The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Note On the Text
• Acknowledgments
• Volume 1: The Principles of Natural Law
• Part I: General Principles of Right.
• Chapter I: Of the Nature of Man Considered With Regard to Right: of the Understanding, and Whatever Is Relative to This Faculty.
• Chapter II: Continuation of the Principles Relative to the Nature of Man. of Will and Liberty.
• Chapter III: That Man Thus Constituted, Is a Creature Capable of Moral Direction, and Accountable For His Actions.
• Chapter IV: Further Inquiry Into What Relates to Human Nature, By Considering the Different States of Man.
• Chapter V: That Man Ought to Square His Conduct By Rule; the Method of Finding Out This Rule; and the Foundations of Right In General.
• Chapter VI: General Rules of Conduct Prescribed By Reason. of the Nature and First Foundations of Obligation.
• Chapter VII: Of Right Considered As a Faculty, and of the Obligation Thereto Corresponding.
• Chapter Viii *: of Law In General.
• Chapter IX: Of the Foundation of Sovereignty, Or the Right of Commanding.
• Chapter X: Of the End of Laws; of Their Characters, Differences, &c.
• Chapter XI: Of the Morality of Human Actions. *
• Part II: Of the Law of Nature.
• Chapter I: In What the Law of Nature Consists, and That There Is Such a Thing. First Considerations Drawn From the Existence of God and His Authority Over Us.
• Chapter II: That God, In Consequence of His Authority Over Us, Has Actually Thought Proper to Prescribe to Us Laws Or Rules of Conduct.
• Chapter III: Of the Means By Which We Discern What Is Just and Unjust, Or What Is Dictated By Natural Law; Namely, 1. Moral Instinct, and 2. Reason.
• Chapter IV: Of the Principles From Whence Reason May Deduce the Law of Nature. *
• Chapter V: That Natural Laws Have Been Sufficiently Notified; of Their Proper Characteristics, the Obligation They Produce, &c.
• Chapter VI: Of the Law of Nations.
• Chapter VII: Whether There Is Any Morality of Actions, Any Obligation Or Duty, Antecedent to the Laws of Nature, and Independent of the Idea of a Legislator? 1
• Chapter VIII: Consequences of the Preceding Chapter: Reflections On the Distinctions of Just, Honest, and Useful.
• Chapter IX: Of the Application of Natural Laws to Human Actions; and First of Conscience. †
• Chapter X: Of the Merit and Demerit of Human Actions; and of Their Imputation Relative to the Laws of Nature. *
• Chapter XI: Application of Those Principles to Different Species of Actions, In Order to Judge In What Manner They Ought to Be Imputed.
• Chapter XII: Of the Authority and Sanction of Natural Laws † and 1. of the Good Or Evil That Naturally and Generally Follows From Virtue Or Vice.
• Chapter XIII: Proofs of the Immortality of the Soul. That There Is a Sanction, Properly So Called, In Respect to Natural Law. 1
• Chapter XIV: That the Proofs We Have Alledged Have Such a Probability and Fitness, As Renders Them Sufficient to Fix Our Belief, and to Determine Our Conduct.
• Volume 2: The Principles of Politic Law
• Part I: Which Treats of the Origin and Nature of Civil Society, of Sovereignty In General, of Its Peculiar Characteristic, Limitations, and Essential Parts.
• Chapter I: Containing a Few General and Preliminary Reflections, Which Serve As an Introduction to This and the Following Parts.
• Chaper II: Of the Real Origin of Civil Societies.
• Chapter III: Of the Right of Congruity Or Fitness With Regard to the Institution of Civil Society, and the Necessity of a Supreme Authority: of Civil Liberty; That It Is Far Preferable 1 to Natural Liberty, and That the State Is of All Human Conditions
• Chapter IV: Of the Essential Constitution of States, and of the Manner In Which They Are Formed.
• Chapter V: Of the Sovereign, Sovereignty, and the Subjects.
• Chapter VI: Of the Immediate Source, and Foundation of Sovereignty.
• Chapter VII: Of the Essential Characters of Sovereignty, Its Modifications, Extent, and Limits.
• Chapter VIII: Of the Parts of Sovereignty, Or of the Different Essential Rights Which It Includes.
• Part II: In Which Are Explained the Different Forms of Government, the Ways of Acquiring Or Losing Sovereignty, and the Reciprocal Duties of Sovereigns and Subjects.
• Chapter I: Of the Various Forms of Government.
• Chapter II: An Essay On This Question, Which Is the Best Form of Government?
• Chapter III: Of the Different Ways of Acquiring Sovereignty.
• Chapter IV: Of the Different Ways of Losing Sovereignty.
• Chapter V: Of the Duties of Subjects In General.
• Chapter VI: Of the Inviolable Rights of Sovereignty, of the Deposing of Sovereigns, of the Abuse of the Supreme Power, and of Tyranny.
• Chapter VIII: Of the Duty 1 of Sovereigns.
• Part III: A More Particular Examination of the Essential Parts of Sovereignty, Or of the Different Rights of the Sovereign, With Respect to the Internal Administration of the State, Such As the Legislative Power, the Supreme Power In Matters of Religion,
• Chapter I: Of the Legislative Power, and the Civil Laws Which Arise From It.
• Chapter II: Of the Right of Judging the Doctrines Taught In the State: of the Care Which the Sovereign Ought to Take to Form the Manners of His Subjects.
• Chapter III: Of the Power of the Sovereign In Matters of Religion.
• Chapter IV: Of the Power of the Sovereign Over the Lives and Fortunes of His Subjects In Criminal Cases.
• Chapter V: Of the Power of Sovereigns Over the Bona Reipublicae, 1 Or the Goods Contained In the Commonwealth.
• Part IV: In Which Are Considered the Different Rights of Sovereignty With Respect to Foreign States; the Right of War, and Every Thing Relating to It; Public Treaties, and the Right of Ambassadors.
• Chapter I: Of War In General, and First of the Right of the Sovereign, In This Respect, Over His Subjects.
• Chapter II: Of the Causes of War.
• Chapter III: Of the Different Kinds of War.
• Chapter IV: Of Those Things Which Ought to Precede War.
• Chapter V: General Rules to Know What Is Allowable In War.
• Chapter VI: Of the Rights Which War Gives Over the Persons of the Enemy, and of Their Extent and Bounds.
• Chapter VII: Of the Rights of War Over the Goods of an Enemy.
• Chapter VIII: Of the Right of Sovereignty Acquired Over the Conquered.
• Chapter IX: Of Public Treaties In General.
• Chapter X: Of Compacts Made With an Enemy.
• Chapter XI: Of Compacts With an Enemy, Which Do Not Put an End to the War.
• Chapter XII: Of Compacts Made, During the War, By Subordinate Powers, As Generals of Armies, Or Other Commanders.
• Chapter XIII: Of Compacts Made With an Enemy By Private Persons.
• Chapter XIV: Of Public Compacts Which Put an End to War.
• Chapter XV: Of the Right of Ambassadors.

