THE
PRINCIPLES
OF
POLITIC
LAW
By J. J. BURLAMAQUI,
[1748]
COUNSELLOR OF STATE, AND LATE PROFESSOR OF NATURAL AND
CIVIL LAW AT GENEVA.
VOL. II.
TRANSLATED [IN 1752] INTO ENGLISH BY MR. NUGENT.
FIFTH EDITION, CORRECTED.
CAMBRIDGE,
PRINTED AT THE UNIVERSITY PRESS,
BY W. HILLIARD,
AND SOLD AT HIS BOOKSTORE,
AND BY THE BOOKSELLERS IN BOSTON.
1807.
CONTENTS.
PART I
Which treats of the original and
nature of civil society, or sovereignty in general, of its peculiar character,
modifications, and essential parts.
| |
Sect. |
|
Page. |
  CHAP. I. |
|
CONTAINING some general and preliminary
reflections, which serve as an introduction to this and the following
parts. |
9 |
| CHAP. II. |
|
Of the original of civil societies in
fact. |
13 |
| CHAP. III. |
|
Of the right of conveniences with
regard to the institution of civil society, and the necessity of a supreme
authority; of civil liberty, that it is far preferable to natural liberty, and
that the civil state is of all human states the most perfect, the most
reasonable, and consequently the natural state of man. |
16 |
| CHAP. IV. |
|
Of the essential constitution of
states, and of the manner, in which they are formed. |
23 |
| CHAP. V. |
|
Of the sovereign, sovereignty, and the
subjects. |
29 |
| CHAP. VI. |
|
Of the immediate source and foundation
of sovereignty. |
33 |
| CHAP. VII. |
|
Of the essential characters of
sovereignty, its modifications, extent, and limits. |
38 |
| |
1. |
Of the characters of sovereignty. |
38 |
| |
2. |
Of absolute sovereignty. |
41 |
| |
3. |
Of limited sovereignty. |
44 |
| |
4. |
Of fundamental laws. |
46 |
| |
5. |
Of patrimonial and usufructuary
kingdoms. |
50 |
| CHAP. VIII. |
|
Of the parts of sovereignty, or of the
different essential rights, which it includes. |
51 |
PART II.
In which are explained the different
forms of government, the ways of acquiring or losing sovereignty, and the
reciprocal duties of sovereigns and subjects.
| |
Sect. |
|
Page. |
| CHAP. I. |
|
Of the the various forms of
government. |
55 |
| CHAP. II. |
|
An essay on this question, Which is
the best form of government? |
63 |
| CHAP. III. |
|
Of the different ways of acquiring
sovereignty. |
73 |
| |
1. |
Of conquest. |
74 |
| |
2. |
Of the election of sovereigns. |
76 |
| |
3. |
Of the succession to the crown. |
77 |
| CHAP. IV. |
|
Of the different ways of losing
sovereignty. |
83 |
| CHAP. V. |
|
Of the duties of subjects in
general. |
86 |
| CHAP. VI. |
|
Of the inviolable rights of
sovereignty, of the deposing of sovereigns, of the abuse of sovereignty, and of
tyranny. |
90 |
| CHAP. VII. |
|
Of the duty of sovereigns. |
97 |
PART III.
A more particular examination of the
essential parts of sovereignty, or of the different rights of the sovereign,
with respect to the internal administration of the state, such as the
legislative power, the supreme power in matters of religion, the right of
inflicting punishment, and that which the sovereign has over the Bona
Reipublicæ, or the goods contained in the commonwealth.
| |
Sect. |
|
Page. |
| CHAP. I. |
|
Of the legislative power, and the civil
laws which arise from it. |
110 |
| CHAP. II. |
|
Of the right of judging of the
doctrines taught in the state. Of the care, which the sovereign ought to take
to form the manners of his subjects. |
120 |
| CHAP. III. |
|
Of the power of the sovereign in
matters of religion. |
122 |
| CHAP. IV. |
|
Of the power of the sovereign over the
lives and fortunes of his subjects in criminal cases. |
130 |
| CHAP. V. |
|
Of the power of sovereigns over the
Bona Reipublicæ, or the goods contained in the commonwealth. |
143 |
PART IV.
In which are considered the different
rights of sovereignty with respect to foreign states; the right of war, and
every thing relating to it; public treaties, and the right of
ambassadors.
| |
Sect. |
|
Page. |
| CHAP. I. |
|
Of war in general, and first of the
right of the sovereign, in this respect, over his subjects. |
155 |
| CHAP. II. |
|
Of the causes of war. |
161 |
| CHAP. III. |
|
Of the different kinds of war. |
173 |
| CHAP. IV. |
|
Of those things which ought to precede
war. |
184 |
| CHAP. V. |
|
General rules to know what is allowable
in war. |
190 |
| CHAP. VI. |
|
Of the rights, which war gives over the
persons of the enemy, and of their extent and bounds. |
194 |
| CHAP. VII. |
|
Of the rights of war over the goods of
an enemy. |
201 |
| CHAP. VIII. |
|
Of the right of sovereignty acquired
over the conquered. |
211 |
| |
|
Of neutrality. |
215 |
| CHAP. IX. |
|
Of public treaties in general. |
216 |
| CHAP. X. |
|
Of compacts made with an enemy. |
224 |
| CHAP. XI. |
|
Of compacts with an enemy, which do not
put an end to the war. |
230 |
| CHAP. XII. |
|
Of compacts made, during the war, by
subordinate powers, as generals of armies, or other commanders. |
236 |
| CHAP. XIII. |
|
Of compacts made with an enemy by
private persons. |
239 |
| CHAP. XIV. |
|
Of public compacts which put an end to
war. |
241 |
| CHAP. XV. |
|
Of the right of ambassadors. |
247 |
Contents