Samuel Pufendorf

Two Books of the Elements of Universal Jurisprudence


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contracts between men, since it is not easy for any one whatsoever to possess things of that kind for which another is willing to give his own in exchange, or which have the exact value of the other’s property; and in states where citizens are distinguished by different statuses, it is necessary that there be several classes of men which cannot at all maintain life with that kind of exchange, or else are able to do so with extreme difficulty. Hence civil life was rude and simple as long as that was the sole method which obtained of exchanging goods; and those who use it to-day are far removed from the customs of the more civilized nations. Having considered, therefore, the inconveniences of exchange, most nations agreed with one another to set a certain eminent worth, as it were, upon a definite thing, according to which as a standard the worth of other things should be exacted, and in which that same worth should be, as it were, eminently contained; and all that to such a degree that this thing could be used in exchange for any thing at all, and could be conveniently employed for conducting business and fulfilling all kinds of contracts. For this end the nobler metals, gold, silver, and bronze, were judged to be the most suitable, forasmuch as their substance is not too common, is durable, and is not clumsy because of its bulk; although a state might destine other substances also for this use, which would have to be employed by citizens in the place of money. These metals, in quantities of a definite weight, and marked with definite figures, are called coins, upon which the administrators of states, or the mutual agreement of the users, set a fixed value. Nevertheless, that increase or decrease of worth which other things undergo because of scarcity or abundance, money also itself does not entirely escape, as a coin made of the same material and with the same weight is worth now more and now less; although that variation is not as sudden or as frequent as the variations of value among other things. From what has been said in passing can be explained also the controversy among the ancient Roman jurisconsults regarding worth.3 Sabinus and Cassius, of their number, affirmed that other things besides money had worth, and therefore they included exchange under purchase and sale. Both of <67> these positions were denied by Proculus and Nerva, because otherwise it could not be made clear, when things had been exchanged, just which would appear to have been sold and which to have been given under the name of price. For it seemed to them to be absurd that both things had been sold and both given under the name of price. Now, in truth, both views can stand in a certain way. The first can stand, indeed, if we say that the purchase was made at common or eminent worth; and that the price in exchange appears to be the thing which is given by the one who started the business transaction. For he appears to be the purchaser who asks that something be given him in exchange for some property of his own. And the latter opinion can stand if only that in which eminent worth appears is called purchase. <68>

DEFINITION XI

      Disposing principles are: (1) Moving principles, in part indirectly and that either naturally, as the end, or morally, as the occasion; in part directly, and that likewise either naturally, as inclination, or morally, and that extrinsically, as persuasion, bidding, incitation, or intrinsically, as obligation. (2) Directing principles, either in a moral way, as law, or in a natural way, as discernment. (3) Assisting principles, as means which are natural, like natural power, and that which chiefly manifests itself here, the faculty of locomotion; or else moral things, as authority. Efficient or deciding principles are immediate causes from which a human action has its being, and are such either simply, as will, whose respect to the directing moral principle is called obedience; or else they are combined with inclination, as habit.