CHAPTER IV

Of the principles from whence reason may deduce the law of nature.*

From whence are we to deduce the principles of the law of nature?I. If we should be afterwards asked, what principles ought reason to make use of, in order to judge of what relates to the law of nature,1 and to deduce or unfold it? our answer is in general, that we have only to attend to the nature of man, and to his states or relations; and as these relations are different, there may be likewise different principles, that lead us to the knowledge of our duties.

But before we enter upon this point, it will be proper to make some preliminary remarks on what we call principles of natural law; in order to prevent the ambiguity or equivocation, that has often entangled this subject.<154>

Preliminary remarks. What we understand by principles of natural law.II. 1. When we inquire here, which are the first principles of natural law, the question is, which are those truths or primitive rules, whereby we may effectually know the divine will in regard to man; and thus arrive, by just consequences, to the knowledge of the particular laws and duties which God imposes on us by right reason?

2. We must not therefore confound the principles here in question, with the efficient and productive cause of natural laws, or with their obligatory principle.2 It is unquestionable, that the will of the supreme Being is the efficient cause of the law of nature, and the source of the obligation from thence arising. But this being taken for granted, we have still to inquire how man may attain to the knowledge of this will, and to the discovery of those principles, which acquainting us with the divine intention, enable us to reduce from thence all our particular duties, so far as they are discoverable by reason only. A person asks, for example, whether the law of nature requires us to repair injuries, or to be faithful to our engagements? If we are satisfied with answering him, that the thing is incontestable, because so it is ordered by the divine will; it is plain that this is not a sufficient answer to his question; and that he may reasonably insist to have a principle pointed out, which should really convince him that such in effect is the will of the Deity; for this is the point he is in search of.

Character of those principles.III. Let us afterwards observe, that the first principles of natural laws, ought to be not only true,<155> but likewise simple, clear, sufficient, and proper for those laws.

They ought to be true; that is, they should be taken from the very nature and state of the thing. False or hypothetic principles must produce consequences of the same nature; for a solid edifice can never be raised on a rotten foundation. They ought to be simple and clear of their own nature, or at least easy to apprehend and unfold. For the laws of nature being obligatory for all mankind, their first principles should be within every body’s reach, so that whosoever has common sense may be easily acquainted with them. It would be very reasonable therefore to mistrust principles that are far-fetched, or of too subtle and metaphysical a nature.

I add, that these principles ought to be sufficient and universal. They should be such as one may deduce from thence, by immediate and natural consequences, all the laws of nature, and the several duties from thence resulting; insomuch that the exposition of particulars be properly only an explication of the principles; in the same manner, pretty near, as the production or increase of a plant is only an unfolding of the seed.

And as most natural laws are subject to divers exceptions, it is likewise necessary that the principles be such as include the reasons of the very exceptions; and that we may not only draw from thence all the common rules of morality, but that they also serve to restrain these rules, according as place, time, and occasion require.

In fine, those first principles ought to be established in such a manner, as to be really the proper and<156> direct foundation of all the duties of natural law; insomuch that whether we descend from the principle to deduce the consequences, or whether we ascend from the consequences to the principle, our reasonings ought always to be immediately connected, and their thread, as it were, never interrupted.

Whether we ought to reduce the whole to one single principle.IV. But, generally speaking, it is a matter of mere indifference, whether we reduce the whole to one single principle, or establish a variety of them. We must consult and follow in this respect a judicious and exact method. All that can be said on this head, is, that it is not at all necessary to the solidity or perfection of the system, that all natural laws be deduced from one single and fundamental maxim: nay, perhaps the thing is impossible. Be that as it may, it is idle to endeavour to reduce the whole to this unity.3

Such are the general remarks we had to propose. If they prove just, we should reap this double advantage from them, that they will instruct us in the method we are to follow, in order to establish the true principles of natural law; and at the same time they will enable us to pass a solid judgment on the different systems concerning this subject. But it is time now to come to the point.

