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Ferguson, Adam, 1723-1816

"An Essay on the History of Civil Society, Eighth Edition"


Law is the treaty to which members of the same community have agreed, and
under which the magistrate and the subject continue to enjoy their rights,
and to maintain the peace of society. The desire of lucre is the great
motive to injuries: law therefore has a principal reference to property. It
would ascertain the different methods by which property may be acquired, as
by prescription, conveyance, and succession; and it makes the necessary
provisions for rendering the possession of property secure.
Beside avarice, there are other motives from which men are unjust; such as
pride, malice, envy, and revenge. The law would eradicate the principles
themselves, or at least prevent their effects.
From whatever motive wrongs are committed, there are different particulars
in which the injured may suffer. He may suffer in his goods, in his person,
or in the freedom of his conduct. Nature has made him master of every
action which is not injurious to others. The laws of his particular society
entitle him perhaps to a determinate station, and bestow on, him a certain
share in the government of his country.


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