The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
Чтение книги онлайн.
Читать онлайн книгу The Principles of Natural and Politic Law - Jean-Jacques Burlamaqui страница 26
![The Principles of Natural and Politic Law - Jean-Jacques Burlamaqui The Principles of Natural and Politic Law - Jean-Jacques Burlamaqui Natural Law and Enlightenment Classics](/cover_pre945626.jpg)
2. Nor the sole excellence or superiority of nature.
V. The other two opinions have something in them that is plausible and even true; yet they do not seem to me to be intirely sufficient. The principles they establish are too vague, and have need to be reduced to a more determinate point.
2. And, indeed, I do not see, that the sole excellency of nature is sufficient to found a right of sovereignty.3 I will acknowledge, if you please, this excellency, and agree to it as a truth that I am well convinced of: This is the whole effect that must naturally arise from this hypothesis. But here I make a halt; and the knowledge I have of the excellency of a superior being does not alone afford me a motive sufficient to subject myself to him, and to induce me to abandon my own will, in order to <87> take his for my rule. So long as I am confined to these general heads, and am informed of nothing more, I do not feel myself inclined by an internal motion to submit; and without any reproach of conscience, I may sincerely judge, that the intelligent principle within me, is sufficient to direct my conduct. So far we confine ourselves to mere speculation. But if you should attempt to require any thing more of me, the question would then be reduced to this point: How and in what manner does this being, whom you suppose to surpass me in excellence, intend to conduct himself with regard to me; and by what effects will this superiority or excellence be displayed? Is he willing to do me good or harm, or is he, in respect to me, in a state of indifference? To these interrogations there must be absolutely some answer given; and according to the side that is chosen, I shall agree perhaps, that this being has a right to command me, and that I am under an obligation of obeying. But these reflections are, if I am not mistaken, a demonstrative proof, that it is not sufficient to alledge merely and simply the excellence of a superior being, in order to establish the foundation of sovereignty.
3. Nor the sole quality of Creator.
VI. Perhaps there is something more exact in the third hypothesis. “God,” say they, “is the Creator of man; it is from him he has received and holds his life, his reason, and all his faculties, he is therefore master of his work, and can of course prescribe what rules he pleases. Hence our dependance, hence the absolute empire of God over us naturally arises; and this is the very origin or first foundation of all authority.”<88>
The sum of what is here alledged to found the empire of God over man, is reduced to his supreme power. But does it follow from thence only, and by an immediate and necessary consequence, that he has a right to prescribe laws to us? That is the question. The sovereign power of God enables him to dispose of man as he has a mind, to require of him whatever he pleases, and to lay him under an absolute necessity of complying: For the creature cannot resist the Creator, and by its nature and state it finds itself in so absolute a dependance, that the Creator may, if so is his pleasure, even annihilate and destroy it. This we own, is certain; and yet it does not seem sufficient to establish the right of the Creator. There is something more than this requisite to form a moral quality of a simple power, and to convert it into right.* In a word, it is necessary, as we have more than once observed, that the power be such as ought to be approved by reason; to the end that man may submit to it willingly, and by that inward sense which produces obligation.
Here I beg leave to make a supposition that will set the thing in a much clearer light. Had the Creator given existence to the creature only to render it unhappy, the relation of Creator and creature would still subsist, and yet we could not possibly conceive, in this supposition, either right or obligation. The irresistible power of the Creator might indeed constrain the creature; but this constraint would never form a reasonable obligation, a moral tie; because an obligation of this nature always supposes the concurrence of the will, and an approbation or an acquiescence on the part <89> of man, from whence a voluntary submission arises. Now this aquiescence could never be given to a being, that would exert his supreme power only to oppress his creature, and render it unhappy.
The quality therefore of Creator is not alone and of itself sufficient to establish the right of command, and the obligation of obeying.
True foundation of sovereignty: Power, wisdom, and goodness joined together.
VII. But if to the idea of Creator we join (which Barbeyrac probably supposed, though he has not distinctly expressed it) the idea of a being perfectly wise and sovereignly good, who has no desire of exercising his power but for the good and advantage of his creatures; then we have every thing necessary to found a legitimate authority.
Let us only consult ourselves, and suppose, that we not only derive our existence, life, and all our faculties, from a being infinitely superior to us in power; but moreover, that we are perfectly convinced that this being, no less wise than powerful, had no other aim in creating us, but to render us happy, and that with this view he is willing to subject us to laws: certain it is, that under these circumstances, we could not avoid approving of such a power, and the exercise thereof in respect to us. Now this approbation is acknowledging the right of the superior; and consequently the first counsel that reason gives us, is to resign ourselves to the direction of such a master, to subject ourselves to him, and to conform all our actions to what we know in relation to his will. And why so? because it is evident to us, from the very nature of things, that this is the surest and shortest way to arrive at hap-<90>piness, the end to which all mankind aspire. And from the manner we are formed, this knowledge will be necessarily attended with the concurrence of our will, with our acquiescence, and submission; insomuch that if we should act contrary to those principles, and any misfortune should afterwards befall us, we could not avoid condemning ourselves, and acknowledging, that we have justly drawn upon ourselves the evil we suffer. Now this is what constitutes the true character of obligation, properly so called.
Explication of our opinion.
VIII. If we have therefore a mind to embrace and take in the whole, in order to form a complete definition, we must say, that the right of sovereignty arises from a superiority of power, accompanied with wisdom and goodness.
I say, in the first place, a superiority of power, because an equality of power, as we have observed in the very beginning, excludes all empire, all natural and necessary subordination; and besides, sovereignty and command would become useless and of no manner of effect, were they not supported by a sufficient power. What would it avail a person to be a sovereign, unless he were possessed of effectual methods to enforce his orders and make himself obeyed?
But this is not yet sufficient; wherefore I say, in the second place, that this power ought to be wise and benevolent: wise, to know and to chuse the properest means to make us happy; and benevolent, to be generally inclinable to use those means that tend to promote our felicity.<91>
In order to be convinced of this, it will be sufficient to remark three cases, which are the only ones that can be here supposed. Either he is, with respect to us, an indifferent power, that is, a power willing to do us neither good nor harm, as no ways interesting himself in what concerns us; or he is a malignant power; or, in fine, he is a propitious and benevolent power.
In the first case, our question cannot take place. How superior soever a being is in regard to