Man cannot attain to the knowledge of natural laws, but by examining his nature, constitution, and state.V. The only way to attain to the knowledge of natural law, is to consider attentively the nature and constitution of man, the relations he has to the beings that surround him, and the states from thence resulting. In fact, the very term of natural law, and the notion we have given of it, shew that the<157> principles of this science must be taken from the very nature and constitution of man. We shall therefore lay down two general propositions, as the foundation of the whole system of the law of nature.

First Proposition.

Whatever is in the nature and original constitution of man, and appears a necessary consequence of this nature and constitution, certainly indicates the intention or will of God with respect to man, and consequently acquaints us with the law of nature.

Second Proposition.

But in order to have a complete system of the law of nature, we must not only consider the nature of man, such as it is in itself; it is also necessary to attend to the relations he has to other beings, and to the different states from thence arising: otherwise it is evident we should have only an imperfect and defective system.

We may therefore affirm, that the general foundation of the system of natural law, is the nature of man considered under the several circumstances that attend it, and in which God himself has placed him for particular ends; inasmuch as by this means we may be acquainted with the will of God. In short, since man holds from the hand of God himself whatever he possesses, as well with regard to his existence, as to his manner of existing; it is the study of human nature only, that can fully instruct us concerning the views which God proposed to himself in giving<158> us our being, and consequently with the rules we ought to follow, in order to accomplish the designs of the Creator.

Three states of man.VI. For this purpose we must recollect what has been already said, of the manner in which man may be considered under three different respects or states, which embrace all his particular relations. In the first place we may consider him as God’s creature, from whom he has received his life, his reason, and all the advantages he enjoys. Secondly, man may be considered in himself as a being, composed of body and soul, and endowed with many different faculties; as a being that naturally loves himself, and necessarily desires his own felicity. In fine, we may consider him as forming a part of the species, as placed on the earth near several other beings of a similar nature, and with whom he is inclined, nay, by his natural condition, obliged to live in society.4 Such, in fact, is the system of humanity, from whence results the most common and natural distinction of our duties, taken from the three different states here mentioned; duties towards God, towards ourselves, and towards the rest of mankind.*

Religion: principle of the natural laws, that have God for their object.VII. In the first place, since reason brings us acquainted with God as a self-existent being, and so-<159>vereign Lord of all things, and in particular as our creator, preserver, and benefactor; it follows therefore that we ought necessarily to acknowledge the sovereign perfection of this supreme Being, and our absolute dependance on him: which by a natural consequence inspires us with sentiments of respect, love, and fear, and with an intire submission to his will. For why should God have thus manifested himself to mankind, were it not that their reason should teach them to entertain sentiments proportioned to the excellence of his nature, that is, they should honour, love, adore, and obey him?5

Consequences of this principle.VIII. Infinite respect is the natural consequence of the impression we receive from a prospect of all the divine perfections. We cannot refuse love and gratitude to a being supremely beneficent. The fear of displeasing or offending him, is a natural effect of the idea we entertain of his justice and power, and obedience cannot but follow from the knowledge of his legitimate authority over us, of his bounty, and supreme wisdom, which are sure to conduct us by the road most agreeable to our nature and happiness. The assemblage of these sentiments, deeply engraved in the heart, is called Piety.

Piety, if it be real, will shew itself externally two different ways, by our morals, and by outward worship. I say, 1. by our morals, because a pious man, sincerely penetrated with the abovementioned sentiments, will find himself naturally inclined to speak and act after the manner he knows to be most conformable to the divine will and perfections: this is his rule and model; from whence the practice of the most excellent virtues arises.<160>

2. But besides this manner of honouring God, which is undoubtedly the most necessary and most real, a religious man will consider it as a pleasure and duty to strengthen himself in these sentiments of piety, and to excite them in others. Hence external worship, as well public as private, is derived. For whether we consider this worship as the first and almost only means of exciting, entertaining, and improving religious and pious sentiments in the mind; or whether we look upon it as a homage, which men, united by particular or private societies, pay in common to the Deity; or whether, in fine, both these views are joined, reason represents it to us as a duty of indispensable necessity.6

This worship may vary indeed in regard to its form; yet there is a natural principle which determines its essence, and preserves it from all frivolous and superstitious practices; viz. that it consists in instructing mankind, in rendering them pious and virtuous, and in giving them just ideas of the nature of God, as also of what he requires from his creatures.

The different duties here pointed out, constitute what we distinguish by the name of Religion. We may define it, a connexion which attaches man to God, and to the observance of his laws, by those sentiments of respect, love, submission, and fear, which the perfections of a supreme Being, and our intire dependance on him, as an all-wise, and all-bountiful Creator, are apt to excite in the human mind.

Thus by studying our nature and state, we find, in the relation we have to the Deity, the proper principle from whence those duties of natural law, that have God for their object, are immediately derived.<161>

Self-love: the principle of those natural laws which concern ourselves.IX. If we search afterwards for the principle of those duties that regard ourselves, it will be easy to discover them, by examining the internal constitution of man, and inquiring into the Creator’s views in regard to him, in order to know for what end he has endowed him with those faculties of mind and body that constitute his nature.

Now it is evident, that God, by creating us, proposed our preservation, perfection, and happiness. This is what manifestly appears, as well by the faculties with which man is invested, which all tend to the same end; as by the strong inclination that prompts us to pursue good, and shun evil. God is therefore willing, that every one should labour for his own preservation and perfection, in order to acquire all the happiness of which he is capable according to his nature and state.

