Natural Rights on the Threshold of the Scottish Enlightenment. Gershom Carmichael

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      NATURAL RIGHTS ON THE THRESHOLD

       OF THE SCOTTISH ENLIGHTENMENT

      NATURAL LAW AND

      ENLIGHTENMENT CLASSICS

      Knud Haakonssen

      General Editor

      This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals.

      The cuneiform inscription that serves as our logo and as a design element in Liberty Fund books is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash.

      © 2002 by Liberty Fund, Inc.

      Cover art: Glasgow College as it appeared in 1693, taken from John Slezer, Theatrum Scotiae (1693), reproduced courtesy of the Department of Special Collections, Glasgow University Library

      This eBook edition published in 2013.

      eBook ISBNs:

      Kindle 978-1-61487-036-4

      E-PUB 978-1-61487-184-2

       www.libertyfund.org

      CONTENTS

Foreword

Acknowledgments

I. Natural Rights

From Supplements and Observations upon Samuel Pufendorf’s On the Duty of Man and Citizen according to the Law of Nature, composed for the Use of Students in the Universities

Editorial Note

1. On Moral Philosophy, or the Science of Natural Jurisprudence

2. On Lasting Happiness and the Divine Law

3. On Human Action in the Divine Court

4. Law, Rights, and Justice

5. On Natural Law

6. On Duty to God

7. On Duty to Oneself

8. On Duty to Others, or Sociability

9. Natural Rights and Agreements

       10. On the Right of Property

       11. Contracts and Quasi Contracts

       12. Dissolution of Obligations

       13. The State of Nature

       14. On the Rights of Husbands and Wives

       15. On the Rights of Parents and Children

       16. On the Rights of Masters and Servants

       17. On the Origin of Civil Society, or the Original Contract

       18. On the Constitution of Civil Government

       19. On the Limits of Sovereign Power and the Right of Resistance

       20. On Conquest and Patrimonial Kingdoms

       21. On the Rights of Citizens

       22. On the Rights of War and Peace

       23. Appendix: The Rights and Duties of Men and Citizens

       II. Natural Theology

       Synopsis of Natural Theology

       (Edinburgh, 1729)

       Contents

       Preface: Natural Theology and the Foundations of Morals

       On the Scope of Natural Theology

       1. On the Existence of God

       2. On the Attributes of God and First, on the Incommunicable Attributes

       3. On the Communicable Attributes of God

       4. On the Divine Operations, or Actions Involving External Objects

       III. Logic A Short Introduction to Logic

       Editorial Note

       Preface

       A Short Introduction to Logic

       1. On Apprehension

       2. On Judgment in General, and on Immediate Judgment in Particular

       3. On Mediate Judgment or Discourse

       4. On Method, and Logical Practice

       IV. Early Writings: Philosophical Theses

       1. Philosophical Theses, 1699

       2. Philosophical Theses, 1707

       V. Gershom Carmichael’s Account of His Teaching Method

       Bibliography

       Index

FOREWORD

      It is a remarkable feature of the enlightenment in eighteenth-century Scotland that many of the most distinguished moral philosophers of that era assigned to their students texts based upon the writings of the early modern natural jurists. The works of Grotius, Pufendorf, and Locke were commented upon, supplemented, annotated, and adapted for the use of students at the universities of Glasgow, Edinburgh, and Aberdeen—only St. Andrews seems to have been the exception—from the end of the seventeenth century to the late eighteenth century. The professors who lectured on natural rights theories included Francis Hutcheson, Adam Smith, and Thomas Reid at the University of Glasgow; William Law, William Scott, John Pringle, and James Balfour at the University of Edinburgh; and George Turnbull and David Verner