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On the Duty of Man and Citizen According to Natural Law SAMUEL PUFENDORF on the Duty of Man and Citizen According to Natural Law CAMBRIDGE TEXTS IN THE HISTORY OF POLITICAL THOUGHT SAMUEL PUFENDORF On the Duty of Man and Citizen According to Natural Law SAMUEL PUFENDORF On the Duty of Man and Citizen According to Natural Law EDITED BY JAMES TULLY Associate Professor of Political Science and Philosophy, McGill University TRANSLATED BY MICHAEL SILVERTHORNE Associate Professor of Classics, McGill University The right of the University of Cambridge to prim and sell all manner of books was granted by Henry VIII in 1534. The University has printed and published continuously since 1584. CAMBRIDGE UNIVERSITY PRESS CAMBRIDGE NEW YORK PORT CHESTER MELBOURNE SYDNEY Published by the Press Syndicate of the University of Cambridge The Pitt Building, Trumpington Street, Cambridge CB2 IRF 40 West 20th Street, New York, NY IOOI 1-4211, USA 10 Stamford Road, Oakleigh, Melbourne 3166, Australia © Cambridge University Press 1991 First published 1991 V Printed in Great Britain by The Hath Press, Avon British Library cataloguing in publication data Pufendorf, Samuel, 1632-94 Contents On the duty of man and citizen according to natural law. - (Cambridge texts in the history of political thought) tqaj I. Tide 11. Tully, James Main works by Pufendorf and abbreviations page ix 171.2 Chronology of Pufendorf s life and publications xi Library of Congress cataloguing in publication Jala Editor's introduction xiv Pufendorf, Samuel, Freiherr von, 1623-1694. Bibliography xxxviii [De officio hominis et civis. English] Bibliographical note xli On the duty of man and citizen according to natural law / Pufendorf: edited by James Tully : translated by Michael Translator's note xliv Silverthorne. p. cm.— (Cambridge texts in the history of political thought) ON THE DUTY OF MAN AND CITIZEN ACCORDING Translation of: De officio hominis et civis. Includes bibliographical references (p. ) and index. TO NATURAL LAW I ISBN o 521 35195 2 (hardback). - ISBN o 521 35980 5 (pbk.) Author's dedication 3 1. Natural law. 2. International law. 3. Political science. I. Tully, James, 1946- . 11. Silverthorne, Michael, m. Tide. Author's preface 6 rv. Series. BOOK I K457.P8D4313 1991 1 On human action 17 34o'.i-dc2o 90-20358 CIP 2 On the rule of human actions, or on law in ISBN 35195 2 hardback general 27 ISBN 35980 5 paperback 3 On natural law 33 4 On man's duty to God, or on natural religion 39 5 On duty to oneself 4° 6 On the duty of every man to every man, and first of not harming others 5° 7 On recognizing men's natural equality 61 8 On the common duties of humanity 64 9 On the duty of parties to agreements in general 68 Ml Contents 10 On die duty of men in die use of language 77 11 On the duties involved in taking an oath 80 12 On duty in acquiring ownership of things 84 13 On die duties arising from ownership in itself 90 14 On value 15 On contracts which presuppose value in things 93 and on die duties diey involve 16 On methods of dissolving obligations arising from 97 agreements 17 On interpretation 108 Main works by Pufendorf and abbreviations BOOK II Eletnentorum jurisprudentiae universalis libri duo. Elements of 1 On men's natural state 115 EJU universal jurisprudence in two books. 1660. 2 On die duties of marriage 120 3 On the duties of parents and children 124 DRGP De rebus gestis Philippi Amyntai filio. On the history of Philip of Macedon. 1663. (In DAS.) 4 On die duties of masters and slaves 129 5 On the impulsive cause of constituting die state 132 DSI De statu imperii Germanici. On the constitution of the German Empire by Severinus de Monzambano (Pufendorf). 1667. 6 On die internal structure of states 135 7 On the functions of die sovereign power 139 DJN Dejure naturae et gentium libri octo. On the law of nature and nations 8 On the forms of government 142 in eight books. 1672. 9 On die characteristics of civil audiority I46 DOH De offido hominis et civisjuxta legem naturalem libri duo. On the duty 10 On die ways of acquiring audiority, particularly of man and citizen according to natural law in two books. 1673. monarchical I48 DAS Dissertations academicae selectiores. Select scholarly essays. 1675. 1 I 11 On the duty of sovereigns 5 SC Specimen contraoersiarum. A simple of controversies. 1677. Con- 12 On civil laws in particular i55 tains De origine et progressu disciplinae juris naturalis. On the origin 13 On the right of life and deatii 158 and progress of the discipline of natural law. (In ES.) 14 On reputation 163 HUP Historische und politische Beschreibung der geistlichen Monarchic des 15 On the power of sovereign authority over prop- Stuhls zu Rom. A historical and political description of the spiritual monarchy of Rome. By Basilius Hyperta (Pufendorf). 