This being premised, we may affirm that self-love (I mean an enlightened and rational love of ourselves) may serve for the first principle with regard to the duties which concern man himself; inasmuch as this sensation being inseparable from human nature, and having God for its author, gives us clearly to understand in this respect the will of the supreme Being.7

Yet we should take particular notice, that the love of ourselves cannot serve us as a principle and rule, but inasmuch as it is directed by right reason, according to the exigencies or necessities of our nature and state.

For thus only it becomes an interpreter of the Creator’s will in respect to us; that is, it ought to be managed in such a manner, as not to offend the laws of religion or society. Otherwise this self-love<162> would become the source of a thousand iniquities; and so far from being of any service, would prove a snare to us, by the prejudice we should certainly receive from those very iniquities.

Natural laws derived from this principle.X. From this principle, thus established, it is easy to deduce the natural laws and duties that directly concern us. The desire of happiness is attended, in the first place, with the care of our preservation. It requires next, that (every thing else being equal) the care of the soul should be preferred to that of the body. We ought not to neglect to improve our reason, by learning to discern truth from falshood, the useful from the hurtful, in order to acquire a just knowledge of things that concern us, and to form a right judgment of them. It is in this that the perfection of the understanding, or wisdom, consists. We should afterwards be determined, and act constantly according to this light, in spite of all contrary suggestion and passion. For it is properly this vigour or perseverance of the soul, in following the counsels of wisdom, that constitutes virtue, and forms the perfection of the will, without which the light of the understanding would be of no manner of use.

From this principle all the particular rules arise. You ask, for example, whether the moderation of the passions be a duty imposed upon us by the law of nature? In order to give you an answer, I inquire, in my turn, whether it is necessary to our preservation, perfection, and happiness? If it be, as undoubtedly it is, the question is decided. You have a mind to know whether the love of occupation, the discerning between permitted and forbidden<163> pleasures, and moderation in the use of such as are permitted, whether, in fine, patience, constancy, resolution, &c. are natural duties; I shall always answer, by making use of the same principle; and, provided I apply it well, my answer cannot but be right and exact; because the principle conducts me certainly to the end, by acquainting me with the will of God.

Man is made for society.XI. There remains still another point to investigate, namely, the principle from whence we are to deduce those natural laws that regard our mutual duties, and have society for their object. Let us see whether we cannot discover this principle, by pursuing the same method. We ought always to consult the actual state of things, in order to take their result.

I am not the only person upon earth; I find myself in the middle of an infinite number of other men, who resemble me in every respect; and I am subject to this state, even from my nativity, by the very act of providence. This induces me naturally to think, it was not the intention of God that each man should live single and separate from the rest; but that, on the contrary, it was his will they should live together, and be joined in society. The Creator might certainly have formed all men at the same time, though separated from one another, by investing each of them with the proper and sufficient qualities for this kind of solitary life. If he has not followed this plan, it is probably because it was his will that the ties of consanguinity and birth should begin to form a more extensive union, which he was pleased to establish amongst men.<164>

The more I examine, the more I am confirmed in this thought. Most of the faculties of man, his natural inclinations, his weakness, and wants, are all so many indubitable proofs of this intention of the Creator.

1. Society is absolutely necessary for man.XII. Such in effect is the nature and constitution of man, that out of society he could neither preserve his life, nor display and perfect his faculties and talents, nor attain any real and solid happiness. What would become of an infant, were there not some benevolent and assisting hand to provide for his wants? He must perish, if no one takes care of him; and this state of weakness and ignorance requires even a long and continued assistance. View him when grown up to manhood, you find nothing but rudeness, ignorance, and confused ideas, which he is scarce able to convey; abandon him to himself, and you behold a savage, and perhaps a ferocious animal; ignorant of all the conveniences of life, sunk in idleness, a prey to spleen and melancholy, and almost incapable of providing against the first wants of nature. If he attains to old age, behold him relapsed into infirmities that render him almost as dependent on external aid as he was in his infancy. This dependance shews itself in a more sensible manner in accidents and maladies. What would then become of man, were he to be in a state of solitude? There is nothing but the assistance of our fellow-creatures that is able to preserve us from divers evils, or to redress them, and render life easy and happy, in whatsoever stage or situation of life.8 <165>

We have an excellent picture of the use of society, drawn by Seneca.*On what, says he, does our security depend, but on the services we render one another? It is this commerce of benefits that makes life easy, and enables us to defend ourselves against any sudden insults or attacks. What would be the fate of mankind, were every one to live apart? So many men, so many victims to other animals, an easy prey, in short, feebleness itself. In fact, other animals have strength sufficient to defend themselves: Those that are wild and wandering, and whose ferocity does not permit them to herd together, are born, as it were, with arms; whereas man is on all sides encompassed with weakness, having neither arms, nor teeth, nor claws to render him formidable. But the strength he wants by himself, he finds when united with his equals. Nature, to make amends, has endowed him with two things,<166> which give him a considerable force and superiority, where otherwise he would be much inferior; I mean reason and sociability, whereby he who alone could make no resistance, becomes master of the whole. Society gives him an empire over other animals; society is the cause, that, not satisfied with the element on which he was born, he extends his command over the sea. It is this same union that supplies him with remedies in his diseases, assistance in his old age, and comfort in his pains and anxieties; it is this that enables him, as it were, to bid defiance to fortune. Take away society, and you destroy the union of mankind, on which the preservation and the whole happiness of life depends.

