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SAMUEL PUFENDORF (1632-1694)

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Originally appearing in Volume V22, Page 636 of the 1911 Encyclopedia Britannica.
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SAMUEL See also:PUFENDORF (1632-1694)  , See also:German jurist, was See also:born at See also:Chemnitz, See also:Saxony, on the 8th of See also:January 1632 . His See also:father was a Lutheran pastor, and he himself was destined for the See also:ministry . Educated at See also:Grimma, he was sent to study See also:theology at the university of See also:Leipzig . Its narrow and dogmatic teaching was profoundly repugnant to him, and he soon abandoned it for the study of public See also:law . He went so far as to quit Leipzig altogether, and betook himself to See also:Jena, where he formed an intimate friendship with Erhard Weigel the mathematician, whose See also:influence helped to develop his remarkable See also:independence of See also:character . See also:Pufendorf quitted Jena in 1637 and became a See also:tutor in the See also:family of Petrus See also:Julius Coyet, one of the See also:resident ministers of See also:Charles Gustavus, See also:king of See also:Sweden, at See also:Copenhagen . At this See also:time Charles Gustavus was endeavouring to impose upon See also:Denmark a burdensome See also:alliance, and in the See also:middle of the negotiations he brutally opened hostilities . The anger of the Danes was turned against the envoys of the See also:Swedish See also:sovereign; Coyet, it is true, succeeded in escaping, but the second See also:minister, See also:Steno Bjelke, and the whole See also:suite were arrested and thrown into See also:prison . Pufendorf shared this misfortune, and was subjected to a strict captivity of eight months' duration . He occupied himself during this time in meditating upon what he had read in the See also:works of See also:Grotius and See also:Hobbes . He mentally constructed a See also:system of universal law; and, when, at the end of his captivity, he accompanied his pupils, the sons of Coyet, to the university of See also:Leiden, he was enabled to publish, in 1661, the fruits of his reflections under the See also:title of Elementa jurisprudentiae universalis, libri duo . The See also:work was dedicated to Charles See also:Louis, elector See also:palatine, who created for Pufendorf at See also:Heidelberg a new See also:chair, that of the law of nature and nations, the first of the See also:kind in the See also:world .

In 1667 he wrote, with the assent of the elector palatine, a See also:

tract, De statu imperii germanici, See also:liber onus . Published under the See also:cover of a See also:pseudonym at See also:Geneva in 1667, it was supposed to be addressed by a See also:gentleman of See also:Verona, See also:Severinus de Monzambano, to his See also:brother See also:Laelius . The pamphlet made a See also:great sensation . Its author directly arraigned the organization of the See also:Holy See also:Roman See also:Empire and exposed its feebleness, denounced in no measured terms the faults of the See also:house of See also:Austria, and attacked with remarkable vigour the politics of the ecclesiastical princes . Before Pufendorf, Philipp Bogislaw von Chemnitz, publicist and soldier, had written, under the pseudonym of " See also:Hippolytus a Lapide," De ratione status in imperio nostro romano-germanico . Inimical, like Pufendorf, to the house of Austria, Chemnitz had gone so far as to make an See also:appeal to See also:France and Sweden . Pufendorf, on the contrary, rejected all See also:idea of See also:foreign intervention, and advocated that of See also:national initiative . In 167o Pufendorf was called to the university of See also:Lund . His sojourn there was fruitful . In 1672 appeared the De jure naturae et gentium, libri octo, and in 1695 a resume of it under the title of De officio hominis et civis . In the De jure naturae et gentium Pufendorf took up in great measure the theories of Grotius and sought to See also:complete them by means of the doctrines of Hobbes and of his own ideas . His first important point was that natural law does not extend beyond the limits of this See also:life and that it confines itself to regulating See also:external acts .

