Chapter Xvii. Takes Up Some Cases Where the Ordinary Rights of Property

or person are set aside by some overbearing necessity.

Chapter XVIII. The way of deciding controversies in a state of nature by arbitration.

Book III.--Civil Polity, embracing Domestic and Civil Rights.

Chapter I. Marriage. Hutcheson considers that Marriage should be a perpetual union upon equal terms, 'and not such a one wherein the one party stipulates to himself a right of governing in all domestic affairs, and the other promises subjection.' He would allow divorce for adultery, desertion, or implacable enmity on either side. Upon defect of children, some sort of concubinage would be preferable to divorce, but leaving to the woman the option of divorce with compensation. He notices the misrepresentations regarding Plato's scheme of a community of wives; 'Never was there in any plan less provision made for sensual gratification.'