2. Man by his constitution is very fit for society.XIII. As society is so necessary to man, God has therefore given him a constitution, faculties, and talents, that render him very proper for this state. Such is, for example, the faculty of speech, which enables us to convey our thoughts with facility and readiness, and would be of no manner of use out of society. The same may be said with regard to our propensity to imitation, and of that surprising mechanism which renders all the passions and impressions of the soul so easy to be communicated. It is sufficient a man appears to be moved, in order to move and soften others.* If a person accosts us with joy painted on his countenance, he excites in us the like sentiment of joy. The tears of a stranger affect us, even before we know the cause there-<167>of;† and the cries of a man related to us only by the common tie of humanity, make us fly to his succour by a mechanical movement previous to all deliberation.

This is not all. We see that nature has thought proper to distribute differently her talents among men, by giving to some an aptitude to perform certain things, which to others are impossible; while the latter have received, in their turn, an industry denied to the former. Wherefore, if the natural wants of men render them dependent on one anther, the diversity of talents, which qualifies them for mutual aid, connects and unites them. These are so many evident signs of man’s being designed for society.

3. Our natural inclinations prompt us to look out for society.XIV. But if we consult our own inclinations, we shall likewise find, that our hearts are naturally bent to wish for the company of our equals, and to dread an intire solitude as an irksome and forlorn state. And though there have been instances of people who have thrown themselves into a solitary life, yet we cannot consider this in any other light but as the effect of superstition, or melancholy, or of a singularity extremely remote from the state of nature. Were we to investigate the cause of this social inclination, we should find it was very wisely bestowed on us by the author of our being; by reason that it is in society man finds a remedy for the greatest part of his wants, and an occasion for exercising<168> most of his faculties; it is in society he is capable of feeling and displaying those sensations on which nature has intailed so much satisfaction and pleasure; I mean, the sensations of benevolence, friendship, compassion, and generosity. For such are the charms of social affections, that from thence our purest enjoyments arise. Nothing in fact is so satisfactory and flattering to man, as to think he merits the esteem and friendship of others. Science acquires an additional value, when it can display itself abroad; and our joy becomes more sensible, when we have an opportunity of testifying it in public, or of pouring it into the bosom of a friend: it is redoubled by being communicated; for our own satisfaction is increased by the agreeable idea we have of giving pleasure to our friends, and of fixing them more steadily in our interest. Anxiety, on the contrary, is alleviated and softened by sharing it with our neighbour; just as a burden is eased when a good-natured person helps us to bear it.

Thus every thing invites us to the state of society; want renders it necessary to us, inclination makes it a pleasure, and the dispositions we naturally have for it, are a sufficient indication of its being really intended by our Creator.

Sociability. Principles of natural laws relative to other men.XV. But as human society can neither subsist, nor produce the happy effects for which God has established it, unless mankind have sentiments of affection and benevolence for one another; it follows therefore, that our Creator and common Father is willing that every body should be animated with these sentiments, and do whatever lies in their power<169> to maintain this society in an agreeable and advantageous state, and to tie the knot still closer by reciprocal services and benefits.

This is the true principle of the duties which the law of nature prescribes to us in respect to other men. Ethic writers have given it the name of Sociability, by which they understand that disposition which inclines us to benevolence towards our fellow-creatures, to do them all the good that lies in our power, to reconcile our own happiness to that of others, and to render our particular advantage subordinate to the common and general good.

The more we study our own nature, the more we are convinced that this sociability is really agreeable to the will of God. For, beside the necessity of this principle, we find it engraved in our heart; where, if the Creator has implanted on one side the love of ourselves, the same hand has imprinted on the other a sentiment of benevolence for our fellow-creatures.9 These two inclinations, though distinct from one another, have nothing opposite in their nature; and God who has bestowed them upon us, designed they should act in concert, in order to help, and not to destroy each other. Hence good-natured and generous hearts feel a most sensible satisfaction in doing good to mankind, because in this they follow the inclination they received from nature.

Natural laws which flow from sociability.XVI. From the principle of sociability, as from their real source, all the laws of society, and all our general and particular duties towards other men, are derived.<170>

1. The public good ought always to be the supreme rule.1. This union which God has established among men requires, that in every thing relating to society, the public good should be the supreme rule of their conduct, and that guided by the counsels of prudence, they should never pursue their private advantage to the prejudice of the public: For this is what their state demands, and is consequently the will of their common father.

2.2. The spirit of sociability ought to be universal. The spirit of sociability ought to be universal. Human society embraces all those with whom we can have possibly any communication; because it is founded on the relations they all bear to one another, in consequence of their nature and state.*

3.3. To observe a natural equality. Reason afterwards informs us, that creatures of the same rank and species, born with the same faculties to live in society, and to partake of the same advantages, have in general an equal and common right. We are therefore obliged to consider ourselves as naturally equal, and to behave as such; and it would be bidding defiance to nature, not to acknowledge this principle of equity (which by the civilians is called aequabilitas juris ) as one of the first foundations of society. It is on this the lex talionis is founded, as also that simple but universal and useful rule, that we ought to have the same dispositions in regard to other men, as we desire they should have towards us, and to behave in the same manner towards them, as we are willing they should behave to us in the like circumstances.