He combated Hobbes's conception of the See also:

state of nature and concluded that the state of nature is not one of See also:war but of See also:peace . But this peace is feeble and insecure, and if something else does not come to its aid it can do very little for the preservation of mankind . As regards public law Pufendorf, while recognizing in the state (civitas) a moral See also:person (persona moralis), teaches that the will of the state is but the sum of the individual See also:wills that constitute it, and that this association explains the state . In this a priori conception, in which he scarcely gives See also:proof of See also:historical insight, he shows himself as one of the precursors of J . J . See also:Rousseau and of the Contrat social . Pufendorf powerfully defends the idea that See also:international law is not restricted to Christendom, but constitutes a See also:common See also:bond between all nations because all nations See also:form See also:part of humanity . In 1677 Pufendorf was called to See also:Stockholm as historiographer-royal . To this new See also:period belong Einleitung zur historic der vornehmsten Reiche and Staaten, also the Commentarium de See also:rebus suecicis, libri XX VI., ab expedition Gustavi Adolphi regis in Germaniam ad abdicationem usque Christinae and De rebus a Carolo Gustavo gestis . In his historical works Pufendorf is hopelessly dry; but he professes a great respect for truth and generally draws from archives . In his De habitu religionis christianae ad vitam civilem he traces the limits between ecclesiastical and See also:civil See also:power . This work propounded for the first PUFF-See also:BIRD 635 time the so-called " collegial " theory of See also:church See also:government (Kollegialsystem), which, See also:developed later by the learned Lutheran theologian Christoph Mathaus See also:Pfaff (1686-176o), formed the basis of the relations of church and state in See also:Germany and more especially in See also:Prussia .

This theory makes a fundamental distinction between the supreme See also:

jurisdiction in ecclesiastical matters (Kirchenhoheit or See also:jus circa sacra), which it conceives as inherent in the power of the state in respect of every religious communion, and the ecclesiastical power (Kirchengewalt or jus in sacra) inherent in the church, but in some cases vested in the state by tacit or expressed consent of the ecclesiastical See also:body . The theory was of importance because, by distinguishing church from state while preserving the essential supremacy of the latter, it prepared the way for the principle of See also:toleration . It was put into practice to a certain extent in Prussia in the 18th See also:century; but it was not till the See also:political changes of the 19th century led to a great mixture of confessions under the various state governments that it found universal See also:acceptance in Germany . The theory, of course, has found no acceptance in the Roman See also:Catholic Church, but it none the less made it possible for the See also:Protestant governments to make a working See also:compromise with See also:Rome in respect of the Catholic Church established in their states . In 1688 Pufendorf was called to the service of See also:Frederick See also:William, elector of See also:Brandenburg . He accepted the See also:call, but he had no sooner arrived than the elector died . His son Frederick III. fulfilled the promises of his father; and Pufendorf, historiographer and privy councillor, was instructed to write a See also:history of the Elector Frederick William (De rebus gestis Frederici Wilhelmi Magni) . The king of Sweden did not on this See also:account cease to testify his See also:goodwill towards Pufendorf, and in 1694 he created him a See also:baron . In the same See also:year, on the 26th of See also:October, Pufendorf died at See also:Berlin and was buried in the church of St See also:Nicholas, where an inscription to his memory is still to be seen . Pufendorf was at once philosopher, lawyer, economist, historian and statesman . His influence was considerable, and he has See also:left a profound impression on thought, and not on that of Germany alone . But the value of his work was much under-estimated by posterity .

Phoenix-squares

Much of the responsibility for this injustice rested with See also:

Leibnitz, who would never recognize the incontestable greatness of one who was constantly his adversary, and whom he dismissed as " vir parum jurisconsultus et minime philosophus." It was on the subject of the pamphlet of Severinus de Monzambano that their See also:quarrel began . The conservative and timid Leibnitz was beaten on the battlefield of politics and public law, and the aggressive spirit of Pufendorf aggravated yet more the dispute, and so widened the See also:division . From that time the two writers could never meet on a common subject without attacking each other . See H. von See also:Treitschke, " See also:Samuel von Pufendorf," Preussische Jahrbucher (1875), See also:xxxv . 614, and See also:xxxvi . 61; See also:Bluntschli, Deutsches Staats-Worterbuch, viii . 424, and Geschichte See also:des allgemeinen Stastsrechts and der Politik, p . Io8; Lorimer, The Institutes of the Law of Nations, i . 74; See also:Droysen, " Zur Kritik Pufendorfs," in his 74; Droysen, Kritik fenor in his Abhan lungen zur neueren Geschichte; See also:Roscher, Geschichte der National-Oekonomik in Deutschland, p . 304; See also:Franklin, Das deutsche Reich nach Severinus von Monzambano . PUFF-See also:BALL, in See also:botany, the common name for a genus of See also:fungi (known botanically as Lycoperdon), and so called because of the See also:cloud of See also:brown dust-like spores which are emitted when the mature plant bursts . They are common in meadows and See also:woods and on heaths or lawns, and when See also:young resemble See also:white balls, sometimes with a See also:short stalk, and are fleshy in texture .

