Two Books of the Elements of Universal Jurisprudence. Samuel Pufendorf. Читать онлайн. Newlib. NEWLIB.NET

Автор: Samuel Pufendorf
Издательство: Ingram
Серия: Natural Law and Enlightenment Classics
Жанр произведения: Философия
Год издания: 0
isbn: 9781614872061
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equally honourable in civil capacity are preferred one above another, in proportion as one has a larger share than another of those things whereby the minds of others are commonly moved to show honour. Now honour, which corresponds to the intensification of esteem, is properly the signification of our judgement concerning the superiority of another; and therefore, in truth, honour is not in the person honoured but in the person who shows honour, although by a certain kind of metonymy, esteem also itself, or that which deserves honour, is denoted by this word, and, in a special sense, definite statuses which honour is wont to accompany, are called honours, because in due course these statuses are bestowed only upon those who surpass others in some point of superiority. That same esteem, as far as it produces in others the opinion of a special prudence and wisdom regarding the determination of practical affairs or of theoretical truths, is called authority [autoritas]. And as far as it suggests the widespread recognition of that superiority among large numbers of men, it is called reputation. After the analogy of passive natural qualities, one might call these not incon-<63>gruously passive moral qualities, because, as the former are understood to affect the senses, so the latter in a definite way affect the mind.3 Now one’s esteem is apt to be magnified primarily by notable achievements and a life led with great regard for the laws; by those things which are called the goods of the mind, with which belong to an excessive degree in the thinking of the ignorant, also the goods of body and fortune; by the condition of status, as that is conspicuous and splendid beyond other statuses; by moral position in status, for example, whether one be the first or the last in the same association; by the condition of public service, that is, in proportion to the distinction of the functions with which that service is performed; by age, because, forsooth, experience and prudence are judged to come from advanced years; finally, by lineage or family, because it is commonly believed that something of the worth of ancestors is transmitted to their descendants; and by such other things as are here valued. <64>

DEFINITION X

      Determinately, moreover, worth is commonly recognized from usage or custom, that is, a thing is commonly estimated at as much as is very generally offered or given for it.2 This is scarcely so that it does not have some range within which more or less can be demanded, except when the law has fixed the worth of a thing at a definite point. Now in common worth the labours and expenses which merchants undergo are customarily taken into account. There may also be certain estimable accidents of a thing because of which it may be legitimately bought or sold above or below the common price, <65> for example, because of a loss which is to follow, deferred profit, peculiar affection, or if it be bought or sold as a favour to another, when otherwise it was not to be bought or sold. These same accidents are customarily pointed out to the man with whom a bargain is being made about a thing, and can properly be imputed. That deferred or increased gain also which arises from delayed or anticipated payment of the worth can be computed. For the day of payment is a part of the price, and it means more to give something immediately than after a time; since, forsooth, in the meantime profit might have been secured therefrom. Also there is not a little in the consideration of the place where the merchandise is produced or the worth paid. For the same thing is valued differently in different places, and the value of money, or the interest, is not the same everywhere, and the rates of exchange for forwarding money are different in different places. Moreover, it very frequently happens that the worth of a thing changes, that is, goes either up or down, this change being due to the large or small supply of buyers, of money, of merchandise, or because of impending peace or war, and similar chance happenings.

      In incorporeal things utility and splendour are principally regarded. And in all things corporeal as well as incorporeal, worth is <66> determined in particular cases by law or custom, or by an understanding between the parties to the agreement.