A Methodical System of Universal Law (Natural Law and by Johann Gottlieb Heineccius

By Johann Gottlieb Heineccius

Heineccius's conception of common legislation used to be in lots of methods an self sustaining improvement positioned either temporally and philosophically among the sooner normal legislation culture of Samuel Pufendorf and Christian Thomasius, and the later theories of Christian Wolff, writes co-editor Peter Schroder. "While Heineccius was once prompted by way of Pufendorf, and to a lesser quantity by way of Thomasius, his common legislation thought differs in a variety of an important features. most significantly, Heineccius didn't derive the legislation of nature from human traits or human nature, as Pufendorf tried together with his suggestion of sociability. Heineccius suggestion that the legislation of nature was once completely derived from the need of God." Heineccius's "Methodical process" was once first published in 1737. George Turnbull's translation of 1742 used to be one of many first to be made and was once issued two times. Turnbull (1698-1748) used to be a key determine within the Scottish Enlightenment. His wide commentaries at the textual content current a accomplished evaluate of the subtle and wide-ranging eu discourse on traditional legislation, whereas his appended "Discourse" is a piece of self sustaining value in ethical suggestion.

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Calls the acts of conscience logismou`c, &c. thoughts excusing or accusing; and St. John, 1 Ep. iii. 21. says, if our hearts condemn us not, then have we confidence towards God, &c. So speak the Poets likewise, Prima haec est ultio, quod, se Judice, nemo nocens absolvitur: improba quamvis Gratia fallaci Praetoris vicerit urna. Juv. Sat. 13. ”]] † Virtue is always united with an earnest indefatigable care to understand the divine law. The greater progress one has made in virtue, the more ardent is this desire in his breast.

3 “As the law of nature and nations is commonly doctored, one would imagine there were two sorts of justice; one to regulate the affairs of private persons, which prevails in the civil law; the other to compose the differences that arise between people and people, which plays the tyrant in the law of nations: as if the law of nations were not itself a civil law, not indeed of a particular country, but of the world. The magistrate ought to do justice between citizen and citizen; every nation ought to do the same between themselves and another nation.

Geo. Wachter. Gloss. p. 1251 [[Wachter, Glossarium Germanicum ]], to include in it the idea of law, or the will of a superior directing human actions. † Not only is the perfection and goodness of a Being a just title to exact obedience, as is affirmed by Mos. Amyraldus Disser. de jure Dei in res creatas [[Amyraldus, De jure dei in creaturas dissertatio ]], agreeably to that well known saying of Democritus: fu´sei to` a⁄rxein oi◊kh´i¨on tw˜Ÿ d◊ krei´ssoni. Authority falls by nature to the share of what is best.

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