Front matter — Tanquerey
Contents (as printed)
¶1.
- List of authors more often cited in this volume — p. xii
- On the Virtue of Justice
- Object and division of the Treatise — p. 1
- Notion and species of justice — p. 2
- Nature and divisions of right — p. 7
- Division of the matter — p. 11
- Part One: On Justice Itself
- Chapter I. On the Existence of Right
- State of the question — p. 13
- Art. I. On the Object of Right — p. 15
- § I. On internal goods — p. 15
- On goods of body and soul — p. 15
- On the good of reputation — p. 17
- On the products of one's own talent — p. 18
- § II. On dominion over goods of fortune — p. 20
- Section I. On the very right of possessing external goods — p. 20
- I. The history of socialism is sketched — p. 20
- Preliminary matters — p. 20
- Principal causes of modern socialism — p. 21
- Historical development of modern socialism — p. 24
- Principal forms of modern socialism — p. 27
- II. The Catholic thesis concerning the right of ownership is set forth and proved — p. 32
- III. The arguments of the collectivists are set forth and solved — p. 45
- IV. Means for preventing socialism — p. 51
- Section II. On the various kinds of goods of fortune and on semi-full dominion — p. 53
- I. On the various kinds of goods of fortune — p. 53
- II. On semi-full dominion over external goods — p. 54
- On limitation of the right of disposing — p. 55
- On the right of enjoying — p. 55
- On limitation of the right of excluding — p. 57
- § III. On man's dominion over the services of others, or on servitude — p. 58
- State of the question — p. 58
- The thesis is proved — p. 58
- Art. II. On the Subject of Right — p. 61
- § I. General principle — p. 61
- § II. On the dominion of children under paternal power — p. 62
- § III. On the dominion of wives — p. 65
- Preliminary matters — p. 65
- On matrimonial agreements according to the French Code — p. 65
- Moral principles concerning the dominion of wives — p. 68
- § IV. On the dominion of secular clerics — p. 70
- § V. On the dominion of moral persons — p. 75
- Notion and species of moral persons — p. 75
- On the very right of association — p. 76
- On the dominion of churches — p. 81
- Art. III. On the various modes of acquiring dominion — p. 87
- § I. On occupation — p. 87
- On the occupation of animals — p. 88
- On the occupation of treasure — p. 91
- On the occupation of lost things — p. 92
- On the occupation of abandoned and vacant goods — p. 94
- § II. On accession — p. 95
- § III. On prescription — p. 98
- On the legitimacy of acquisitive prescription — p. 98
- On the conditions required for acquisitive prescription — p. 101
- On liberative prescription — p. 106
- Chapter II. On Injury, or on the Violation of Right
- Art. I. Preliminary Matters Concerning Crime or Injury in General — p. 110
- § I. On the causes and remedies of crimes — p. 110
- On the causes impelling to crime — p. 110
- On the means by which crimes can be prevented or at least diminished — p. 118
- § II. General principles concerning injury — p. 120
- Art. II. On Injuries Concerning Goods of the Body — p. 123
- § I. On suicide — p. 123
- Historical survey — p. 123
- On suicide directly intended — p. 125
- On indirect suicide — p. 130
- Corollaries — p. 132
- § II. On homicide — p. 133
- On the direct or indirect killing of an innocent person — p. 133
- On the killing of malefactors — p. 135
- On the killing of an unjust aggressor — p. 140
- § III. On dueling — p. 145
- § IV. On war — p. 151
- Preliminary matters — p. 151
- On the legitimacy of war — p. 151
- On the manner of waging war — p. 154
- On the duties of leaders and soldiers — p. 156
- Scholion on sedition and tyrannicide — p. 157
- Art. III. On Injuries Concerning Goods of the Soul — p. 157
- § I. On rash judgment — p. 158
- § II. On detraction or defamation — p. 161
- Notion and species — p. 161
- Malice and gravity — p. 163
- On the licit manifestation of hidden vices — p. 166
- On those who listen to detraction — p. 169
- Scholion on whispering — p. 170
- § III. On contumely, or the violation of honor — p. 171
- § IV. On the violation of truth — p. 173
- On false testimony — p. 173
- On lying — p. 175
- On the violation of a secret — p. 183
- Art. IV. On Injuries Concerning Goods of Fortune, or on Theft — p. 189
- § I. On the nature and gravity of theft — p. 189
- Notion and various species of theft — p. 189
- General principle concerning the gravity of theft — p. 190
- What matter is grave? — p. 191
- On small thefts — p. 193
- § II. On causes excusing from the occupation of another's thing — p. 195
- On necessity — p. 195
- On occult compensation — p. 197
- Chapter I. On the Existence of Right
¶2.
