Introduction

  • The goal of justice is security from injury.
  • A man may be injured as:
    1. A man
      • As a man he may be injured in his body, reputation, or estate.
    2. A member of a family
      • As a member of a family he may be injured as:
        • a father
        • a son
        • a husband or wife
        • a master or servant
        • a guardian or pupil
          • This is considered as a family relation until the pupil can take care of himself.
    3. A member of a state
      • As a member of a state, a magistrate may be injured by disobedience, or a subject by oppression, etc.
  • A man may be injured:
    1. In his body
      1. By wounding, maiming, murdering, or
      2. By infringing his liberty
    2. In his reputation
      1. By falsely representing him as a proper object of resentment or punishment, as by calling him a thief or robber, or
      2. By depreciating his real worth and trying to degrade him below the level of his profession.
        • A physician’s character is injured when we try to persuade the world he kills his patients instead of curing them.
          • He loses his business by such a report.
        • However, we do not injure a man when we do not give him all the praise due to his merit.
          • We do not injure Sir Isaac Newton or Mr. Pope when we say:
            • that Newton was no better philosopher than Descartes, or
            • that Mr. Pope was no better poet than the ordinary poets of his time.
        • By these expressions we do not bestow on them all the praise that they deserve.
          • Yet we do them no injury, because we do not throw them below the ordinary rank of men in their own professions.
        • Natural rights are those which a man has to the preservation of his body and reputation from injury.
          • Civilians call them 'iura hominum naturalia'.
    3. In his estate
      1. His rights to his estate are called acquired or 'iura adventitia'.
      2. These are of two kinds:
        1. Real
          • A real right is that whose object is a real thing and which can be claimed aquocumque possessore
          • Examples are are all possessions, houses, furniture.
        2. Personal
          • Personal rights are those that can be claimed by a lawsuit from a person, but not aquocumque possessore
          • Examples are all debts and contracts.
            • The payment or performance of these can be demanded only from one person.
            • If I buy a horse and have him delivered to me, though the former owner sell him to another, I can claim him a quocumque possessore; but if he was not delivered to me I can only pursue the seller.
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    Next: Chapter 1