A Treatise of Universal Jurisprudence, 458. köide

John Penford Thomas

Sweet, 1829 - 447 pages

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Table of Contents

Index

GENERAL INTRODUCTION Page 1 THE attributes of God and the submission which we owe to him	1

Of the benevolence of God	4

Of the history of international law 285	5

Of moral agency	6

Definition and nature of general laws	8

Of regal succession	10

Definitions of natural civil and international law	11

The law of nature philosophically considered	13

Of written conveyances	205

Of public punishment	207

Of community of women	209

Of duelling in a state	210

Of sobriety	213

Of legal amendments	215

Of legislative digests	218

Of outlaws	220

The state of nature defined	16

Its leading principles	17

Its immediate connexion with happiness	19

BOOK I	21

OF PROPERTY Page	22

1 Definition of property	25

Nature of property	27

Of accession	28

Of property still of common right	29

Principles of common use	30

Of things lost and abandoned	31

Derivative acquisitions	32

Persons incapable of acquiring property	33

Of restitution of property 35	35

OF PERSONAL RIGHTS AND INDIVIDUAL OBLIGATIONS 1 The general rule of our duties	37

Our duties classified	38

Our duties to God	39

A mans duties as to himself	40

Our duty to mankind	42

Our right to creatures and inanimate things	45

Of personal liberty	46

OF MARRIAGE 1 Definition and nature of it	47

Wifes rights	50

duals 153	51

1 The duties of parents	57

Of the forms of oaths	93

Of the interpretation of oaths	94

Of oaths by proxy	95

Of jurors heirs	96

OF THE RIGHT OF PERSONAL DEFENCE 1 Definition and nature of it	97

Of defence of life	99

Of defence of limbs	100

Of defence of personal liberty	101

Of defence of honor and of duelling	102

OF REPARATION FOR INJURIES 1 Definition of it	105

Of accessories	106

Modes of estimating reparation	107

Losses for which reparation is demandable	108

OF PUNISHMENT 1 Definition and nature of it	111

The justice and ends of punishment	112

Requisites of it	113

Measures of it	114

Of the punishment of death	115

Of the effectuality of punishment	117

Of the persons liable to punishment	118

Of retaliation	119

Of the property of criminals	120

Of mercy	121

OF PRIVATE WAR AND PEACE 1 Definition and nature of it	123

What war is lawful	124

CHAP XV	126

The rights of proprietors of slaves	128

The rights of slaves	129

INTRODUCTION	131

OF CIVIL SOCIETY IN GENERAL 1 Definition and nature of a civil society	133

Origin of it	134

Mankind is composed of several civil societies	135

Civil subjection the result of compact	136

The duty of the members to advance the general good	138

The acts which bind the members	139

Of political equality	141

Of compulsory banishment	142

OF THE MODIFICATIONS EFFECTED BY THE LAWS OF CIVIL UNION 1 General nature of change	145