4.4. To preserve a benevolence even towards our enemies. Self-defence is permitted, revenge is not. Sociability being a reciprocal obligation among men, such as through malice or injustice break the<171> band of society, cannot reasonably complain, if those they have injured do not treat them as friends, or even if they proceed against them by forcible methods.

But though we have a right to suspend the acts of benevolence in regard to an enemy, yet we are never allowed to stifle its principle. As nothing but necessity can authorise us to have recourse to force against an unjust aggressor, so this same necessity should be the rule and measure of the harm we do him; and we ought to be always disposed to reconcilement so soon as he has done us justice, and we have nothing farther to apprehend.

We must therefore distinguish carefully between a just defence of one’s own person, and revenge. The first does but suspend, through necessity, and for a while, the exercise of benevolence, and has nothing in it opposite to sociability. But the other stifling the very principle of benevolence, introduces, in its stead, a sentiment of hatred and animosity, a sentiment vicious in itself, contrary to the public good, and expresly condemned by the law of nature.

Particular consequences.XVII. These general rules are very fertile of consequences.

We should do no wrong to any one, either in word or action; and we ought to repair all damages by us committed; for society could not subsist, were acts of injustice tolerated.

We ought to be sincere in our discourse, and steady to our engagements; for what trust could men repose in one another, and what security could they have in commercial life, were it lawful to violate their plighted faith?<172>

We not only ought to do to every man the good he properly deserves, but moreover we should pay him the degree of esteem and honour due to him, according to his estate and rank; because subordination is the link of society, without which there can be no order either in families, or in civil governments.

But if the public good requires that inferiors should obey, it demands also that superiors should preserve the rights of those who are subject to them, and should govern their people only in order to render them happy.

Again: men are captivated by the heart, and by favours; now nothing is more agreeable to humanity, or more useful to society, than compassion, lenity, beneficence, and generosity. This is what induced Cicero to say,*There is nothing truer than that excellent maxim of Plato, viz. that we are not born for ourselves alone, but likewise for our country and friends: And if, according to the Stoics, the productions of the earth are for men, and men themselves for the good and assistance of one another; we ought certainly, in this respect, to comply with the<173> design of nature, and promote her intention, by contributing our share to the general interest, by mutually giving and receiving good turns, and employing all our care and industry, and even our substance, to strengthen that love and friendship which should always prevail in human society.

Since therefore the different sentiments and acts of justice and goodness, are the only and true bonds that knit men together, and are capable of contributing to the stability, peace, and prosperity of society; we must look upon those virtues as so many duties that God imposes on us, for this reason, because whatever is necessary to his design, is of course conformable to his will.

These three principles have all the requisite characters.XVIII. We have therefore three general principles of the laws of nature relative to the abovementioned three states of man: And these are, 1. Religion. 2. Self-love. 3. Sociability or benevolence towards our fellow-creatures.

These principles have all the characters above required. They are true, because they are taken from the nature of man, in the constitution and state in which God has placed him. They are simple, and within every body’s reach, which is an important point; because, in regard to duties, there is nothing wanting but principles that are obvious to every one; for a subtlety of mind that sets us upon singular and new ways, is always dangerous. In fine, these principles are sufficient, and very fertile; by reason they embrace all the objects of our duties, and acquaint us with the will of God in the several states and relations of man.<174>

Remarks on Puffendorf ’s system.XIX. True it is, that Puffendorf reduces the thing within a lesser compass, by establishing sociability alone as the foundation of all natural laws. But it has been justly observed, that this method is defective. For the principle of sociability does not furnish us with the proper and direct foundation of all our duties. Those which have God for their object, and those which are relative to man himself, do not flow directly and immediately from this source, but have their proper and particular principle. Let us suppose man in solitude: He would still have several duties to discharge, such as to love and honour God, to preserve himself, to cultivate his faculties as much as possible, &c. I acknowledge that the principle of sociability is the most extensive, and that the other two have a natural connexion with it; yet we ought not to confound them, as if they had not their own particular force, independent of sociability. These are three different springs, which give motion and action to the system of humanity; springs distinct from one another, but which act all at the same time pursuant to the views of the Creator.

The critics have carried their censures too far against him in this respect.XX. Be it said nevertheless, in justification of Puffendorf, and according to a judicious observation made by Barbeyrac, that most of the criticisms on the former’s system, as defective in its principle, have been pushed too far. This illustrious restorer of the study of natural law declares, his design was properly no more than to explain the natural duties<175> of man:* Now for this purpose he had occasion only for the principle of sociability. According to him, our duties towards God form a part of natural theology; and religion is interwoven in a treatise of natural law, only as it is a firm support of society. With regard to the duties that concern man himself, he makes them depend partly on religion, and partly on sociability.* Such is Puffendorf ’s system: He would certainly have made his work more perfect, if embracing all the states of man, he had established distinctly the proper principles agreeable to each of those states, in order to deduce afterwards from thence all our particular duties: For such is the just extent we ought to give to natural law.