1679. (In erty within die state 166 EZDH.) 16 On war and peace 168 V7TM4 Einleitung zu der Historic der vornehmsten Reiche und Staaten so 17 On treaties 173 itziger Zeit in Europa sich befinden. Introduction to the history of the 18 On die duties of citizens 175 principal realms and states as they currently exist in Europe. 1682-6. ES Eris Scandica, qua adversus libros dejure naturali et gentium objecta Index 179 diluuntur. Scandinavian polemics, in which the objections against the vui IX Main works book On the law of nature and nations are dissolved. 1686. (Contains SC.) CRS Commentariorum de rebus Suecids libri XXVI ab expedition Gustavi Adolphi in Germaniam ad abdicationem usque Christinae. 1686. Tr. with DRC as The compleat history of Sweden, two volumes. 1702. DHR De habitu religionis christianae ad vitam dvilem. On the nature of religion in relation to civil life. 1687. DRF De rebus Friderid Wihelmi Magni Electoris Brandenburgid commen- tariorum libri XIX. On the history of the Great Elector, Frederick William of Brandenburg, in 19 books. 1692. Chronology of PufendorPs life and JFD Jus feciale drvinum she de consensu et dissensu protestantium publications exerdtatio posthuma. The law of covenants, or on the consensus and dissensus among Protestants. 1695. 1632 8 January: born in the village of Dorchemnitz bei Thalheim, DRC De rebus a Carolo Gustavo Sueciae rege gestis commentariorum libri parish of Fiohe, Erzgebirge region of Saxony. VII. 1696. Tr. with CRS as The compleat history of Sweden, two 1650 Enters University of Leipzig to study Lutheran theology and volumes. 1702. develops interests in humanities, natural science and jurispru- DRGF De rebus gestis Friderid III Electoris Brandenburgid. On the history of dence during six-year residence. Presents work on ancient Frederick III, Elector of Brandenburg. 1784. constitutions and the origins of states (Doring 1988). 1656 Enters University of Jena and is granted a master's degree. In 1657 studies natural law and moral philosophy with Erhard Weigel (1625-99), whom he may have met earlier in Leipzig. 1658 Tutor to family of Peter Julius Coyet, Swedish minister in Copenhagen. Writes his first exposition of natural law, Ele- ments of universal jurisprudence, while in prison as a result of war between Sweden and Denmark. 1659 Moves to Holland with Coyet family, recommended to Karl Ludwig, Elector Palatinate, by Peter de Groot, son of Hugo Grotius, and dedicates EJfU to Karl Ludwig (pub. 1660). 1661 Accepts associate professorship of international law and philology, later renamed natural and international law, Faculty of Philosophy, University of Heidelberg, offered to him by Karl Ludwig, after the law faculty denies his request for a professorship in constitutional law. 1663 Writes study of Philip of Macedon, On the history of Philip of Macedon (pub. in DAS). Chronology Chronology 1664 Writes his controversial analysis of the Imperial constitution of 1688 Moves to Berlin and begins career as court historian and privy Germany, On the constitution of the German Empire. Widely and judicial councillor; first to Frederick William I and when criticized, banned in German universities and condemned by he dies in 1688, to his son, Frederick III of Prussia the Pope. (1688-1713). 1670 Takes up full professorship in natural and international law, 1689 Begins histories of the reigns of his two new sovereigns, Faculty of Law, University of Lund, offered to him by King includes a commentary on the Glorious Revolution in Eng- Charles XI of Sweden (1660-97) in 1667. land in his history of Frederick III, and states his views on Protestant Europe in The lam of covenants, or on the consensus 1672 Publishes his major work of natural law philosophy, On the lam and dissensus among Protestants (pub. 1695). of nature and nations, dedicated to Charles XI. 1694 Travels to Sweden in the spring to publish his history of 1673 Publishes abridgement of DJN, On the duty of man and citizen Charles X and to receive a barony from Charles XI. Dies on according to natural lam, dedicated to the Chancellor of the 26 October during return sea voyage to Germany. University of Lund. 1675 Publishes Select scholarly essays in reply to his critics and in clarification of his theory. 1677 Publishes A sample of controversies and writes but does not publish until 1686 Scandinavian polemics in further clarifica- tion and reply to his critics. 1677 Moves to Stockholm after Danish army captures Lund (1676) and begins political career as privy councillor, secretary of state and royal historian to Charles XI. 1679 Publishes critical history of the Catholic Church and its claim to sovereignty, A historical and political description of the spiritual monarchy of Rome, under pseudonym Basilius Hyperta. (In EZDH.) 1682 Publishes (1682-6) his encyclopaedic work in comparative politics and international relations, a comparative analysis of the interests and powers of European states, Introduction to the history of the principal realms and states as they currently exist in Europe.
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