Rights of the Individual - Book 4
ALTERATIONS TO THE RIGHTS OF OTHERS;
CONSEQUENT OBLIGATIONS
AND MODIFICATIONS OF MUTUAL RIGHTS
| Subject-matter of this book |
| Jural effects of acts carried out by a person possessing a right, and of acts of those obliged to respect that right |
|
| Jurally innocuous acts, and acts injurious to the rights of others |
|
| Innocuous acts which can modify anothers right |
|
| The subject-matter of this book: harmful acts which modify the rights of others |
| The nature of the modifications produced in others rights by harmful acts |
| Functions of right actuated as an effect of an injury received or feared |
| The inviolability of right |
|
| The inviolability of right in every subject |
|
| Society is obliged by the same jural laws as the individual |
|
| Jural rights and duties common to individuals and society |
|
| Jural injuries done to individuals by society |
|
| The enduring inviolability of rights |
|
| The inviolability of rights in any circumstance |
|
| The inviolability of rights, however they are offended |
| The right to defence |
|
| The distinction between the right to defence and the right to satisfaction |
|
| Analysis of the right to defence: 1 the right to simple defence, and 2 the right to harm others when defence is necessary |
|
| The ethical foundation of the right to defence |
|
| Continuation — |
|
| The distinction between the
right to defence and penal right — |
|
| The lex talionis |
|
| Humanity excludes purely penal Right, and revenge |
|
| Can harm be done to an innocent person when this is necessary to defend ones own right? |
|
| Conclusion on the ethical foundation of the right to cause harm to others in ones own defence |
|
| This teaching is consistent with the authority of divine Scripture |
|
| Necessity: the principle determining the exercise of the right to defence |
|
| Limits to the exercise of the right to defence480 |
|
| The limit to the exercise of the right to defence arising from the nature of the wrong-doing perpetrated by the offender |
|
| The limit to the exercise of the right to defence arising from the jural-penal responsibility of the offender |
|
| The limit of the right to defence arising from the quality of the action used to defend oneself |
|
| The limit to the exercise of the right to defence arising from the necessity of defence |
|
| The limit of the exercise of the right to defence arising from the amount of the harm that may be inflicted |
|
| The right to defence against probable and against certain offences |
|
| The right to defence from some probable evil caused by another, but without his fault |
|
| The right to defence from danger caused by the fault of another |
|
| The right to self-defence when we know in general that others malice is the probable cause of our harm |
|
| The right to defence when anothers malice is known by analogy |
|
| Self-defence when suspicion falls on a single member of a moral body with many evil adherents |
|
| Self-defence when we fear danger from the body itself |
|
| Can we harm an innocent person indirectly as a result of our just defence against a guilty, collective body of which he is a member? |
|
| A comparison between average moral force and instant temptation gives rise to the right to defence against others wrong-doing |
|
| An error easily committed in exercising the right to defence against feared, probable offences |
|
| How the right to defence is extended in accord with the development of the human race, and consequently takes different forms in the different ages of nations |
| The right to satisfaction |
|
| The subject of this chapter |
|
| The nature of harm |
|
| Is there in human beings a right to SIMPLE RETALIATION which protects the integrity of their rights and is distinct from penal right and from the right of coercion? |
|
| Is penal right present in the right to satisfaction? |
|
| The existence of the right to satisfaction |
|
| The identity of the right to satisfaction exercised by the individual and by society |
|
| The verification of harm |
|
| The evaluation of harm |
|
| The different ways of satisfaction |
|
| The different ways of doing harm |
|
| Various kinds of Good Considered as Objects of Rights | |
| The natural procedure for exacting restitution of harm suffered |
| The origin of the right to predominance |
| Appendix | Appendix 1 - 14 |