Of the connexion between our natural duties.XXI. This was so much the more necessary, as notwithstanding our duties are relative to different objects, and deduced from distinct principles, yet they have, as we already hinted, a natural connexion; insomuch that they are interwoven, as it were, with one another, and by mutual assistance, the observance of some renders the practice of others more easy and certain. It is certain, for example, that the fear of God, joined to a perfect submission to his will, is a very efficacious motive to engage men to discharge what directly concerns themselves, and to do for their neighbour and for society whatever the law of nature requires. It is also certain, that the duties<176> which relate to ourselves, contribute not a little to direct us with respect to other men. For what good could the society expect from a man, who would take no care to improve his reason, or to form his mind and heart to wisdom and virtue? On the contrary, what may not we promise ourselves from those who spare no pains to perfect their faculties and talents, and are pushed on towards this noble end, either by the desire of rendering themselves happy, or by that of procuring the happiness of others? Thus whosoever neglects his duty towards God, and deviates from the rules of virtue in what concerns himself, commits thereby an injustice in respect to other men, because he subtracts so much from the common happiness. On the contrary, a person who is penetrated with such sentiments of piety, justice, and benevolence, as religion and sociability require, endeavours to make himself happy; because, according to the plan of providence, the personal felicity of every man is inseparably connected, on the one side with religion, and on the other with the general happiness of the society of which he is a member; insomuch that to take a particular road to happiness is mistaking the thing, and rambling quite out of the way. Such is the admirable harmony, which the divine wisdom has established between the different parts of the human system. What could be wanting to complete the happiness of man, were he always attentive to such salutary directions?

Of the opposition that sometimes happens between these very duties.XXII. But as the three grand principles of our duties are thus connected, so there is likewise a natural subordination between them, that helps to decide<177> which of those duties ought to have the preference in particular circumstances or cases, when they have a kind of conflict or opposition that does not permit us to discharge them all alike.

The general principle to judge rightly of this subordination is, that the stronger obligation ought always to prevail over the weaker. But to know afterwards which is the stronger obligation, we have only to attend to the very nature of our duties, and their different degrees of necessity and utility; for this is the right way to know in that case the will of God. Pursuant to these ideas, we shall give here some general rules concerning the cases above mentioned.

1. The duties of man towards God should always prevail over any other. For of all obligations, that which binds us to our all-wise and all-bountiful Creator, is without doubt the nearest and strongest.

2. If what we owe to ourselves comes in competition with our duty to society in general, society ought to have the preference. Otherwise, we should invert the order of things, destroy the foundations of society, and act directly contrary to the will of God, who by subordinating the part to the whole, has laid us under an indispensable obligation of never deviating from the supreme law of the common good.

3. But if, every thing else equal, there happens to be an opposition between the duties of self-love and sociability, self-love ought to prevail. For man being directly and primarily charged with the care of his own preservation and happiness, it follows therefore that in a case of intire inequality, the care of ourselves ought to prevail over that of others.<178>

4. But if, in fine, the opposition is between duties relating to ourselves, or between two duties of sociability, we ought to prefer that which is accompanied with the greatest utility, as being the most important.*

Natural law obligatory; and natural law of simple permission. General principle of the law of permission.XXIII. What we have hitherto explained, properly regards the natural law called obligatory, viz. that which having for its object those actions wherein we discover a necessary agreeableness or disagreeableness to the nature and state of man, lays us therefore under an indispensable obligation of acting or not acting after a particular manner. But in consequence of what has been said above,† we must acknowledge that there is likewise a law of simple permission, which leaves us at liberty in particular cases to act or not; and by laying other men under a necessity of giving us no let or molestation, secures to us in this respect the exercise and effect of our liberty.

The general principle of this law of permission is, that we may reasonably, and according as we judge proper, do or omit whatever has not an absolute and essential agreeableness or disagreeableness to the nature and state of man; unless it be a thing expressly ordained or forbidden by some positive law, to which we are otherwise subject.

The truth of this principle is obvious. The Creator having invested man with several faculties, and among the rest with that of modifying his actions as he thinks proper; it is plain that in every thing<179> in which he has not restrained the use of those faculties, either by an express command or a positive prohibition, he leaves man at liberty to exercise them according to his own discretion. It is on this law of permission all those rights are founded, which are of such a nature as to leave us at liberty to use them or not, to retain or renounce them in the whole or in part; and in consequence of this renunciation, actions in themselves permitted, happen sometimes to be commanded or forbidden by the authority of the sovereign, and become obligatory by that means.

Two species of natural law; one primitive, the other secondary.XXIV. This is what right reason discovers in the nature and constitution of man, in his original and primitive state. But as man himself may make divers modifications in his primitive state, and enter into several adventitious ones; the consideration of those new states fall likewise upon the object of the law of nature, taken in its full extent; and the principles we have laid down ought to serve likewise for a rule in the states in which man engages by his own act and deed.

Hence occasion has been taken to distinguish two species of natural law; the one primary, the other secondary.

The primary or primitive natural law is that which immediately arises from the primitive constitution of man, as God himself has established it, independent of any human act.

Secondary natural law is that which supposes some human act or establishment; as a civil state, property of goods, &c.<180>

It is easy to comprehend, that this secondary natural law is only a consequence of the former; or rather it is a just application of the general maxims of natural law to the particular states of mankind, and to the different circumstances in which they find themselves by their own act; as it appears in fact, when we come to examine into particular duties.

* Some perhaps will be surprized, that in establishing the principles of natural law, we have taken no notice of the different opinions of writers concerning this subject. But we judged it more adviseable to point out the true sources from whence the principles were to be drawn, and to establish afterwards the principles themselves, than to enter into a discussion which would have carried us too far for a work of this nature. If we have hit upon the true one, this will be sufficient to enable us to judge of all the rest; and if any one desires a more ample and more particular instruction, he may easily find it, by consulting Puffendorf, who relates the different opinions of civilians, and accompanies them with very judicious reflections.* <181>

[* ]See on this, and the following chapter, Puffendorf ’s Law of nature and nations, book ii. chap. iii.