Of civil jurisdiction	147

Restraint on individual reparation and punishment	150

Of international retaliation by taking away life	152

Alterations and modifications as to property	153

Of the civil regulation of marriage	156

Of wills or testamentary dispositions	158

Of intestacy	159

Of civil minority	162

Civil protection of property of infants madmen and idiots	163

OF THE CIVIL POWER 1 Definition nature and origin of it	165

Union the bond of power	166

Of taxation	168

Of executive power	169

Of sovereign power	170

Of the general rights of sovereignty	171

Of prerogative	172

Of religious establishments	174

Of public property	176

Of the limitation and determination of the civil power	177

OF CIVIL LAWS 1 Definition of civil jurisprudence	178

Distinction between civil laws and private compacts	179

Of the proper nature of public laws	180

Civil laws generally enforced by penalties	181

Of the civil effects on promises contracts and oaths	183

Civil laws are written and unwritten	185

Of desuetude	187

The publicity of courts of justice	189

Rules of descent as to freehold estates	194

Of primogeniture	195

Of judicial evidence	200

Of courts of equity	201

Of courts of honor	204

OF THE INTERPRETATION OF LAWS 1 Definition and importance of interpretation	221

The general rules of interpretation	222

OF CIVIL SUBJECTION AND PUBLIC LIBERTY 1 Definition of subjection in general	226

Of tyranny and its deposition	247

OF SOVEREIGNS PUBLIC OFFICERS	255

Of sovereigns generally	259

The art of governing	261

Of regents	264

Of representatives	265

Of ministers of state	266

Of the judges	267

Of ordinary magistrates	268

Of other judicial officers	269

Of the clergy	270

Of the army and navy	271

Of literary dignities	273

Of the deputies of public officers	274

OF CHANGES IN POLITICAL CONSTITUTIONS 1 The civil state liable to dissolution	275

Gradual change by usage	276

Identity of a state	277

Cessation of a state	278

Of two countries vested in one sovereign	279

Of colonies	281

OF INTERNATIONAL LAW 1 Definition of it	283

Preceding rules all applicable to this branch of the work	284

certained	286

Of the equality of nations	290

Importance of the rule that states are moral persons	291

Of the independency of nations	292

Of international usage prescription and usucaption	293

Of the necessity for treaties	294

Of the essentialities of treaties	295

Of verbal treaties	296

Of the obligation and observance of treaties	297

Of the interpretation of treaties	298

Of treaties of peace	299

Royal agreements not treaties	300

Of protocols	301

Of international ceremonies as to sovereign powers	302

Of royal notifications	303

Of libels upon foreign sovereigns	304

Of royal titles	305

Of the exterritoriality of sovereigns	306

Of royal property in a foreign state	307

Of royal gifts to foreigners	308

Of the persons proper to be embassadors	309

Of the style ceremonies and audience of embassadors	311

Of embassadorial precedence	313

Of the exterritoriality of embassadors	316

Of the chapels of embassadors	318

Their claim of franchise void	319

Of the general duties and responsibility of ministers	320

Of the departure in general of embassadors	321

Proper mode of embassadors complaint	322

Of the effect of the decease of sovereigns upon embassado rial functions	323

Of the wives and children of embassadors	324

Of ministers of the third order	325

Of consuls	326

Of heralds	327

Of statemessengers	328

Of international mediation	330

Of the religious rights of a nation	331

Of missionaries	332

Of international customs	333

Of the public property territory and domain of a nation	334

Of coining considered internationally	337

Of the dismemberment of a nation	338

Of aliens as to territory and land	339

Of civil jurisdiction as to aliens	340

Of the liabilities of aliens	341

Of foreign nobles	342

Of naturalisation	344

Of the power of sovereigns over subjects abroad	345

Of banishment	348

Of public passage	349

Of the ocean	351

Of rivers liquid territorial confines and alluvion	352

Of common ports	354

Of derelict	355

Of capture	356

Of recapture	357

Of congresses	363

Of the declaration of	369

Of blockade	375

Of cartels	382

Of neutrality in general	386

Of safeguards	398

Of the glory dignity and happiness of nations	408

Form of marriage 49	409

Of the restrictions of civil laws 182	420

Right attending them	421

1 Definition and nature of guardians office	428

Our duty to observe the truth explained	435

1 Definition and nature of promises	437

Rights and obligations correlative 5 On rights and obligations generally	440

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John Penford Thomas
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John Penford Thomas
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Common terms and phrases

Żneid aliens authority bassador benefit binding body book i. c. bound breach causeless harm civil law civil power civil union claim consent considered consistent contract contrary courts declaration discretion duty embassador enemy entitled equal evil exercise exist force foreign happiness Hein honor hostile imperfect individual infliction injury Inst interests international law ject judge justice justify kind king labor law of nature legislative letters of credence liable liberty Louis XIV mankind marriage ment monarch moral nations natural law natural right necessary oaths obey object obligation observe offences owner parents party peace perfect right performance person perty political polygamy possession postliminium principle prisoners of war promise protection Puff punishment racter reason render reparation restrain royal rules society sovereign power Spav spect territory things tion treaties truth tural ture Turnb unjust unlawful unless void wrong

