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Sect. 11. Dr. Clark's opinion on the nature and origin of obligation. &

page 63 12. Monfieur Barbeyrac's opinion concerning this fubject.

13. Two forts of obligations; internal and

external.

CHAP. VII.

64

66

Of right confidered as a faculty, and of the obliga

tion thereto correfponding.

page 67

Sect. 1. The word right is taken in feveral par

ticular fenfes, which are all derived
from the general notion.

2. Definition of right, confidered as a
faculty.

3. We must take care to distinguish be-
tween a fimple power, and right."

4. General foundation of the rights of man.
5. Right produces obligation.

6. Right and obligation are two relative

terms.

7. At what time man is fufceptible of right
and obligation.

8. Several forts of rights and obliga

tions.

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CHAP. VIII.

Of law in general.

Sect.

page 76

1. As man by nature is a dependent being,

the law ought to be the rule of his

actions.

2

ibid.

Sect.

Sect. 2. Definition of law.

page 78 3. Why law is defined a rule prescribed. ibid. 4. What is understood by a fovereign, fo

vereignty, and the right of com

manding.

CHA P. IX.

79

Of the foundation of fovereignty, or the right of

commanding.

page 81

Sect. 1. First remark. The question is, in re-
gard to a neceffary fovereignty.

2. Second remark. There is neither fo-
vereignty nor necessary dependance
between beings perfectly equal.

3. Different opinions on the origin and
foundation of fovereignty.

4. Examen of those opinions. 1. The fole
fuperiority of power is infufficient to
found a right of commanding.

5. 2. Nor the fole excellence or fuperiori-
ty of nature.

6.

3. Nor the fole quality of creator.

7. True foundation of fovereignty; pow-
er, wisdom, and goodness joined
together.

8. Explication of our opinion.

9. We must not feparate the qualities which form the right of fovereignty. 10. Definition of fubjection. Foundation

of dependance..

11. The obligation produced by law, is the
moft perfect that can be imagined.

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Sect. 12. Obligation is internal and external at

the fame time.

CHAP. X.

page 69

Of the end of laws; of their characters, differences,

&c.

Sect.

page 98

1. Of the end of laws, either in regard
to the fubjects, or in respect to the
Sovereign.

2. The end of laws is not to lay a re-
straint upon liberty, but to direct it
in a proper manner.

3. Examen of what Puffendorf fays con-
cerning this fubject.

4. Of the diftinction of law into obli-
gatory, and that of fimple permif-
fion.

5. The opinion of Grotius and Puffendorf

upon this fubject.

6. The rights which men enjoy in fociety,
are founded on this permission.

7. The matter of laws.

8. Internal conditions of a law; that it be

poffible, ufeful, and juft.

9. External conditions of law; that it
be made known; and accompanied

with a fan&tion.

10. Whether the promife of recompence is

equally capable, as the commination
of punishment, to conftitute the fanc-
tion of law.

ibid.

99

100

ΙΟΙ

ibid.

102

103

ibid.

104

106

Sect.

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