A Methodical System of Universal Law. Johann Gottlieb Heineccius

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      The author of this system of the law of nature and nations is so well known, and in so high esteem in the republic of letters, that it would be arrogance in me to say any thing in recommendation of his works. Nor need I make any apology for translating into our language so excellent a book upon a subject of such universal importance. For the knowledge of justice and equity must be owned to be necessary in some degree to every one; but to those, in a particular manner, whose birth and fortunes afford them time and means, and call upon them to qualify themselves for the higher stations in civil society. Man, and the rights and duties of man, are certainly the most proper objects of human study in general. And surely Socrates had reason to say, “That if no man can be fit to undertake a trade, how mean and mechanical soever, without having been educated to it, and bestowed some considerable time upon the learning of it, it must be absurd to think one can be qualified for discharging public trusts and duties, without having taken great pains to instruct themselves in the principles of equity, the ends and interests of civil society, and the nature, spirit, and intention of laws.” I shall only add, that every science hath its elements; and this treatise at least well deserves to be called an excellent introduction to the science of laws. As for the notes and supplements I have added, how far they are necessary, I must leave it to the reader to judge. The greater part of them relates to one question, viz. The origine of civil government, which hath not been set in its true light by any other writer besides him from whom the illustration of this point is here borrowed. The discourse upon the origine and nature of laws, is an attempt to introduce the experimental way of reasoning into morals, or to deduce human duties from internal principles and dispositions in the human mind. And hence certainly must the virtues belonging to man be deduced: hence certainly must the laws relating to the human nature and state be inferred, as Cicero in his excellent treatise of laws, has long ago told us.—Quid sit homini tributum natura, quantam vim rerum optimarum contineat; cujus muneris colendi, efficiendique causa nati, & in lucem editi simus, quae sit conjunctio hominum, & quae naturalis societas inter ipsos;—his enim explicatis fons legum & juris inveniri potest. i.e. “’Tis by discovering the qualities and powers with which men are endued by nature; and the best ends within human reach; the purposes or offices for which we are fitted and made; and the various bonds by which mankind are knit and united together, and thus prompted to, and formed for society.—’Tis only by discovering and unfolding these important matters, that the source of human rights and duties can be laid open.” I have not translated our author’s preface; because it is principally designed to shew that the Roman law can now have no other authority in deciding controversies between independent nations or states, than as it is founded upon principles of natural equity; and it is filled up with an enumeration of the titles in the civil law, some have vainly thought sufficient to determine all questions of this kind, which it would have been of very little use to have attempted to english.

      OCTOBER 28. 1740.

      CONTENTS¹

       BOOK I

       Of the LAW of NATURE.

CHAP. I. Of the origine and foundation of the law of nature and nations, from page 1. to page 16. with a supplement to page 19. containing observations upon the different senses in which obligation is taken by moralists, and the properest method of proceeding in the deduction of moral duties.

CHAP. II. Concerning the nature and distinguishing qualities or characteristics of human actions, from page 19. to page 39. with a supplement to page 40. containing remarks upon the controversy about liberty and necessity.

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.

CHAP. IV. Of the application of this rule to actions, and the differences of actions proceeding from thence to page 81. with a supplement to page 84. containing some observations upon the imputation of actions in foro divino.

CHAP. V. Of the duties of man to God, from page 84. to page 95. with a supplement to page 98. containing observations upon the evidence, certainty, and manifold usefulness of true religion.

CHAP. VI. Of the duties of man to himself, to page 120. with a supplement, to page 123. containing further remarks on the moral effects of necessity, and upon the competition between self-love and duty.

CHAP. VII. Concerning our absolute and perfect duties towards (others in general) and of not hurting or injuring others (in particular) to page 150. with a supplement to page 153. containing observations on the moral equality of mankind, and their natural inequalities, and the necessity of reasoning in morals from fact, or the real constitution of things.

CHAP. VIII. Concerning our imperfect duties to others, to page 164. with a supplement, containing observations upon the distinction between perfect and imperfect duties, and the equity and perspicuity of the golden rule, (as it is justly called) “Do as you would be done by,” to page 169.

CHAP. IX. Concerning our hypothetical duties towards others, and the original acquisition of dominion or property, to page 196. with a supplement to page 201. upon the origine, foundation, and necessary effects of property.

CHAP. X. Of derivative acquisitions of dominion or property made during the life of the first proprietor, to page 215.

CHAP. XI. Of derivative acquisitions by succession to last-will, and to intestates, to page 230.

CHAP. XII. Concerning the rights and duties which arise from property or dominion, to page 243. with a supplement upon prescription, and the distinctions used by writers on the law of nature and nations about belonging to the law of nature, directly and indirectly, &c. to page 250.

       CHAP. XIII. Concerning things belonging to commerce to page 295. with a supplement to page 299. upon usury, and the different regulations civil states may make about money.

       CHAP. XIV. Concerning pacts, to page 314.

       CHAP. XV. Concerning the means by which contracts are dissolved, to page 322. with a supplement upon pacts, and remarks upon the progress our author hath made in this first book.

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