oundation of private property.
Chapter VII. treats of the Acquisition of property, Hutcheson, as is
usual with moralists, taking the _occupatio_ of the Roman Law as a
basis of ownership. Property involves the right of (1) use, (2)
exclusive use, (3) alienation.
Chapter VIII. Rights drawn from property are such as mortgages,
servitudes, &c., being rights of what may be called partial or
imperfect ownership.
Chapter IX. discusses the subject of contracts, with the general
conditions required for a valid contract.
Chapter X. Of Veracity. Like most writers on morals, Hutcheson breaks
in upon the strict rule of veracity by various necessary, but
ill-defined, exceptions. Expressions of courtesy and etiquette are
exempted, so also artifices in war, answers extorted by unjust
violence, and some cases of peculiar necessity, as when a man tells a
lie to save thousands of lives.
Chapter XI. Oaths and Vows.
Chapter XII. belongs rather to Political Economy. Its subject is the
values of goods in commerce, and the nature of coin.
Chapter XIII. enumerates the various classes of contracts, following
the Roman Law, taking up _Mandatum, Depositum_, Letting to Hire, Sale,
&c.
Chapter XIV. adds the Roman _quasi-contracts_.
Chapter XV. Rights arising from injuries or wrongs _(torts)_. He
condemns duelling, but admits that, where it is established, a man may,
in some cases, be justified in sending or accepting a challenge.
Chapter XVI. Rights belonging to society as against the individual. The
perfect rights of society are such as the following:--(1) To prevent
suicide; (2) To require the producing and rearing of offspring, at
least so far as to tax and discourage bachelors; (3) To compel men,
though not without compensation, to divulge useful inventions; (4) To
compel to some industry, &c.
Chapter XVII. takes up some cases where the ordinary rights of property
or person are set aside by some overbearing necessity.
Chapter XVIII. The way of deciding controversies in a state of nature
by arbitration.
Book III.--Civil Polity, embracing Domestic and Civil Rights.
Chapter I. _Marriage_. Hutcheson considers that Marriage should be a
perpetual union upon equal terms, 'and not such a one wherein the one
party stipulates to himself a right of governing in all domestic
affairs, and the other promises subjection.' He would allow divorce for
adultery, desertion, or implacable enmity on either side. Upon defect
of childre
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