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 X

Of the merit and demerit of human actions; and of their imputation relative to the laws of nature.*

Distinction of imputability and imputation. Of the nature of a moral cause.I. In explaining the nature of human actions, considered with regard to right,† we observed, that an essential quality of these actions is to be susceptible of imputation; that is, the agent may be reasonably looked upon as the real author thereof,<238> may have it charged to his account, and be made answerable for it; insomuch that the good or bad effects from thence arising, may be justly attributed and referred to him, as to the efficient cause, concerning which we have laid down this principle, that every voluntary action is of an imputable nature.

We give in general the name of moral cause of an action to the person that produced it, either in the whole or part, by a determination of his will; whether he executes it himself physically and immediately, so as to be the author thereof; or whether he procures it by the act of some other person, and becomes thereby its cause. Thus whether we wound a man with our own hands, or set assassins to way-lay him, we are equally the moral cause of the evil from thence resulting.

It was observed likewise, that we must not confound the imputability of human actions with their actual imputation. The former, as has been just now mentioned, is a quality of the action; the latter is an act of the legislator, or judge, who lays to a person’s charge an action that is of an imputable nature.

Of the nature of imputation. It supposes a knowledge of the law, as well as of the fact.II. Imputation is properly therefore a judgment by which we declare, that a person being the author or moral cause of an action commanded or forbidden by the laws, the good or bad effects that result from this action, ought to be actually attributed to him; that he is consequently answerable for them, and as such is worthy of praise or blame, of recompence or punishment.<239>

This judgment of imputation, as well as that of conscience, is made by applying the law to the action, and comparing one with the other, in order to decide afterwards the merit of the fact, and to make the author consequently feel the good or evil, the punishment or recompence which the law has thereto annexed. All this necessarily supposes an exact knowledge of the law and of its right sense, as well as of the fact and such circumstances thereof, as may any way relate to the determination of the law. A want of this knowledge must render the application false, and the judgment erroneous.

Examples.III. Let us produce a few examples. One of the Horatii, who remained conqueror in the combat between the brothers of this name, and the three Curiatii, inflamed with anger against his sister for bewailing the death of one of the Curiatii her lover, and for bitterly reproaching him therewith, instead of congratulating him for his victory, slew her with his own hand. He was accused before the Duumvirs; and the question was, whether the law against murderers ought to be applied to the present case, in order to make him undergo the punishment? This was the opinion of the judges, who in fact condemned the young Roman. But an appeal being made to the people, they judged quite otherwise. Their notion was, that the law ought not to be applied to the fact; because a Roman lady, who seemed to be more concerned about her own particular interest, than sensible of the good of her country, might in some measure be considered and treated as an enemy; wherefore they pronounced the young<240> man innocent. Let us add another example of an advantageous imputation, or of a judgment of recompence. Cicero, in the beginning of his consulate, discovered the conspiracy of Catiline, which menaced the republic with ruin. In this delicate conjuncture he behaved with so much prudence and address, that the conspiracy was stifled without any noise or sedition, by the death of a few of the criminals. And yet J. Caesar, and some other enemies of Cicero, accused him before the people, for having put citizens to death contrary to rule, and before the senate or people had passed judgment against them. But the people attending to the circumstances of the fact, to the danger the republic had escaped, and to the important service Cicero had done, so far from condemning him as an infringer of the laws, decreed him the glorious title of father of his country.

Principles. 1. We ought not to infer actual imputation from imputability only.IV. In order to settle the principles and foundations of this matter, we must observe, 1. That we ought not to conclude the actual imputation of an action merely from its imputability. An action, to merit actual imputation, must necessarily have the concurrence of these two conditions: first, that it be of an imputable nature, and secondly, that the agent be under some obligation of doing or omitting it. An example will clear up the thing. Let us suppose two young men with the same abilities and conveniences, but under no obligation of knowing algebra: one of them applies himself to this science, and the other does not; though the action of the one and the other’s omission, are by themselves of an im-<241>putable nature; yet in this case they can be neither good nor bad. But were we to suppose that these two young men are designed by their prince, the one for some office of state, and the other for a military employment; in this case, their application or neglect in instructing themselves in jurisprudence, for example, or in the mathematics, would be justly imputed to them. The reason is, they are both indispensibly obliged to acquire such knowledge as is necessary for discharging properly the offices or employments to which they are called. Hence it is evident, that as imputability supposeth the power of acting or not acting; actual imputation requires, moreover, that a person be under an obligation of doing either one or the other.

