duties of officials toward, 162-3

natural, as a bond of human society, 29-30

natural, definition of, 24 ff.

natural, limitation of, to this life, 28-9

Reprisals, definition of, 156

Reputation:

intensive, acquisition of, 150-1

intensive, bases of, 150

intensive, definition of, 150

nature of, 148 ff.

simple, definition of, 148

simple, diminution of, 149

simple, loss of, 149-50

Responsibility; see also Accountability:

for acts of others, 8

for human actions, 4

joint, 11-2, 44-5

of owner, for acts of animals, 46

Restitution:

absence of obligation of, when injury is accidental, 45

duty of, 43 ff.

obligation of, if damage is unintentional, 46-7

Restoration to rightful owner, a duty arising from ownership, 76-7

Retractus, definition of, 86

Romans, quoted, 23

Rulers, duties of, 135 ff.

Sale, provisional, 86

Self-defense:

blameless, conditions for, 34 ff.

extent of, 35-6

permissibility of, 33

time-limit of, 35 ff.

Self-preservation:

duty of, 32

exemption from laws by reason of, 39 ff.

first law of nature, 19

Seneca, Hercules Furens, quoted, 29

Servants, duties of, 112 ff.

Servitudes, division of, into personal and real, 72-3

Simony, definition of, 79 Slaves, duties of, 112 ff.

Sleep, non-accountability for acts done in, 11

Sociability:

a fundamental natural law, 21-2

necessity of, 21

Social contract, essential elements of, 120-1

Soldiers, duties of, 163

Specific performance, right to demand, 55

State:

definition of, 121

end of, 123-4

internal structure of, 118 ff.

nature of, 123

origin of, 115 ff.

State of men:

adventitious, 104 ff.

division of, into natural and adventitious, 98

natural, character of, 99 ff.

natural, definition of, 98-9

natural, duties in, 101 ff.

State of nature; set Nature, state of

States, unions of, 129

Stolen goods, obligation of receiver of, 76

Succession:

in a monarchy, 133 ff.

intestate, 73

lineal, definition of, 134

lineal, division of, into cognate and agnate, 135

rule of, 73-4

Suicide contrary to natural law, 32-3

Sureties, definition of, 89

Taxation, right of, 125, 138, 152

Thanks due God, 28

Theft, permissibility of, in necessity, 41

Treasury officials, duties of, 164

Treaty-making, right of, 124

Truces:

definition of, 158

classification of, 158

Truth, nature of, 64-5

Ulpian, quoted, 16

Usage, reciprocal, 90

Use of reason; see Reason, use of

Usucapio, as a means of transferring ownership, 75-6

Value:

definition of, 78

foundation of, 78-9

increase of, 79-80

sentimental, 80

Vergil, Aeneid, quoted, 50

Wages, 88-9

War:

classification of, into formal and informal, 155

employment of force in, 155

just causes of, 154

measures permitted in, 157

obligation to avoid, 154

of alliance, 157

permissibility of, 154

right of making, 124, 155-6

unjust causes of, 155

Will:

as a means of transferring ownership, 74-5

dominance of, over environment, 5-6

dominance of, over habit, 6

dominance of, over passions, 6

freedom of, 4

objects of, 4-5

participation of, in human action, 4

Wives, duties of, 107


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