A Methodical System of Universal Law. Johann Gottlieb Heineccius

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СКАЧАТЬ aim had been to solve the same problem as his contemporary Thomas Hobbes (1588–1679), the threat of anarchy following from constitutional collapse. However, Turnbull’s interest in Harrington was more the Englishman’s view of the relationship between property and political power. Harrington, he said, “reasons from natural causes in these matters, as natural philosophers do about phenomena commonly called natural ones.”³¹ Like Harrington, Turnbull argued that the ownership of property, especially of landed property, was the natural basis of power. If one man owns far more land than all others taken together, then the constitution will be that of an absolute monarchy. If a small group of people holds the greatest proportion of land, this leads either to aristocracy or a regulated monarchy. Popular government emerges when “neither one nor the few over-balance the whole people.”³² This connection between political power and property meant that Turnbull made his theory of government into a part of his theory of divine providence and justice. Any form of government which did not reflect the prevailing balance of property in a society was unnatural and had to be based on violence. It was possible for humans to influence the distribution of property, but “wherever, thro” causes unforeseen by human prudence, the balance comes to be intirely changed, it is the more immediately to be attributed to divine providence: And since God cannot will the cause, but he must also will the necessary effect or consequence, what government soever is in the necessary direction of the balance, the same is of divine right.”³³ Ultimately, the providential distribution of material goods determined the balance of power within the state.

      Thomas Ahnert

       Peter Schröder

A NOTE ON THE TEXT

      The present edition is based on the text of the 1741 London edition, which was a translation of the first edition, published in Latin, in Halle, in 1738.

      Heineccius’s and Turnbull’s notes are indicated by asterisks, daggers, and single square brackets; editorial notes within original notes are contained within double square brackets. All other new editorial notes and references are indicated by arabic numerals. The “Remarks” sections at the end of some chapters are by Turnbull.

      The original references by Johann Gottlieb Heineccius and George Turnbull are often incomplete or inaccurate. We have therefore provided the full title when a work is first mentioned by Heineccius or Turnbull, though it is not always possible to determine the precise editions they used. In the case of classical authors we refer to modern editions, unless indicated otherwise in the notes. Full publication details for works cited in the notes are provided in the bibliography to the extent that this has been possible. The exact sources of quotations and paraphrases are identified whenever possible. References to Roman civil law and the Bible are not explained in the footnotes, unless there are specific reasons for doing so. The archaic spelling of the 1741 text has been retained, though printer’s errors have been silently corrected. Page breaks in the original text are indicated by the use of angle brackets. For example, page 112 begins after <112>.

      A general note on references to Roman law: Roman civil law, the Corpus Iuris Civilis, includes the Digest, the Code of Justinian, and the Institutes. In references these texts are abbreviated as “D.,” “C.,” and “Inst.,” respectively. The rest of the reference is to the relevant book and title of a law—“1. 24. D. de ritu nupt.,” for example, refers to the laws on the rites of marriage (“de ritu nuptiarum”) in book 24 of the Digest.

ACKNOWLEDGMENTS

      We are very grateful to Knud Haakonssen for his invitation to contribute this volume to the Natural Law and Enlightenment Classics series and for his advice and support. We are also much indebted to a number of friends and colleagues for their help and encouragement and should like to thank Antony Hatzistavrou and Jenny Gibbon, in particular, for their help in identifying the sources of some Greek quotations.

BOOK I OF THE LAW OF NATURE

       A METHODICAL SYSTEM

      OF

      Universal Law:

      OR, THE

      LAWS of NATURE and NATIONS

      DEDUCED

      From CERTAIN PRINCIPLES, and applied

      to PROPER CASES.

      Written in Latin by the CELEBRATED

      JO. GOT. HEINECCIUS,

      Counsellor of State to the King of Prussia,

      and Professor of PHILOSOPHY at Hall.

      Translated, and illustrated with Notes and Supplements,

      By GEORGE TURNBULL, LL. D.

      To which is added,

      A DISCOURSE upon the Nature and Origine of MORAL and CIVIL LAWS; in which they are deduced, by an Analysis of the Human Mind in the experimental Way, from our internal Principles and Dispositions.

      Natura enim juris ab hominis repetenda natura est.¹ CIC.

      VOL. I.

      LONDON:

      Printed for J. NOON, at the White-Hart, near Mercer’s Chapel, Cheapside. MDCCXLI.

      TO

      His ROYAL HIGHNESS,

      WILLIAM

      Duke of Cumberland,

      This TRANSLATION of

      A System of the Law of NATURE and NATIONS, Written in Latin by the celebrated Jo. Got. Heineccius, Counsellor of State to the late King of Prussia, and Professor of Philosophy at Hall: With the Supplements and Discourses added to it,

      Is most humbly dedicated,

      In Veneration of His ROYAL HIGHNESS’s many great and amiable Qualities, so becoming His high Birth and exalted Rank, the suitable Care bestowed upon His Education, and the Royal Example He has daily before His Eyes, of true Greatness, and the best Use of Power,

       By His ROYAL HIGHNESS’s

       most devoted and

       most obedient Servant,

       GEORGE TURNBULL.

      PREFACE

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