- Chapter III. On Restitution, or Reparation of Violated Right
- Preliminary matters concerning the notion and obligation of restitution — p. 201
- Art. I. On the Roots of Restitution — p. 203
- § I. On unjust damaging — p. 203
- I. General principles and corollaries — p. 204
- § II. On unjust possession of another's thing — p. 213
- Certain axioms are set forth — p. 213
- I. On the possessor in good faith — p. 214
- On the obligation of the possessor in good faith with respect to the thing itself — p. 214
- On the obligations and rights of the possessor in good faith with respect to fruits — p. 217
- On the same one's rights and obligations with respect to expenses — p. 218
- II. On the possessor in bad faith — p. 219
- III. On the possessor in doubtful faith — p. 221
- § III. On cooperators in damage — p. 223
- 1° Which cooperators are bound to restitution? — p. 223
- On the one commanding or ordering — p. 223
- On the one advising — p. 225
- On the flatterer — p. 227
- On the one consenting — p. 227
- On the receiver — p. 229
- On the participant — p. 230
- On negative cooperators — p. 230
- 2° On the restitution of cooperators in solidum — p. 232
- Art. II. On the Manner of Making Restitution — p. 235
- § I. On the circumstances of restitution in general — p. 235
- To whom must restitution be made? — p. 235
- On the place where restitution must be made — p. 238
- On the time when restitution must be made — p. 239
- On the manner of restitution — p. 239
- § II. On restitution with respect to certain goods in particular — p. 240
- I. On restitution for damage in goods of the body — p. 240
- For homicide and wounding — p. 240
- For dueling — p. 243
- For stuprum or fornication — p. 243
- For adultery — p. 245
- II. On restitution with respect to goods of the soul — p. 246
- On restitution of reputation — p. 246
- On restitution of honor — p. 248
- III. On restitution for the impeded attainment of some good — p. 249
- IV. On restitution because of taxes defrauded — p. 250
- Art. III. On Causes Excusing from Restitution — p. 254
- § I. On causes excusing for a time — p. 255
- § II. On causes excusing from restitution in perpetuity — p. 257
- Part Two: On Contracts
- Chapter I. On Contracts in General
- Art. I. Preliminary Matters — p. 262
- On the general concept of contract — p. 262
- On the force of legal nullities in conscience — p. 264
- Art. II. On the consent required for a contract — p. 266
- I. On the qualities required for consent — p. 266
- II. On the vices which can harm consent — p. 268
- On error — p. 269
- On fraud — p. 271
- On force and fear — p. 271
- Art. III. On the object or matter of a contract — p. 273
- Principle — p. 274
- Practical conclusions — p. 277
- Art. IV. On the subject of a contract, or on the capacity of those contracting — p. 278
- Art. V. On the effects of contracts — p. 281
- On the nature of obligations — p. 282
- On the species of obligations — p. 283
- On the extinction of obligations — p. 285
- Chapter II. On Contracts in Particular
- Art. I. On gratuitous contracts — p. 290
- § I. On promise — p. 290
- § II. On donation — p. 292
- § III. On testaments — p. 295
- On the right of making a testament — p. 295
- On the legal forms required for the validity of a testament — p. 299
- On the rights and burdens of legatees — p. 303
- On the cessation of a testament — p. 304
- § IV. On those things which are common to donation and testaments — p. 305
- On incapacity to give or to receive — p. 305
- On certain modes of giving prohibited by law — p. 307
- On limitation of the faculty of giving through hereditary reservation — p. 309
- § V. On successions — p. 315
- Who are called to succession according to French law? — p. 315
- On acceptance and repudiation of succession — p. 317
- On the partition of inheritance — p. 318
- Art. II. On onerous contracts of certain event — p. 320
- § I. On buying-selling — p. 320
- On just price — p. 321
- On the duties of the seller — p. 327
