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When most members of a man's household or estate are absolutely at his mercy, when he has no feeling of any contractual relation with them, his sense of duty and obligation is inevitably deadened, even towards others who are not thus in his power.
As the economy of the exploiter comes in to transform the country community it is necessary for the preacher and the teacher to train the population in the ethical standards of the new time. Naturally new contractual relations will prevail in business, and trusts will be committed to the leading men in the farming community, for which they need definite moral preparation.
Emancipated from the bonds of formality and mere contractual relation to superiors, manhood asserted itself in troublesome questionings as to the motives and plans of officers, discussion of what was done and what was to be done, above all in searching criticism of government and its schemes.
And first, we must examine those which are contractual, and which again fall into four species, for contract is concluded either by delivery, by a form of words, by writing, or by consent: each of which we will treat in detail.
The witness procedure was no doubt broad enough for all the contracts which were made in early times. Besides those of sale, loan, and the like, which have been mentioned, I find but two contractual obligations. These were the warranties accompanying a sale and suretyship which was referred to at the beginning of the Lecture.
But the alternative is the acceptance of Jefferson's doctrine that the fundamental rights of men are independent of adventitious differences, whether material or moral, and depend simply upon their manhood. The other proposition, the contractual basis of human society and its logical consequences, the supremacy of the general will, can be argued in the same fashion.
The convention upon this subject adopted by the Conference substantially as proposed by the American delegates is as follows: "In order to avoid between nations armed conflicts of a purely pecuniary origin arising from contractual debts claimed of the government of one country by the government of another country to be due to its nationals, the signatory Powers agree not to have recourse to armed force for the collection of such contractual debts.
Civil and contractual marriage are slowly supplanting religious marriage; there are thousands living in our large cities who do not feel the need of the church to establish and cement their social life; most philosophers disclaim any religious motive or authority for their investigations or beliefs. Only over death does religion still hold undisputed sway.
However, all these niceties had no application to the old freehold rents of the feudal period, because the contractual remedies did not apply to them until the time of Queen Anne. /8/ The freehold rent was just as much real estate as an acre of land, and it was sued for by the similar remedy of an assize, asking to be put back into possession.
I zink you no understand me. I don't mean zat. And their peculiar Oriental psychology leads them to believe they can get away with that sort of thing with the straight-thinking Anglo-Saxon. They have no code of sportsmanship; they are irritable and quarrelsome, and their contractual relations are incompatible with those of the Anglo-Saxon. They are not truthful.
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