Popular passages

Page 25 - UniversalJurisprudence, ch. II, p. 25 : All things belonged originally to mankind in common. The benign Giver of all gifts did not distribute them to some to the exclusion of the rest of the species. In the state of a community of things the first bodily occupancy and use of so much only as human wants from time to time required. supplied the place of property. In the primitive state every man had a right not to be hindered from using whatever land or produce he had appropriated to himself and he...

Appears in 3 books from 1829-1895

Page 387 - ... the King of Sweden, and in violation of his territorial rights. This claim could not have been given by the Americans themselves; for it is the privilege, not of the enemy, but of the neutral country, which has a right to see that no act of violence is committed within its jurisdiction. When a violation of neutral territory takes place, that country alone, whose tranquillity has been disturbed, possesses the right of demanding reparation for the injury which she has sustained.

Appears in 17 books from 1829-1962

Page 156 - I perfectly agree with my brother Heath in reprobating any " distinction between malum prohibitum and malum in se, and " consider it pregnant with mischief.

Appears in 5 books from 1829-1892

Page 156 - HEATH in reprobating any distinction between malum prohibitum and malum in se, and consider it as pregnant with mischief. Every moral man is as much bound to obey the civil law of the land as the law of nature.

Appears in 11 books from 1814-1904

Page 388 - If he has shown more favour to one side than to the other, if he has excluded the ships of one of the belligerents from his ports, and hospitably received those of the other, he cannot be considered as acting with the necessary impartiality. I do not think a country showing such an invidious distinction entitled to claim in the character of a neutral State. The high privileges of a neutral are forfeited by the abandonment of that perfect indifference between the contending powers in which the essence...

Appears in 9 books from 1829-1951

Page 80 - The farmer who spends a life time upon a tract of land, tills it rationally, and leaves it in as good a condition as it was in when he...

Appears in 6 books from 1829-1886

Page 26 - ... the place of property. In the primitive state every man had a right not to be hindered from using whatever land or produce he had appropriated to himself and he immediately wanted for rational use, and the bestowment of bodily labour on a thing was the only mode of acquiring a positive title to it. Agriculture could not flourish, nor its fruits be improved or ripened into maturity. Ingenuity was not sufficiently rewarded, disputes continually arose; the ingenuity and industry of man were checked....

Appears in 4 books from 1829-1895

Page 203 - ... retinue. His demands were, that all slaves should be set free ; that all commonages should be open to the poor as well as to the rich ; and that a general pardon should be passed for the late outrages. Whilst he made these demands, he now and then lifted up his sword in a menacing manner : which insolence so raised the indignation of William...

Appears in 13 books from 1800-1965

Page 117 - ... criminal, present, or refusing to appear, or even confessing his crime, or being convicted of any of those crimes which in the laws prior to these we now promulgate, and which we will have to be absolutely and entirely abolished, were styled capital.

Appears in 3 books from 1812-1848

Page 26 - The increased wants, improved agriculture, and valuable elegancies of incipient civilization gave birth to the distinctions of property. [The Tribunal thereupon adjourned until Thursday, April 20, 1893, at 11.30 o'clock am]. TWELFTH DAY. APRIL 20™, 1893 [The Tribunal convened pursuant to adjournment.] The President. Mr. Carter, will you proceed? Mr.

Appears in 3 books from 1829-1895

Bibliographic information

Pealkiri	A Treatise of Universal Jurisprudence, 458. köide A Treatise of Universal Jurisprudence, John Penford Thomas
Autor	John Penford Thomas
Edition	2
Publisher	Sweet, 1829
Original from	Oxford University
Digitized	18 sept. 2006
Length	447 pages

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