The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui

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The Principles of Natural and Politic Law - Jean-Jacques Burlamaqui Natural Law and Enlightenment Classics

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and liberty being faculties of the soul, they cannot be blind or destitute of knowledge; but <16> necessarily suppose the operation of the understanding. How is it possible in fact to determine, suspend, or alter our resolutions, unless we know what is proper for us to chuse? It is contrary to the nature of an intelligent and rational being to act without intellection and reason. This reason may be either superficial or bad; yet it has some appearance at least, some glimmering, that makes us give it a momentary approbation. Wherever there is election or choice, there must be a comparison; and a comparison implies at least a confused reflection, a kind of deliberation, though of a quick and almost imperceptible nature, on the subject before us.

      The end of 2 our deliberations is to procure us some advantage. For the will tends generally towards good, that is, to whatsoever is really or apparently proper for rendering us happy; insomuch, that all actions depending on man, and that are any way relative to his end, are for this very reason subject to the will. And as truth, or the knowledge of things, is agreeable to man; and in this signification truth is also a good, it follows therefore that truth forms one of the principal objects of the will.

      Liberty, like the will, has goodness and truth for its object; but it has less extent with regard to actions; for it does not exercise itself in all the acts of the will, but only in those which the soul has a power of suspending or altering as she pleases.3

      Use of liberty in our judgments in respect to truth.

      IV. But if any one should inquire which are those acts wherein liberty displays itself? We answer, that they are easily known, by attending to what passes within us, and to the manner in which the mind <17> conducts itself in the several cases that daily occur: as, in the first place, in our judgments concerning true and false; secondly, in our determinations in relation to good and evil; and finally, in indifferent matters. These particulars are necessary, in order to be acquainted with the nature, use, and extent of liberty.

      With regard to truth, we are formed in such a manner, that so soon as evidence strikes the mind, we are no longer at liberty to suspend our judgment. Vain would be the attempt to resist this sparkling light; it absolutely forces our assent. Who, for example, could pretend to deny that the whole is greater than its part, or that harmony and peace are preferable, either in a family or state, to discord, tumults, and war?

      The same cannot be affirmed in regard to things that have less perspicuity and evidence; for in these the use of liberty displays itself in its full extent. It is true our mind inclines naturally to that side which seems the most probable; but this does not debar it from suspending its assent, in order to seek for new proofs, or to refer the whole inquiry to another opportunity. The obscurer things are, the more we are at liberty to hesitate, to suspend, or defer our determination. This is a point sufficiently evinced by experience. Every day, and at every step, as it were, disputes arise, in which the arguments on both sides leave us, by reason of our limited capacity, in a kind of doubt and equilibrium, which permits us to suspend our judgment, to examine the thing anew, and to incline the balance at length to one side more than the other. We find, for example, <18>that the mind can hesitate a long time, and forbear determining itself, even after a mature inquiry, in respect to the following questions: Whether an oath extorted by violence is obligatory? Whether the murder of Caesar was lawful? Whether the Roman senate could with justice refuse to confirm the promise made by the Consuls to the Samnites, in order to extricate themselves from the Caudine Forks; or whether they ought to have ratified and given it the force of a public treaty? &c.4

      Liberty has its exercise, even in regard to things that are evident.

      V. Though there is no exercise of liberty in our judgment, when things present themselves to us in a clear and distinct manner; still we must not imagine that the intire use of this faculty ceases in respect to things that are evident. For in the first place, it is always in our power to apply our minds to the consideration of those things, or else to divert them from thence, by transferring somewhere else our attention. This first determination of the will, by which it is led to consider or not to consider the objects that occur to us, merits particular notice, because of the natural influence it must have on the very determination, by which we conclude to act or not to act, in consequence of our reflexion and judgment. Secondly, we have it likewise in our power to create, as it were, evidence in some cases, by dint of attention and inquiry; whereas at first setting out, we had only some glimmerings, insufficient to give us an adequate knowledge of the state of things. In fine, when we have attained this evidence, we are still at liberty to dwell more or less on the consideration thereof; which is also of great consequence, because on this depends its greater or lesser degree of impression.<19>

      Objection.

      These remarks lead us to an important reflexion, which may serve for answer to an objection raised against liberty. “It is not in our power (say they) to perceive things otherwise than as they offer themselves to our mind; now our judgments are formed on this perception of things; and it is by these judgments that the will is determined: The whole is therefore necessary and independent of liberty.”

      Answer.

      But this difficulty carries little more with it than an empty appearance. Let people say what they will, we are always at liberty to open or to shut our eyes to the light; to exert, or relax our attention. Experience shews, that when we view an object in different lights, and determine to search into the bottom of matters, we descry several things that escaped us at first sight. This is sufficient to prove that there is an exercise of liberty in the operations of the understanding, as well as in the several actions thereon depending.

      Use of liberty with regard to good and evil.

      VI. The second question we have to examine, is whether we are equally free in our determinations, in regard to good and evil.

      To decide this point, we need not stir out of our selves; for here also by facts, and even by our internal experience,5 the question may be determined. Certain it is, that in respect to good and evil considered in general, and as such, we cannot, properly speaking, exercise our liberty, by reason that we feel ourselves drawn towards the one by an invincible propensity, and estranged from the other by a natural and insuperable aversion. Thus it has been ordered <20> by the author of our being, whilst man has no power in this respect to change his nature. We are formed in such a manner, that good of necessity allures us; whereas evil, by an opposite effect, repels us, as it were, and deters us from attempting to pursue it.

      But this strong tendency to good, and natural aversion to evil in general, does not debar us from being perfectly free in respect to good and evil particularly considered; and though we cannot help being sensible of the first impressions which the objects make on us, yet this does not invincibly determine us to pursue or shun those objects. Let the most beautiful and most fragrant fruit, replenished with exquisite and delicious juice, be unexpectedly set before a person oppressed with thirst and heat; he will find himself instantly inclined to seize on the blessing offered to him, and to ease his inquietude by a salutary refreshment. But he can also stop, and suspend his action, in order to examine whether the good he proposes to himself, by eating this fruit, will not be attended with evil; in short, he is at liberty to weigh and deliberate,6 in order to embrace the safest side of the question. Besides, we are not only capable, with the assistance of reason, to deprive ourselves of a thing, whose flattering idea invites us; but moreover we are able to expose ourselves to a chagrin or pain, which we dread and would willingly avoid, were we not induced by superior considerations to support it. Can any one desire a stronger proof of liberty?

      With regard to indifferent things.

      VII. True it is notwithstanding, that the exercise of this faculty never displays itself more than in in-<21>different things. I find, for instance, that it depends intirely on myself to stretch out or draw back my hand; to sit down or

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