The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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Reason has it always in her power to remain mistress.
XVI. But whatever strength may be attributed to the inclinations, passions, and habits, still it is necessary to observe, that they have never enough to impel man invincibly to act contrary to reason. Reason has it always in her power to preserve her superiority and rights. She is able, with care and application, to correct vicious dispositions, to prevent and even to extirpate bad habits; to bridle the most unruly passions by sage precautions, to weaken them by degrees, and finally to destroy them intirely, or to reduce them within their proper bounds. This is sufficiently proved by the inward feeling, that every man has of the liberty with which he determines to follow this sort of impressions; proved by the secret reproaches we make to ourselves, when <33> we have been too much swayed by them; proved, in fine, by an infinite variety of examples. True it is, that there is some difficulty in surmounting these obstacles; but this is richly compensated by the glory attending so noble a victory, and by the solid advantages from thence arising.
Man is capable of direction in regard to his conduct.
I. After having seen the nature of man, considered in respect to right, the result is, that he is a creature really susceptible of choice and direction in his conduct. For since he is capable, by means of his faculties, of knowing the nature and state of things, and of judging from this knowledge; since he is invested with the power of determining between two or several offers made to him; in fine, since, with the assistance of liberty, he is able, in certain cases, to suspend or continue his actions, as he judges proper; it evidently follows, that he is master of his own actions, and that he exercises a kind of authority and command over them, by virtue of which he can direct and turn them which way he pleases. Hence it appears how necessary it was for us to set out, as we have done, with inquiring previously into the nature and faculties of man. For how could we have <34> discovered the rules by which he is to square his conduct, unless we antecedently know in what manner he acts, and what are the springs, as it were, that put him in motion?
He is accountable for his actions: they can be imputed to him.
II. Another remark, which is a consequence of the foregoing, is, that since man is the immediate author of his actions, he is accountable for them; and in justice and reason they can be imputed to him. This is a point of which we think it necessary to give here a short explication.
The term of imputing is borrowed of arithmetic, and signifies properly, to set a sum down to somebody’s account. To impute an action therefore to a person, is to attribute it to him as to its real author, to set it down, as it were, to his account, and to make him answerable for it. Now it is evidently an essential quality of human actions, as produced and directed by the understanding and will, to be susceptible of imputation; that is, it is plain that man can be justly considered as the author and productive cause of those actions, and that for this very reason it is right to make him accountable for them, and to lay to his charge the effects that arise from thence as natural consequences. In fact, the true reason why a person cannot complain of being made answerable for an action, is that he has produced it himself knowingly and willingly. Every thing almost that is said and done in human society, supposes this principle generally received, and every body acquiesces in it from an inward conviction.<35>
Principle of imputability. We must not confound it with imputation.
III. We must therefore lay down, as an incontestable and fundamental principle of the imputability of human actions, that every voluntary action is susceptible of imputation; or, to express the same thing in other terms, that every action or omission subject to the direction of man, can be charged to the account of the person in whose power it was to do it or let it alone; and on the contrary, every action, whose existence or non-existence does not depend on our will, cannot be imputed to us. Observe here, that omissions are ranked by civilians and moralists among the number of actions; because they apprehend them as the effect of a voluntary suspension of the exercise of our faculties.
Such is the foundation of imputability, and the true reason why an action or omission is of an imputable nature. But we must take particular notice, that though an action is imputable, it does not ensue from thence only, that it merits actually to be imputed. Imputability and imputation are two things, which we should carefully distinguish. The latter supposes, besides the imputability, some moral necessity of acting or not, after a certain manner; or, which amounts to the same, some obligation that requires a thing to be done or omitted that can be really done or omitted.
Puffendorf* does not seem to have sufficiently distinguished between these two ideas. It is enough for our present purpose to point out the distinction, <36> deferring to treat of actual imputation, and to establish the principles thereof, till we have explained the nature of obligation, and shewn that man is actually obliged to conform his actions to rule.
What has been hitherto advanced, properly regards the nature of the human mind; or the internal faculties of man, as they render him capable of moral direction. But in order to complete our knowledge of human nature, we should view it likewise in its extrinsic condition, in its wants and dependancies, and in the various relations wherein it is placed; in fine,1 in what we may call the different states of man. For it is our situation in life that decides the use we ought to make of our faculties.
Further inquiry into what relates to human nature, by considering the different states of man.
Definition. Division.
I. The different states of man are nothing more than the situation wherein he finds himself in regard to the beings that surround him, with the relations from thence resulting.
We shall be satisfied with taking here a cursory view of some of the principal states, and to render them distinguishable by their essential characteristics, without entering into an exact inquiry, which should naturally take place, when treating in particular of each state.1<37>
All these different states may be ranged under two general classes: some are primitive and original; others adventitious.
Primitive and original states.
II. Primitive and original states are those in which man finds himself placed by the very hand of God, independent of any human action.
1. State of man with regard to God.
Such is, in the first place, the state of man with regard to God; which is a state of absolute