2. Imputation supposes some connexion between the action and its consequences.V. 2. When we impute an action to a person, we render him, as has been already observed, answerable for the good or bad consequences of what he has done. From thence it follows, that in order to make a just imputation, there must be some necessary or accidental connexion between the thing done or omitted, and the good or bad consequences of the action or omission; and besides, the agent must have had some knowledge of this connexion, or at least he must have been able to have a probable foresight of the effects of his action. Otherwise the imputation cannot take place, as will appear by a few examples. A gunsmith sells arms to a man who has the appearance of a sensible, sedate person, and does not seem to have any bad design. And yet this man goes instantly to make an unjust attack on another person, and kills him. Here the<242> gunsmith is not at all chargeable, having done nothing but what he had a right to do; and besides, he neither could nor ought to have foreseen what happened. But if a person carelesly leaves a pair of pistols charged on a table, in a place exposed to every body, and a child insensible of the danger happens to wound or kill himself; the former is certainly answerable for the misfortune: by reason this was a clear and immediate consequence of what he has done, and he could and ought to have foreseen it.1

We must reason in the same manner with respect to an action productive of some good. This good cannot be attributed to a person, that has been the cause of it without knowledge or thought thereof. But in order to merit thanks and acknowledgment, there is no necessity of our being intirely sure of success; it is sufficient there was room to reasonably presume it, and were the effect absolutely to fail, the intention would not be the less commendable.

3. Foundations of merit and demerit.VI. 3. But in order to ascend to the first principles of this theory, we must observe, that as man is supposed to be obliged by his nature and state to follow certain rules of conduct; the observance of those rules constitutes the perfection of his nature and state; and, on the contrary, the infringing of them forms the degradation of both. Now we are made after such a manner, that perfection and order please us of themselves; while imperfection and disorder, and whatever relates thereto, naturally displease us. Consequently, we acknowledge that those who answering the end they were designed<243> for, perform their duty, and contribute thus to the good and perfection of the human system, are deserving of our approbation, esteem, and benevolence; that they may reasonably expect these sentiments in their favour, and have some sort of a right to the advantageous effects which naturally arise from thence. We cannot, on the contrary, avoid condemning those, who, through a bad use of their faculties, degrade their own state and nature; we confess they are worthy of disapprobation and blame, and that it is agreeable to reason, the bad effects of their conduct should fall upon themselves. Such are the foundations of merit and demerit.

In what merit and demerit consists.VII. Merit therefore is a quality which intitles us to the approbation, esteem, and benevolence of our superiors or equals, and to the advantages from thence resulting. Demerit is an opposite quality, which rendering us worthy of the censure and blame of those with whom we converse, obliges us, as it were, to acknowledge that it is reasonable they should entertain those sentiments towards us; and that we are under a melancholy obligation of bearing the bad effects that flow from thence.

These notions of merit and demerit, have therefore, it is plain, their foundation in the very nature of things, and are perfectly agreeable to common sense and the notions generally received. Praise and blame, where people judge reasonably,2 always follow the quality of actions, according as they are morally good or bad. This is clear with respect to the legislator: He must contradict himself in the grossest manner, were he not to approve what is conforma-<244>ble, and to condemn what is opposite to his laws. And as for those that depend on him, this very dependance obliges them to regulate their judgment on this subject.

4. Merit and demerit have their degrees; and so has imputation.VIII. 4. We have already* observed, that some actions are better than others, and that bad ones may likewise be more or less so, according to the different circumstances that attend them, and the disposition of the person that does them. Merit and demerit have therefore their degrees; they may be greater or lesser. Wherefore when we are to determine exactly how far an action ought to be imputed to a person, we should have regard to these differences; and the praise or blame, the recompence or punishment, ought likewise to have their degrees in proportion to the merit or demerit. Thus, according as the good or evil proceeding from an action is more or less considerable; according as there was more or less facility or difficulty to perform or to abstain from this action; according as it was done with more or less reflection and liberty; and finally, according as the reasons that ought to have determined us thereto, or diverted us from it, were more or less strong, and the intention and motives were more or less noble and generous; the imputation is made after a more or less efficacious manner, and its effects are more or less profitable or pernicious.

