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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object of our aversion. The more we study man, the more we are convinced that here, in reality, lies the source of all our tastes; here the grand spring which sets us in motion.

      The desire of happiness is essential to man, and inseparable from reason.

      VI. And indeed, if it be natural to every intelligent and rational being, to act always with a fixt view and determinate end; it is no less evident, that this view or end must be ultimately reduced to himself, and consequently to his own advantage and happiness. The desire therefore of happiness is as essential to a man, and as inseparable from his nature, <48> as reason itself; for reason, as the very etymology of the word implies, is nothing more than a calculation and account. To reason, is to calculate, and to draw up an account, after balancing every thing, in order to see on which side the advantage lies. It would therefore imply a contradiction, to suppose a rational being, that could absolutely forego its interest, or be indifferent with regard to its own felicity.3

      Self-love is a principle that has nothing vicious in itself.

      VII. We must therefore take care not to consider self-love, and that sense or inclination which fixes us so strongly to our happiness, as a principle naturally vicious, and the fruit of human depravation. This would be accusing the author of our existence, and converting his noblest gifts into poison. Whatever comes from a being supremely perfect, is in itself good; and were we to condemn the sense or inclination of self-love as bad in itself, under a pretence that by a misconstruction and wrong use thereof it is the source of an infinite number of disorders, we should for the very same motives be obliged to condemn reason; because it is from the abuse of this faculty that the grossest errors and most extravagant irregularities of men proceed.4

      It may appear surprizing to some that we should have stopt here, to investigate and explain the truth of a principle, which one would imagine is obvious to every body, to the learned as well as the vulgar. And yet it was absolutely necessary; because this is a truth of the very last importance, which gives us the key, as it were, of the human system. It is true, that all ethic writers agree that man is made for happiness, and naturally desires it (for how is it <49> possible not to hear the voice of nature,5 which rises from the very bottom of the heart?). But a great many, after acknowledging this principle, seem to lose sight of it, and not attending to the consequences that flow from thence, they erect their systems on different, and sometimes quite opposite foundations.

      Man cannot attain to happiness but by the help of reason.

      VIII. But if it be true that man does nothing but with a view of happiness, it is no less certain that reason is the only way he has to attain it.

      In order to establish this second proposition or truth, we have only to attend to the very idea of happiness, and to the notion we have of good and evil. Happiness is that internal satisfaction of the soul which arises from the possession of good; good is whatever is agreeable to man for his preservation, perfection, entertainment, and pleasure. Evil is the opposite of good.

      Man incessantly experiences, that there are some things convenient, and others inconvenient to him; that the former are not all equally convenient, but some more than others; in fine, that this conveniency depends, for the most part, on the use he knows how to make of things, and that the same thing which may suit him, using it after a certain manner and measure, becomes unsuitable when this use exceeds its limits. It is only therefore by investigating the nature of things, as also the relations they have between themselves and with us, that we are capable of discovering their fitness or disagreement with our felicity, of discerning good from evil, of ranging every thing in its proper order, of setting a right <50> value upon each, and of regulating consequently our researches and desires.

      But is there any other method of acquiring this discernment, but by forming just ideas of things and their relations, and by deducing from these first ideas the consequences that flow from thence by exact and close argumentations? Now it is reason alone that directs all these operations. Yet this is not all: for as in order to arrive at happiness, it is not sufficient to form just ideas of the nature and state of things, but it is also necessary that the will should be directed by those ideas and judgments in the series of our conduct; so it is certain, that nothing but reason can communicate and support in man the necessary strength for making a right use of liberty, and for determining in all cases according to the light of his understanding, in spite of all the impressions and motions that may lead him to a contrary pursuit.

      Reason is therefore the primitive rule of man.

      IX. Reason is therefore the only means, in every respect, that man has left to attain to happiness, and the principal end for which he has received it. All the faculties of the soul, its instincts, inclinations, and even the passions, are relative to this end; and consequently it is this same reason that is capable of pointing out the true rule of human actions, or, if you will, she herself is this primitive rule. In fact, were it not for this faithful guide, man would lead a random life, ignorant even of what regards himself, unacquainted with his own origin and destination, and with the use he ought to make of whatever surrounds him; stumbling, like a blind man, at every <51> step; lost, in fine, and bewildered in an inextricable labyrinth.

      What is Right in general?

      X. Thus we are conducted naturally to the first idea of the word Right, which in its most general sense, and that to which all the particular significations bear some relation, is nothing else but whatever reason certainly acknowledges as a sure and concise means of attaining happiness, and approves as such.

      This definition is the result of the principles hitherto established. In order to be convinced of its exactness, we have only to draw these principles together, and unite them under one prospect. In fact, since right (droit) in its primary notion signifies whatever directs, or is well directed; since direction supposes a scope and an end, to which we are desirous of attaining; since the ultimate end of man is happiness; and, in fine, since he cannot attain to happiness but by the help of reason; does it not evidently follow, that Right in general is whatever reason approves as a sure and concise means of acquiring happiness? It is likewise in consequence of these principles, that reason giving its approbation to itself, when it happens to be properly cultivated, and arrived to that state of perfection in which it knows how to use all its discernment, bears, by way of preference or excellence, the appellation of right reason, as being the first and surest means of direction, whereby man is enabled to acquire felicity.

      That we may not forget any thing in the analysis of these first ideas, it is proper to observe here, that the Latins express what we call Right by the <52> word jus, which properly signifies an order or precept.* These different denominations undoubtedly proceed from this, that reason seems to command with authority whatever it avows to be a right and sure means of promoting our felicity. And as we have only to seek for what is right, in order to know what reason commands us, hence the natural connexion of these two ideas arose in respect to the rules of right reason. In a word, of two ideas naturally connected, the Latins have followed one, and we the other.

       CHAPTER VI

       General rules of conduct prescribed by reason. Of the nature and first foundations of obligation.

      Reason gives us several rules of conduct.

      I. It is already a great point gained, to have discovered the primitive rule of human actions, and to know this faithful guide, which is to direct the steps of man, and whose directions and counsels he may follow with an intire confidence. But let us not stop here; and since experience informs us that we are frequently mistaken in our judgments concerning good and evil, and that these erroneous

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