[1. ]Here as elsewhere, the translator gives the singular “law of nature” for Burlamaqui’s plural “les lois naturelles.”

[2. ]In his critique of Pufendorf, Leibniz had stated that it is surprising and contradictory to argue that God’s will constitutes the “efficient cause” of natural law. See “The Judgment of an Anonymous Writer” §13, in Samuel Pufendorf, The Whole Duty of Man, According to the Law of Nature, ed. Ian Hunter and David Saunders (Indianapolis: Liberty Fund, 2003), pp. 267–305. See the introduction.

[3. ]Burlamaqui sides with Pufendorf ’s critics, many of whom agreed that it was a mistake for Pufendorf to deduce all natural law duties (including, e.g., man’s religious duties) from the needs of society and of social life. Burlamaqui follows Barbeyrac in deducing the natural law duties from three separate sources: see DHC I.3 §13 note 1; see also DNG II.3 §15 note 5.

[4. ]This threefold division is in DHC I.3 §13.

[* ]We meet with this division in Cicero: Philosophy, says he, teaches us in the first place the worship of the deity; secondly, the mutual duties of men, founded on human society; and, in fine, moderation and greatness of soul. “Haec (philosophia ) nos primum ad illorum (deorum ) cultum, deinde ad jus hominum, quod situm est in generis humani societate, tum ad modestiam magnitudinemque animi erudivit.” Cic. Tusc. quaest. lib. 1. cap. 26.

[5. ]Burlamaqui’s discussion of man’s duties toward God is mainly based on Pufendorf in DHC I.4, but without Pufendorf ’s insistence on the social dangers of atheism and his discussion of religion as “the strongest bond of human society,” DHC I.4 §9.

[6. ]Observations on the need for external worship based on DNG II.4 §3 note 2.

[7. ]Pufendorf treats man’s duties to himself in, for example, DHC I.5; Burlamaqui summarizes Pufendorf ’s long chapter, but he also follows Barbeyrac in making self-love the source of these duties; see DHC I.5 §1 note 1.

[8. ]Before discussing the duties of sociability, Burlamaqui provides a set of arguents to prove that man in fact needs social life in order to secure his own happiness; much of this discussion is from DNG II.1 §8 and DHC I.3 §3.

[* ]Quo alio tuti sumus, quàm quòd mutuis juvamur officiis? Hoc uno instructior vita contraque incursiones subitas munitior est, beneficiorum commercio. Fac nos singulos, quid sumus? praeda animalium et victimae, ac imbellissimus et facillimus sanguis. Quoniam caeteris animalibus in tutelam sui satis virium est: quaecunque vaga nascuntur, & actura vitam segregem, armata sunt. Hominem imbecillitas cingit; non unguium vis, non dentium, terribilem caeteris fecit. Nudum & infirmum societas munit. Duas res dedit quae illum, obnoxium caeteris, validissimum facerent, rationem & societatem. Itaque, qui par esse nulli poterat, si seduceretur, rerum potitur. Societas illi dominium omnium animalium dedit: Societas terris genitum, in alienae naturae transmisit imperium, & dominari etiam in mari jussit. Haec morborum impetus arcuit, senectuti adminicula prospexit, solatia contra dolores dedit. Haec fortes nos facit, quod licet contra fortunam advocare. Hanc societatem tolle, & unitatem generis humani, quá vita sustinetur, scindes. Senec. de Benef. lib. 4. cap. 18.

[* ]Homo sum; humani nihil a me alienum puto. Ter. Heauton.

[† ]

• Ut ridentibus adrident, ita flentibus adflent
• Humani vultus.
• —Hor. de Arte poet. v. 101.

[9. ]The emphasis on man’s natural benevolence for his fellow creatures is absent in Pufendorf and Barbeyrac, but constitutes a central theme in Hutcheson’s thought.

[* ]See Puffendorf, Law of nature and nations, book ii. chap. iii. § 15.

[* ]Sed quoniam (ut praeclarè scriptum est a Platone ) non nobis solùm nati sumus, ortusque nostri partem patria vindicat, partem amici: atque (ut placet Stoicis ) quae in terris gignuntur, ad usum hominum omnia creari, homines autem hominum causa esse generatos, ut ipsi inter se aliis alii prodesse possent: in hoc naturam debemus ducem sequi, & communes utilitates in medium afferre, mutatione officiorum, dando, accipiendo: tum artibus, tum opera, tum facultatibus devincire hominum inter homines societatem. Cic. de Offic. lib. 1. cap. 7.

[* ]See the Law of nature and nations, book ii. chap. iii. § 19. Specim. controvers. cap. 5. § 25. Spicilegium controversiarum, cap. 1. § 14.

[* ]See the Duties of man and a citizen, book i. chap. iii. § 15.

[* ]See Barbeyrac’s fifth note on section 15. of the third chapter, book ii. of the Law of nature and nations. [Burlamaqui makes one modification to Barbeyrac’s rule 2, which in Barbeyrac’s text states that preference is to be given to the option which promotes more overall utility. Burlamaqui’s modification results in a conflict between rules 2 and 3.]

[† ]See part i. chap. x. § 5. and 6.

[* ]See Grotius, Rights of war and peace, book i. chap. i. § 10. and Puffendorf, Law of nature and nations, book ii. chap. iii. § 22.

[* ]See Puffendorf, Law of nature and nations, book ii. chap. iii. § 1–14.