{Pelican}

Return to Contents

Rights of the Individual - Book 4

ALTERATIONS TO THE RIGHTS OF OTHERS;
CONSEQUENT OBLIGATIONS
AND MODIFICATIONS OF MUTUAL RIGHTS

Contents

Introduction.

Subject-matter of this book

I

Jural effects of acts carried out by a person possessing a right, and of acts of those obliged to respect that right

II

Jurally innocuous acts, and acts injurious to the rights of others

III

Innocuous acts which can modify anothers right

IV

The subject-matter of this book: harmful acts which modify the rights of others

Chapter 1

The nature of the modifications produced in others rights by harmful acts

Chapter 2

Functions of right actuated as an effect of an injury received or feared

Chapter 3

The inviolability of right

Article 1

The inviolability of right in every subject

§1

Society is obliged by the same jural laws as the individual

§2

Jural rights and duties common to individuals and society

§3

Jural injuries done to individuals by society

Article 2

The enduring inviolability of rights

Article 3

The inviolability of rights in any circumstance

Article 4

The inviolability of rights, however they are offended

Chapter 4

The right to defence

Article 1

The distinction between the right to defence and the right to satisfaction

Article 2

Analysis of the right to defence: 1 the right to simple defence, and 2 the right to harm others when defence is necessary

Article 3

The ethical foundation of the right to defence

Article 4

Continuation —
The right to harm an unjust intruder when harm is necessary in defence of our rights

Article 5

The distinction between the right to defence and penal right —
does a penal right exist in the state of nature?

Article 6

The lex talionis

Article 7

Humanity excludes purely penal Right, and revenge

Article 8

Can harm be done to an innocent person when this is necessary to defend ones own right?

Article 9

Conclusion on the ethical foundation of the right to cause harm to others in ones own defence

Article 10

This teaching is consistent with the authority of divine Scripture

Article 11

Necessity: the principle determining the exercise of the right to defence

Article 12

Limits to the exercise of the right to defence480

§1

The limit to the exercise of the right to defence arising from the nature of the wrong-doing perpetrated by the offender

§2

The limit to the exercise of the right to defence arising from the jural-penal responsibility of the offender

§3

The limit of the right to defence arising from the quality of the action used to defend oneself

§4

The limit to the exercise of the right to defence arising from the necessity of defence

§5

The limit of the exercise of the right to defence arising from the amount of the harm that may be inflicted

Article 13

The right to defence against probable and against certain offences

§1

The right to defence from some probable evil caused by another, but without his fault

§2

The right to defence from danger caused by the fault of another

§3

The right to self-defence when we know in general that others malice is the probable cause of our harm

A

The right to defence when anothers malice is known by analogy

I

Self-defence when suspicion falls on a single member of a moral body with many evil adherents

II

Self-defence when we fear danger from the body itself

III

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?

B

A comparison between average moral force and instant temptation gives rise to the right to defence against others wrong-doing

§4

An error easily committed in exercising the right to defence against feared, probable offences

Article 14

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

Chapter 5

The right to satisfaction

Article 1

The subject of this chapter

Article 2

The nature of harm

Article 3

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?

Article 4

Is penal right present in the right to satisfaction?

Article 5

The existence of the right to satisfaction

Article 6

The identity of the right to satisfaction exercised by the individual and by society

Article 7

The verification of harm

Article 8

The evaluation of harm

Article 9

The different ways of satisfaction

Article 10

The different ways of doing harm

SCHEMA

Various kinds of Good Considered as Objects of Rights

Article 11

The natural procedure for exacting restitution of harm suffered

Chapter 6

The origin of the right to predominance

Appendix Appendix 1 - 14

Home