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• Advertisement By the Editor.
• Plan of Lectures On Political Economy, For Winter 1800-1801.
• Outlines of Moral Philosophy. Part Third. [political Science.]
• Part III. *: of Man Considered As the Member of a Political Body. †
• Chapter I.: Of the History of Political Society.
• Chapter II.: Of the General Principles of Legislation and Government.
• Lectures On Political Economy.
• Errata.
• Introduction. of the Objects and Province of Political Economy. *
• [chapter I.]: [of the Title and Comprehension of the Science, In Its Most Extensive Meaning.]
• Chapter II. *: [of the Contents and Distribution of Political Economy Proper,—or of Part First.]
• [ Population. ]
• [ National Wealth. ]
• [ the Poor:—their Maintenance. ]
• [ Education.—prevention, Reformation, Correction of Crime. ]
• [chapter III.]: [preliminary Distinction of Positive Laws Into Two Classes; and the Relation of These to Political Economy Proper,—or to Part First.]
• Part First.—: of Political Economy Proper.
• [book First.]: [of Population.]
• [chapter I.]: Of Population Considered As an Article of the Natural History of Man.
• [chapter II.]: [of Population Considered As an Article of Political Economy.]
• [sect. I.—: Of Population As Affected By the Political Institutions Which Regulate the Sexual Connexion.]
• [sect. II.—: Of Population As Affected By the State of Manners Relative to the Connexion Between the Sexes.]
• [sect. III.—: Dependence of Population On the Means of Subsistence Enjoyed By the People.]
• [ Appendix. —: of the Means Which Have Been Employed to Ascertain the State of Population In Particular Instances. ]
• [book Second.]: [of National Wealth.]
• [chapter I. * ]: [of Productive and Unproductive Labour.]
• [sect. I.—: On the Circumstances Which Render Labour More Effective.]
• Chapter II.: [of Money, the Circulating Medium.]
• [sect. I.—: Of the Origin and Use of Money.]
• [sect. II.—: Of Real and Nominal Prices.]
• [sect. III.—: On the Effects of Plenty Or Scarcity of the Precious Metals Upon Prices.]
• Sect. IV.—: Of Money As the Standard of Value.
• [sect. V.—: Of Interest.]
• Appendices to Books First and Second.
• Appendix I.—: To B. I. Ch. II. § 3.
• Quotation On Population From Pinto.
• Appendix II.—: To B. II. Ch. II.
• Notes On the [ Parliamentary ] Bullion Report. ( Sent By Mr. Stewart to Lord Lauderdale, In February, March, and April, 1811.)

[CHAPTER III.]

[PRELIMINARY DISTINCTION OF POSITIVE LAWS INTO TWO CLASSES; AND THE RELATION OF THESE TO POLITICAL ECONOMY PROPER,—OR TO PART FIRST.]

The President De Goguet, in his very learned and valuable work On the Origin of Laws, Arts, and Sciences, [1758,] lays much stress, among other fundamental principles, upon a distinction between two different classes or orders of positive laws. The first comprehends those which are, or at least which ought to be, common to all the different kinds of political society. The second, those which are peculiar to a society which has made some progress in Agriculture, in Commerce, and in the more refined arts of life.

To the former of these classes he refers “the laws which sanction the right of property;” “the laws which settle the formalities of marriage;” and “the laws which regulate the punishment of crimes;” to which he adds, “the laws establishing public worship,”—an institution which, in one shape or other, has had a place in all civilized nations. This class of laws (he observes) may be regarded as essential to the very existence of political society, however various may be the forms which the laws may assume in different instances.

Under the second class of positive laws, Goguet arranges “the laws which regulate the common transactions of civil life, and the particular interests of the different members of the community.” Such are the laws concerning inheritances, successions, sales, and contracts;—“Laws,” says Goguet, “which must necessarily vary according to the climate, genius, and particular circumstances of different nations.”

In the course of the following disquisitions, I shall have occasion to illustrate some of the causes which produce a diversity in the municipal institutions of different countries; and at the same time to investigate those general principles which ought to be common to them all. It will afterwards appear, that even in the second class of positive laws, there are certain principles which are never departed from, without injustice and inexpediency: And, indeed, one great object which I have in view in this course, is to ascertain what these principles are. This, I conceive, to be the proper aim of Political Economy, in the extensive sense in which I employ that expression.

With respect to the first class of positive laws, their nature has been so long understood, and their authority so long recognised among all civilized nations, that they do not appear to form a proper object of philosophical discussion: and a very few years ago I should certainly not have thought of referring to them in this place. In the late rage, however, of political innovation, those fundamental principles which it has been the aim of all wise legislators, both ancient and modern, to consecrate in the opinions of their fellow-citizens, have not escaped the indiscriminate fury of some reformers; and, in various philosophical theories an attempt has been made to expose them to general reprobation and ridicule. I hope, therefore, it will not be considered as altogether superfluous, if I employ one or two lectures (before engaging in any particular discussion) in reviewing some subjects of a more general description. I propose at present to confine myself to two of these, the laws relating to the contract of marriage, and the laws sanctioning and regulating the right of property;—institutions, which (together with the established solemnities of public worship) are justly considered by Goguet as the great pillars of the social system. The last of these articles I shall pass over in this course, as being more immediately connected with some of the doctrines of Ethics.*

[* ] [See Philosophy of the Active and Moral Powers, Vol. II. pp. 260-273. Works, Vol. VII.]