The Principles of Natural and Politic Law 
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The basis of this version of
The Principles of Natural and Politic Law is Thomas Nugent’s 1763 English translation, which became a standard textbook at Cambridge and at many premier American colleges, including Princeton, Harvard, and the University of Pennsylvania. The first scholarly work on Burlamaqui was written by an American, M. Ray Forrest Harvey, who in 1937 argued that Burlamaqui was well known among America’s Founding Fathers and that his writings exerted considerable influence on the American constitutional system. In his introduction, Nugent said of Burlamaqui: “His singular beauty consists in the alliance he so carefully points out between ethics and jurisprudence, religion and politics, after the example of Plato and Tully, and the other illustrious masters of antiquity.” Copyright information:
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Table of Contents:
NATURAL LAW AND ENLIGHTENMENT CLASSICS
Note on the Text
VOLUME 1: THE PRINCIPLES OF NATURAL LAW
To Dr. MEAD.
THE TRANSLATOR TO THE READER.
THE Author’s Advertisement.
THE PRINCIPLES OF NATURAL LAW
PART I: General Principles of Right.
CHAPTER I: Of the Nature of Man considered with Regard to Right: Of the Understanding, and whatever is relative to this Faculty.
CHAPTER II: Continuation of the Principles relative to the nature of man. Of will and liberty.
CHAPTER III: That man thus constituted, is a creature capable of moral direction, and accountable for his actions.
CHAPTER IV: Further inquiry into what relates to human nature, by considering the different states of man.
CHAPTER V: That man ought to square his conduct by rule; the method of finding out this rule; and the foundations of right in general.
CHAPTER VI: General rules of conduct prescribed by reason. Of the nature and first foundations of obligation.
CHAPTER VII: Of right considered as a faculty, and of the obligation thereto corresponding.
CHAPTER VIII*: Of Law in general.
CHAPTER IX: Of the foundation of sovereignty, or the right of commanding.
CHAPTER X: Of the end of laws; of their characters, differences, c.
CHAPTER XI: Of the morality of human actions.*
PART II: Of the Law of Nature.
CHAPTER I: In what the law of nature consists, and that there is such a thing. First considerations drawn from the existence of God and his authority over us.
CHAPTER II: That God, in consequence of his authority over us, has actually thought proper to prescribe to us laws or rules of conduct.
CHAPTER III: Of the means by which we discern what is just and unjust, or what is dictated by natural law; namely, 1. moral instinct, and 2. reason.
CHAPTER IV: Of the principles from whence reason may deduce the law of nature.*
CHAPTER V: That natural laws have been sufficiently notified; of their proper characteristics, the obligation they produce, c.
CHAPTER VI: Of the law of nations.
CHAPTER VII: Whether there is any morality of actions, any obligation or duty, antecedent to the laws of nature, and independent of the idea of a legislator?1
CHAPTER VIII: Consequences of the preceding chapter: reflections on the distinctions of just, honest, and useful.
CHAPTER IX: Of the application of natural laws to human actions; and first of conscience.†
CHAPTER X: Of the merit and demerit of human actions; and of their imputation relative to the laws of nature.*
CHAPTER XI: Application of those principles to different species of actions, in order to judge in what manner they ought to be imputed.
CHAPTER XII: Of the authority and sanction of natural laws† and 1. of the good or evil that naturally and generally follows from virtue or vice.
CHAPTER XIII: Proofs of the immortality of the soul. That there is a sanction, properly so called, in respect to natural law.1
CHAPTER XIV: That the proofs we have alledged have such a probability and fitness, as renders them sufficient to fix our belief, and to determine our conduct.
VOLUME 2: THE PRINCIPLES OF POLITIC LAW
THE PRINCIPLES OF POLITIC LAW;
Being a Sequel to1 the Principles of the Law of Nature.
PART I: Which treats of the origin and nature of civil society, of sovereignty in general, of its peculiar characteristic, limitations, and essential parts.
CHAPTER I: Containing a few general and preliminary reflections, which serve as an introduction to this and the following parts.
CHAPER II: Of the real origin of civil societies.
CHAPTER III: Of the right of congruity or fitness with regard to the institution of civil society, and the necessity of a supreme authority: of civil liberty; that it is far preferable1 to natural liberty, and that the state is of all human conditions the most perfect, the most reasonable, and consequently the natural state of man.
CHAPTER IV: Of the essential constitution of states, and of the manner in which they are formed.
CHAPTER V: Of the sovereign, sovereignty, and the subjects.
CHAPTER VI: Of the immediate source, and foundation of sovereignty.
CHAPTER VII: Of the essential characters of sovereignty, its modifications, extent, and limits.
1°.: Of the characteristics of sovereignty.
2°.: Of absolute sovereignty.
3°.: Of limited sovereignty.
4°.: Of fundamental laws.
5°.: Of patrimonial, and usufructuary kingdoms.
CHAPTER VIII: Of the parts of sovereignty, or of the different essential rights which it includes.
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.
CHAPTER I: Of the various forms of government.
CHAPTER II: An essay on this question, Which is the best form of government?
CHAPTER III: Of the different ways of acquiring sovereignty.
1°.: Of conquest.
2°.: Of the election of sovereigns.
3°.: Of succession to the crown.
CHAPTER IV: Of the different ways of losing sovereignty.
CHAPTER V: Of the duties of subjects in general.
CHAPTER VI: Of the inviolable rights of sovereignty, of the deposing of sovereigns, of the abuse of the supreme power, and of tyranny.
CHAPTER VIII: Of the duty1 of sovereigns.
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 punishments, and that which the sovereign has over the Bona Reipublicae,1 or the goods contained in the commonwealth.
CHAPTER I: Of the legislative power, and the civil laws which arise from it.
CHAPTER II: Of the right of judging the doctrines taught in the state: Of the care which the sovereign ought to take to form the manners of his subjects.
CHAPTER III: Of the power of the sovereign in matters of religion.
CHAPTER IV: Of the power of the sovereign over the lives and fortunes of his subjects in criminal cases.
CHAPTER V: Of the power of sovereigns over the Bona Reipublicae,1 or the goods contained in the commonwealth.
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.
CHAPTER I: Of war in general, and first of the right of the sovereign, in this respect, over his subjects.
CHAPTER II: Of the causes of war.
CHAPTER III: Of the different kinds of war.
CHAPTER IV: Of those things which ought to precede war.
CHAPTER V: General rules to know what is allowable in war.
CHAPTER VI: Of the rights which war gives over the persons of the enemy, and of their extent and bounds.
CHAPTER VII: Of the rights of war over the goods of an enemy.
CHAPTER VIII: Of the right of sovereignty acquired over the conquered.
CHAPTER IX: Of public treaties in general.
CHAPTER X: Of compacts made with an enemy.
Whether we ought to keep our faith given to an enemy?
CHAPTER XI: Of compacts with an enemy, which do not put an end to the war.
CHAPTER XII: Of compacts made, during the war, by subordinate powers, as generals of armies, or other commanders.
CHAPTER XIII: Of compacts made with an enemy by private persons.
CHAPTER XIV: Of public compacts which put an end to war.
CHAPTER XV: Of the right of ambassadors.