[26] The scene between father and son in _The Miser_ (Sc. ii., Act iii.). [27] See, in Molière's _Don Juan_, the charming scene between Don Juan and Mr. Dimanche. [28] "Things lost cannot give rise to an action for theft, when the finder, after having looked for their proprietor in vain, and only retained them when his researches proved fruitless, has ascertained that the proprietor will not present himself. But if the thing has been taken with the intention of appropriating it, if it has an owner, although unknown, there is no doubt about the delinquency." (Faustin-Hélie, _Droit pénal_, iv. edit., Leçon v., p. 66.) [29] The play in Latin is on the words _otiandi_ and _negotiandi_.--Translator. [30] _De Officiis_, Book III., ch. xiv. [31] Definition of the canon law. [32] _Digest_, II., § 3, _De Furtis_. [33] _Traité des obligations_, Part I., ch. i., § 2. [34] See Racine's tragedy of Phèdre. [35] Puffendorf, _Of the Duties of Man and the Citizen_, ii., c. ix., § 18. [36] In the United States children can, in the case of neglect by their parents, make contracts which are obligatory for whatever is necessary for them. [37] Our Code does not admit that a mistake touching the person, vitiates the consent of the contractors, unless this consideration be the principal cause of the agreement. [38] _Esprit des Lois_, XV., iv. The stipulations which Montesquieu demanded have been made, and have led to the suppression, or at least to a great diminution, of the slave-trade. [39] By _maîtrise_ was understood the rank or degree of master; and _jurandes_ was the name of an annual office by means of which the affairs of the corporation were administered: it also meant the assembly of workmen, who had lent the customary oath. [40] Beaumarchais, _Barbier de Seville_. [41] Nicole does not give any examples; but it is evident, for instance, that it is a graver fault to rashly incriminate the _integrity_ of a functionary than his _incapacity_, the _chastity_ of a woman than her _economy_. [42] Nicole belonged to the sect of the Jansenists, celebrated for the harshness and rigidity of their morality. [43] It is also called _commutative_ justice, somewhat improperly, in taking for its type the act of exchange, where one gives the equivalent of what he receives; but this expression is only truly correct when it touches upon property, and particularly upon sale, trust, loan. But the term _commutative_ has no longer much meaning when applied to the respect due to the life, the liberty, or the honor of others. Nevertheless, it is necessary to be familiar with the expression, as it is usually opposed to _distributive_ justice. [44] _Nepotism_ is the custom of advancing to desirable posts the members of one's family; _simony_ (which has especially to do with the Church) consisted in the purchase of the ecclesiastical functions: the term may also, by extension, be applied to lay functions. [45] We give on the next page an analysis of this Essay.