By Johann Gottlieb Heineccius
Heineccius's concept of traditional legislation was once in lots of methods an self sufficient improvement located either temporally and philosophically among the sooner common legislations culture of Samuel Pufendorf and Christian Thomasius, and the later theories of Christian Wolff, writes co-editor Peter Schroder. "While Heineccius used to be inspired by way of Pufendorf, and to a lesser volume by way of Thomasius, his typical legislations conception differs in quite a few an important features. most significantly, Heineccius didn't derive the legislations of nature from human traits or human nature, as Pufendorf tried along with his proposal of sociability. Heineccius inspiration that the legislation of nature was once completely derived from the need of God." Heineccius's "Methodical procedure" used to be first published in 1737. George Turnbull's translation of 1742 used to be one of many first to be made and used to be issued two times. Turnbull (1698-1748) used to be a key determine within the Scottish Enlightenment. His large commentaries at the textual content current a finished evaluate of the delicate and wide-ranging eu discourse on traditional legislation, whereas his appended "Discourse" is a piece of autonomous value in ethical proposal.
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Extra info for A Methodical System of Universal Law (Natural Law and Enlightenment Classics)
74. ]] An external obligation either perfect or imperfect is therefore wanting. 16 the laws of nature and nations actions with penalties and rewards, the former species of external obligation is properly denominated imperfect, and the latter perfect. Now the will of a superior commanding and forbidding under penalty is called a law: and therefore a rule for the direction of our free actions, to conform to which we are under perfect obligation, must consist of laws, and a system of such is termed by way of eminence law.
To this Ulpian consents as we have shewn elsewhere. L. 6. pr. D. de just. & jure. [[Domitius Ulpianus (ca. ]] † Cicero de Invent. l. 38. “All laws ought to be referred to the publick interest of the state, and to be interpreted not according to the letter, but as the end of laws, book i, chapter i 23 section xix But notwithstanding this difference, it is beyond all doubt, that the knowledge of the law of nature must be of the greatest use to all who apply themselves to the study of the civil law; because many of its precepts are adopted by civil law, and by it are fortified with additional penalties;* several conclusions are drawn from the law of nature by civil law; publick good, requires.
There must likewise be such a thing as perfection and imperfection with respect to moral powers and moral agents and their acts or exertions. 2. If there be a God, he must will that we should regulate our actions by, and act conformably to the internal obligation of actions. But that there is a God is the universal plain language of nature. 3. e. there is an extrinsic reason for acting so, arising from the will of God, who is infinitely perfect, and upon whom all our interests here and hereafter absolutely depend.