- On the duties of the buyer — p. 330
- On certain species of buying-selling — p. 331
- § II. On letting-hiring — p. 336
- On the letting of things — p. 336
- On the letting, or undertaking, of work — p. 338
- § III. On the letting of labor, or on the labor contract — p. 340
- I. On the labor contract considered generally — p. 340
- Historical survey — p. 340
- On the nature of this contract — p. 342
- On the duties of workers — p. 344
- On the duties of masters — p. 346
- On the intervention of the State in the labor contract — p. 351
- II. On the wage of workers — p. 356
- On the norm of a just wage — p. 356
- System of the liberals — p. 356
- System of the socialists — p. 358
- Catholic doctrine — p. 359
- On the means by which the wage can be increased — p. 365
- III. On workers' associations (Syndicats professionnels) — p. 369
- IV. On cessation from work (strikes) — p. 376
- V. On the means by which the condition of workers can be made better — p. 381
- § IV. On onerous loan, or on the contract of credit — p. 393
- State of the question — p. 393
- The doctrine of each Testament concerning loan is set forth — p. 395
- The theories of the ancient philosophers concerning loan — p. 397
- The doctrine of the Fathers and Councils concerning usury down to the twelfth century — p. 398
- The theories of the Scholastics and the decrees of the Councils down to the sixteenth century — p. 402
- The theories of the moderns — p. 407
- The doctrine of Benedict XIV and of the Roman Congregations concerning loan — p. 409
- Contemporary theories — p. 413
- Doctrine to be held and practical conclusions — p. 416
- § V. On the contract of partnership — p. 421
- Art. III. On aleatory contracts — p. 425
- § I. On insurance — p. 426
- § II. On gaming, wager, and lottery — p. 431
- § III. On speculations of the Exchange — p. 434
- Chapter I. On Contracts in General
¶3.
- On the Various Obligations of States
- State of the question — p. 439
- Division of the treatise — p. 439
- Chapter I. On the Duties of Laymen
- Art. I. On duties pertaining to domestic life — p. 440
- § I. On the mutual duties of parents and children — p. 440
- I. On the right which parents have of educating their own children — p. 441
- II. On the duties of parents toward children — p. 448
- On the love of parents toward children — p. 448
- On the education of children — p. 450
- On the providence of parents toward children — p. 458
- III. On the duties of children toward parents — p. 460
- On the love owed to parents — p. 460
- On the reverence owed to parents — p. 463
- On the obedience owed to parents — p. 464
- § II. On the duties of masters and servants — p. 465
- On the duties of masters — p. 467
- On the duties of servants — p. 470
- Art. II. On duties arising from civil society — p. 471
- § I. On the duties of superiors and subjects in general — p. 472
- On the duties of superiors, or rulers — p. 473
- On the duties of subjects — p. 475
- § II. On the duties of certain citizens in particular — p. 478
- On judges and jurors — p. 478
- On advocates — p. 483
- On the plaintiff, the accused, and witnesses — p. 485
- On physicians — p. 485
- Chapter II. On the Duties of Clerics
- Art. I. On the duties of clerics in general — p. 488
- On the external dress and tonsure of clerics — p. 489
- On businesses and arts forbidden to the clergy — p. 492
- On certain amusements to be avoided — p. 500
- Art. II. On the duties of clerics who have been initiated in sacred orders — p. 503
- § I. On ecclesiastical celibacy — p. 503
- Historical survey — p. 504
- Motives on which the law of celibacy rests — p. 508
- Means by which it must be preserved — p. 514
- § II. On the recitation of the divine office — p. 516
- On the obligation of reciting the office — p. 517
- On the manner of reciting it — p. 522
- Art. III. On duties special to priests, especially parish priests — p. 529
- On the obligation of teaching — p. 530
- On the obligation of ruling — p. 532
- Alphabetical index of matters — p. 537