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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The civil state and property of goods produced several other establishments, which form the beauty and ornament of society, and from whence so many adventitious states arise: such as the different posts or offices of those who have any share in the government; as magistrates, judges, state-officers, ministers of religion, physicians, &c. To which may be added the polite arts, trades, agriculture, navigation, commerce, with their several dependancies, whereby human life is so agreeably and advantageously diversified.

      True idea of the natural state of man.

      XI. Such are the principal states produced by human consent. And yet, as these different modifications of the primitive state of man are the effect of his natural liberty, the new relations and different states from thence arising, may be very well considered as so many natural states; provided however that the use which men make of their liberty, in this re-<43>spect, has nothing in it unconformable to their natural constitution, that is, to reason and the state of society.

      It is therefore proper to observe, in relation to this subject, that when we speak of the natural state of man, we are to understand not only that natural and primitive state, in which he is placed, as it were, by the hands of nature herself; but moreover all those into which man enters by his own act and agreement, and that are conformable in the main to his nature, and contain nothing but what is agreeable to his constitution and the end for which he was formed. For since man himself, as a free and intelligent being, is able to see and know his situation, as also to discover his ultimate end, and in consequence thereof to take the right measures to attain it; it is properly in this light we should consider his natural state, to form thereof a just idea. That is, the natural state of man is, generally speaking, that which is conformable to his nature, constitution, and reason, as well as to the good use of his faculties, considered in their full maturity and perfection. We shall be particularly attentive to this remark, the importance of which will appear more sensibly by the application and use that may be made thereof on several occasions.

      Difference between original and adventitious states.

      XII. Let us not forget to observe likewise, that there is this difference between the primitive and adventitious states, that the former being annexed, as it were, to the nature and constitution of man, such as he has received them from God, are, for this very reason, common to all mankind. The same cannot be said of the adventitious states; which, supposing an hu-<44>man act or agreement, cannot of themselves be indifferently suitable to all men, but to those only that contrived and procured them.

      Let us add, in fine, that several of those states may be found combined and united in the same person, provided they have nothing incompatible in their nature. Thus the same person may be father of a family, judge, minister of state, &c. all at the same time.

      Such are the ideas we are to form of the nature and different states of man; and it is of all these parts united and compacted together, that the intire system of humanity is formed. These are like so many wheels of the same machine, which combined and managed by a dexterous hand, conspire all to the same end; and, on the contrary, unskilfully directed, embarrass and destroy each other. But how man, in fine, is enabled to conduct himself in this prudent manner, and what rule he is to observe in order to attain this happy end, is what we have still to inquire, and forms the subject of the following chapters.

       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.

      Definition of a rule.

      I. Let us begin with an explication of the terms. A rule, in its proper signification, is an instrument, by means of which we draw the shortest <45> line from one point to another, which for this very reason is called a straight line.1

      In a figurative and moral sense, a rule imports nothing else, but a principle, or maxim, which furnishes man with a sure and concise method of attaining to the end he proposes.

      It is not convenient, that man should live without a rule.

      II. The first thing we are to inquire in regard to this subject* is, whether it is really agreeable to the nature of man to submit his actions to a fixt and invariable rule; or whether, on the contrary, he is allowed to abandon himself indifferently to all the motions of his will, and thus to enjoy, without either limit or impediment, the extreme facility with which this faculty turns itself on all sides, in consequence of its natural flexibility.

      The reflexions we have given in the preceding chapters, are of themselves, and independent of any other argument, a sufficient and convincing proof, that the nature and constitution of man requires the establishment of some rule. Every thing in nature has its destination and end; and consequently, each creature is conducted to its end by a proper principle of direction. Man, who holds a considerable rank among the beings that surround him, participates undoubtedly of this fixt and universal order. And whether we consider him in himself as an intelligent and rational being; or view him as a member of society; or whether, in fine, we regard him as the handy-work of God, and deriving from this first being his faculties, state, and existence; all these circumstances<46> evidently indicate an end, a destination, and consequently imply the necessity of a rule. Had man been created to live at random without any fixt and determinate view, without knowing whither he is to direct his course, or what road he ought to take; it is evident that his noblest faculties would be of no manner of use to him. Wherefore waving all disquisitions concerning the necessity of a rule, let us endeavour rather to discover what this rule is, which alone, by enlightening the understanding, and directing our actions to an end worthy of him, is capable of forming the order and beauty of human life.

      A rule supposes an end, an aim.

      III. When we speak of a rule in relation to human actions, two things are manifestly supposed: the first, that human conduct is susceptible of direction, as we have already proved; the second, that man in all his steps and actions proposes to himself a scope or end which he is desirous to attain.

      The ultimate end of man is happiness.

      IV. Now let man reflect but never so little on himself, he will soon perceive that every thing he does is with a view of happiness, and that this is the ultimate end he proposes in all his actions, or the last term to which he reduces them. This is a first truth, of which we have a continual conviction from our own internal sense. Such, in effect, is the nature of man, that he necessarily loves himself, that he seeks in every thing and every where his own advantage, and can never be diverted from this pursuit. We naturally desire, and necessarily wish for good. This desire anticipates all our reflexions, and is not in our own election; it predominates in us, and becomes <47> the primum mobile of all our determinations; our hearts being never inclined towards any particular good, but by the natural impression which determines us to good in general. It is not in our power to change this bent of the will, which the Creator himself has implanted in us.2

      It is the system of providence.

      V. This system of providence extends to all beings endowed with sense and knowledge. Even animals themselves have a like instinct; for they all love themselves, endeavouring at self-preservation by all sorts of means, eagerly pursuing whatever seems good or useful to them, and turning, on the contrary, from whatever appears prejudicial or bad. The same propensity shews itself in man, not only as an instinct, but moreover as a rational inclination approved and strengthened by reflexion. Hence whatsoever presents itself to us as an object proper to promote our happiness, must of necessity please us; and every thing that appears opposite to our felicity, becomes of course the

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