The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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This rule is a consequence of the foregoing ones; and we may affirm, that the ordinary conduct of men shews they are sensibly convinced of the prudence and necessity thereof. In effect, what is the aim of all this tumult of business into which they hurry themselves? To what end and purpose are all the labours they undertake, all the pains and fatigues they endure, all the perils to which they constantly expose themselves? Their intent is to acquire some advantages which they imagine they do not purchase too dear; though these advantages are neither present, nor so certain, as the sacrifices they must make in order to obtain them.
This is a very rational manner of acting. Reason requires, that in default of certainty we should take up with probability as the rule of our judgment and determination; for probability in that case is the only light and guide we have. And unless it is more eligible to wander in uncertainty, than to follow a guide; unless we are of opinion that our lamp ought to be extinguished when we are deprived of the light of the sun; it is reasonable to be directed by probability, when we are incapable to come at evidence. It is easier to attain our aim by the help <59> of a faint or glimmering light, than by continuing in darkness.*
Eighth rule. To have a relish for true goods.
VII. 8. We should be sollicitous to acquire a taste for true goods, insomuch that goods of an excellent nature, and acknowledged as such, should excite our desires, and induce us to make all the efforts necessary for getting them into our possession.
This last rule is a natural consequence of the others, ascertaining their execution and effects. It is not sufficient to have enlightened the mind in respect to the nature of these goods and evils that are capable of rendering us really happy or unhappy; we should likewise give activity and efficacy to these principles, by forming the will so as to determine itself by taste and habit, pursuant to the counsels of enlightened reason. And let no one think it impossible to change <60> our inclinations, or to reform our tastes. It is with the taste of the mind, as with that of the palate. Experience shews, that we may alter both, so as to find pleasure at length in things that before were disagreeable to us. We begin to do a thing with pain, and by an effort of reason; afterwards we familiarise ourselves to it by degrees; then a frequency of acts renders it easier to us, the repugnance ceases, we view the thing in a different light from what we did before; and use at length makes us love a thing that before was the object of our aversion. Such is the power of habit: it makes us insensibly feel so much ease and satisfaction in what we are acustomed to, that we find it difficult afterwards to abstain from it.
Our mind acquiesces naturally in these maxims; and they ought to influence our conduct.
VIII. These are the principal counsels we receive from reason. They are in some measure2 a system of maxims, which drawn from the nature of things, and particularly from the nature and state of man, acquaint us with what is essentially suitable to him, and include the most necessary rules for his perfection and happiness.
These general principles are of such a nature, as to force, as it were, our assent; insomuch that a clear and cool understanding, disengaged from the prejudice and tumult of passions, cannot help acknowledging their truth and prudence. Every one sees how useful it would be to man to have these principles present always in his mind, that by the application and use of them in particular cases, they may insensibly become the uniform and constant rule of his inclinations and conduct.<61>
Maxims, in fact, like these are not mere speculations: they should naturally influence our morals, and be of service to us in practical life. For to what purpose would it be to listen to the advice of reason, unless we intended to follow it? Of what signification are those rules of conduct, which manifestly appear to us good and useful, if we refuse to conform to them? We ourselves are sensible that this light was given us to regulate our steps and motions. If we deviate from these maxims, we inwardly disapprove and condemn ourselves, as we are apt to condemn any other person in a similar case. But if we happen to conform to these maxims, it is a subject of internal satisfaction, and we commend ourselves, as we commend others who have acted after this manner. These sentiments are so very natural, that it is not in our power to think otherwise. We are forced to respect these principles, as a rule agreeable to our nature, and on which our felicity depends.
Of obligation generally considered.
IX. This agreeableness sufficiently known implies a necessity of squaring our conduct by it. When we mention necessity, it is plain we do not mean a physical but moral necessity, consisting in the impression made on us by some particular motives, which determine us to act after a certain manner, and do not permit us to act rationally the opposite way.
Finding ourselves in these circumstances, we say we are under an obligation of doing or omitting a certain thing; that is, we are determined to it by solid reasons, and engaged by cogent motives, which, like so many ties, draw our will to that side. It is in this sense a person says he is obliged. For whether <62> we are determined by popular opinion, or whether we are directed by civilians and ethic writers, we find that the one and the other make obligation properly consist in a reason, which being well understood and approved, determines us absolutely to act after a certain manner preferable to another. From whence it follows, that the whole force of this obligation depends on the judgment, by which we approve or condemn a particular manner of acting. For to approve, is acknowledging we ought to do a thing; and to condemn, is owning we ought not to do it. Now ought and to be obliged are synonymous terms.
We have already hinted at the natural analogy between the proper and literal sense of the word obliged, and the figurative signification of this same term. Obligation properly denotes a tie;* a man obliged, is therefore a person who is tied. And as a man bound with cords or chains, cannot move or act with liberty, so it is very near the same case with a person who is obliged; with this difference, that in the first case, it is an external and physical impediment which prevents the effect of one’s natural strength; but in the second it is only a moral tie, that is, the subjection of liberty is produced by reason, which being the primitive rule of man and his faculties, directs and necessarily modifies his operations in a manner suitable to the end it proposed.
We may therefore define obligation, considered in general and in its first origin, a restriction of natural liberty, produced by reason; inasmuch as the counsels which reason gives us, are so many motives, that determine man to act after a certain manner preferable to another.<63>
Obligation may be more or less strong.
X. Such is the nature of primitive and original obligation. From thence it follows, that this obligation may be more or less strong, more or less rigorous; according as the reasons that establish it have more or less weight, and consequently as the motives from thence resulting have more or less impression on the will. For manifest it is, that the more these motives are cogent and efficacious, the more the necessity of conforming our actions to them becomes strong and indispensable.
Dr. Clark’s opinion on the nature and origin of obligation.
XI. I am not ignorant, that this explication of the nature and origin of obligation is far from being adopted by all civilians and ethic writers. Some pretend, †that the natural fitness or unfitness which we acknowledge in certain actions, is the true and original foundation of all obligation; that virtue has an intrinsic beauty which renders it amiable of itself, and that vice on the contrary is attended with an intrinsic deformity, which ought to make us detest it, and this antecedent to and independent of the good and evil, of the rewards and punishments which may arise from the practice of either.
But this opinion, methinks, can be supported no farther