法学讲演录 - (EPUB全文下载)
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LECTURE Ⅵ
第六讲
LECTURE Ⅵ
POSITIVE laws,the appropriate matter,of jurisprudence,are related in the way of resemblance,or by a close or remote analogy,to the following objects.1.In the way of resemblance,they are related to the laws of God.2.In the way of resemblance,they are related to those rules of positive morality which are laws properly so called.3.By a close or strong analogy,they are related to those rules of positive morality which are merely opinions or sentiments held or felt by men in regard to human conduct.4.By a remote or slender analogy,they are related to laws merely metaphorical,or laws merely figurative.
[1]
To distinguish positive laws from the objects now enumerated,is the purpose of the present attempt to determine the province of jurisprudence.
In pursuance of the purpose to which I have now adverted,I stated,in my first lecture,the essentials of a law
or rule
(taken with the largest signification which can be given to the term properly
).
In my second,third,and fourth lectures,I stated the marks or characters by which the laws of God are distinguished from other laws.And,stating those marks or characters,I explained the nature of the index to his unrevealed laws,or I explained and examined the hypothesis which regard the nature of that index.
In my fifth lecture,I examined or discussed especially the following principal topics(and I touched upon other topics of secondary or subordinate importance).—I examined the distinguishing marks of those positive moral rules which are laws properly so called:I examined the distinguishing marks of those positive moral rules which are styled laws
or rules
by an analogical extension of the term:and I examined the distinguishing marks of laws merely metaphorical,or laws merely figurative.
I shall finish,in the present lecture,the purpose mentioned above,by explaining the marks or characters which distinguish positive laws,or laws strictly so called.And,in order to an explanation of the marks which distinguish positive laws,I shall analyze the expression sovereignty
,the correlative expression subjection
,and the inseparably connected expression independent political society.
With the ends or final causes for which governments ought
to exist,or with their different degrees of fitness to attain or approach those ends,I have no concern.
I examine the notions of sovereignty
and independent political society
,in order that I may finish the purpose to which I have adverted above:in ............
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