If cut across in this state, they show a compact rind enclosing a loose See also:

tissue, in the interspaces of which the spores are developed; as the fungus matures it changes to yellowish-brown and brown and when ripe the rind tears at the See also:apex and the spores See also:escape through the See also:aperture when any pressure is applied to the ball . When white and fleshy the fungus is edible . The' fibrous See also:mass which remains after the spores have escaped has been used for See also:tinder or as a styptic for wounds . The See also:giant puff-ball, Lycoperdon giganteum, reaches a See also:foot or more in See also:diameter . PUFF-BIRD, the name first given, according to W . Swainson (Zool . Illustrations, 1st See also:series, vol. ii., See also:text to pl . 99), by See also:English residents in See also:Brazil to a See also:group of birds now placed in the sub-family Bucconinae, which with the Galbulinae or jacamars form the family Galbulidae of Coraciiform birds See also:standing between the trogons (q.v.) and barbets, for a See also:long time confounded, under the See also:general name of barbets, with the Capitonidae of See also:modern systematists . Each group has formed the subject of an elaborate monograph—the Capitonidae being treated by C . H . T. and G . F .

L . See also:

Marshall (See also:London, 187o-1871), and the Bucconidae by P . L . Sclater (London, 1879–1882) . The Bucconidae are zygodactylous birds confined to the neotropical region, in the middle parts of which, and especially in its sub-Andean sub-region, they are, as regards See also:species, abundant; while only two seem to reach See also:Guatemala and but one See also:Paraguay . As with most See also:South See also:American birds, the habits and natural history of the Bucconidae have been but little studied, and of only one species, which happens to belong to a rather abnormal genus, has the See also:nidification been described . This is the Chelidoptera tenebrosa, which is said to breed in holes in See also:banks, and to See also:lay white eggs much like those of the See also:kingfisher and consequently those of the jacamars . From his own observation Swainson writes (loc. cit.) that puff-birds are very See also:grotesque in See also:appearance . They will sit nearly motionless for See also:hours on the dead bough of a See also:tree, and while so sitting " the disproportionate See also:size of the See also:head is rendered more conspicuous by the bird raising its feathers so as to appear not unlike a puff-ball . . . . When frightened their form is suddenly changed by the feathers lying quite See also:flat." They are very confiding birds and will often station themselves a few yards only from a window . The Bucconidae almost without exception are very plainly-coloured, and the See also:majority have a spotted or mottled plumage suggestive of immaturity .

The first puff-bird known to Europeans seems to have been that described by G. de L . Marcgrav, under the name of " tamatia," by which it is said to have been called in Brazil, and there is See also:

good See also:reason to think that his description and figure—the last, comic as it is in outline and expression, having been copied by F . See also:Willughby and many of the older authors—apply to the Bucco maculatus of modern See also:ornithology—a bird placed by M . J . See also:Brisson (Ornithologie, iv . 524) among the kingfishers . But if so, Marcgrav described and figured the same species twice, since his " Matuitui " is also Brisson's " See also:Martin-pescheur tachete du Bresil." P . L . Sclater divides the family into, 7 genera, of which Bucco is the largest and contains 20 species . The others are Malacoptila and Monacha, each with 7, Nonnula with 5, Chelidoptera with 2, and Micromonacha and Hapaloptila with r species each . The most showy puff-birds are those of the genus Monacha, with an inky-See also:black plumage, usually diversified by white about the head, and a red or yellow See also:bill .

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