5. Imputation is either simple or efficacious.IX. 5. Imputation, as we have already hinted, may be made by different persons; and it is easy to<245> comprehend, that in those different cases, the effects thereof are not always the same; but that they must be more or less important, according to the quality of the persons, and the different right they have in this respect. Sometimes imputation is confined simply to praise or blame; and at other times it goes further. This gives us room to distinguish two sorts of imputation, one simple, and the other efficacious. The first consists only in approving or disapproving the action; insomuch that no other effect arises from thence with regard to the agent. But the second is not confined to blame or praise; it produces moreover some good or bad effect with regard to the agent; that is, some real and positive good or evil that befalls him.

6. Effects of one and the other.X. 6. Simple imputation may be made indifferently by every one, whether they have or have not a particular and personal interest in the doing or omitting of the action: it is sufficient they have a general and indirect interest. And as we may affirm that all the members of society are interested in the due observance of the laws of nature, hence they have all a right to praise or condemn another man’s actions according as they are conformable or contrary to those laws. They have even a kind of obligation in this respect. The regard they owe to the legislator and his laws, requires it of them; and they would be wanting in their duty to society and to individuals, were they not to testify, at least by their approbation or censure, the esteem they have for probity and virtue, and their aversion, on the contrary, to iniquity and vice.<246>

But with regard to efficacious imputation, in order to render it lawful, we should have a particular and direct interest in the performing or omitting of the action. Now those who have such an interest, are, firstly, persons whom it concerns to regulate the actions; secondly, such as are the object thereof, namely, those towards whom we act, and to whose advantage or prejudice the thing may turn. Thus a sovereign who has enacted laws, who commands certain things with a promise of recompence, and prohibits others under a commination of punishment, ought without doubt to concern himself about the observance of his laws, and has consequently a right to impute the actions of his subjects after an efficacious manner, that is, to reward or punish them. The same may be said of a person who has received some injury or damage by another man’s action: this very thing gives him a right to impute the action efficaciously to its author, in order to obtain a just satisfaction, and a reasonable indemnification.

7. If all those who are concerned, do not impute an action, it is supposed not to have been done.XI. 7. It may therefore happen, that several persons have a right to impute each on his side, the same action to the person that did it; because this action may interest them in different respects. And in that case, if any of the persons concerned has a mind to relinquish his right, by not imputing the action to the agent so far as it concerns himself; this does not in any shape prejudice the right of the rest, which is no way in his power. When a man does me an injury, I may indeed forgive him, as to what concerns myself; but this does not diminish<247> the right the sovereign may have to take cognizance of the injury, and to punish the author, as an infringer of the law, and a disturber of the civil order and government. But if those who are interested in the action, are willing not to impute it, and all jointly forgive the injury and the crime; in this case the action ought to be morally esteemed as never committed, because it is not attended with any moral effect.

8. Difference between the imputation of good and bad actions.XII. 8. Let us, in fine, observe, that there is some difference between the imputation of good and bad actions. When the legislator has established a certain recompence for a good action, he obliges himself to give this recompence, and he grants a right of demanding it to those who have rendered themselves worthy thereof by their submission and obedience. But with respect to penalties enacted against bad actions, the legislator may actually inflict them, if he has a mind, and has an incontestible right to do it; insomuch that the criminal cannot reasonably complain of the evil he is made to undergo, because he has drawn it upon himself through his disobedience. But it does not from thence ensue, that the sovereign is obliged to punish to the full rigour; he is always master to exercise his right, or to shew grace; to intirely remit or to diminish the punishment; and he may have very good reasons for doing either.<248>

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

[† ]Part i. chap. iii.

[1. ]See especially DNG I.5 §3 note 4.

[2. ]Read: “to judge reasonably of matters” (“à en juger raisonnablement”).

[* ]Part i. chap xi. § 12.