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Institutes Of Divine Jurisprudence (with Selections from Foundations of the Law of Nature and Nations)
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Colleen A. Sheehan; Gary L. McDowell | Liberty Fund
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Colleen A. Sheehan; Gary L. McDowell | Liberty Fund
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Christian Thomasius’s natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke’s in England.
First published in 1688, Thomasius’s Institutiones jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture.
This volume also contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas.
690 pages.
Introduction
Note on the Text
Acknowledgements
Introductory Dissertation Addressed to My Audience
On Jurisprudence in General
On Divine Jurisprudence
On the Interpretation of Divine Laws in General and on Practical Principles
On the Interpretation of Divine Laws in Particular, That Is, on the First Principles of Natural Law and Positive Universal Law
On the Duty of Man Toward Himself
On the Duty of Man Toward Others, in Particular on Preserving Equality Among Humans
On Avoiding Pride
On Not Harming Others and on Compensating for Harm That Has Been Done
On the Various Duties of Humanity
On the Duty of Persons Forming an Agreement
On the Duty of Man Concerning Speech
On the Duty of Those Taking an Oath
On the Duty Concerning Things and Their Ownership
On the Duty Concerning the Prices of Things
On the Interpretation of Divine and Human Will Insofar as It Is Expressed in Words
On the Duty of Man Toward Fellow Humans in General
On the Duty of Man with Regard to Conjugal Society
On the Positive Laws Concerning the Duties of Marriage
On the Duties of Parents and Children
On the Duties of Lords and Servants
On the Duties of Those Living in a Commonwealth
On the Duties of Citizens in States Concerning Punishments
On the Duties of Confederates
On Duties Toward Legates
On Duties Toward the Dead
On the Application of Divine Laws
The Reason for This Work
On the Moral Nature of Man
On the Law of Nature and Nations
Bibliography
Index
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