so long as he does not concern himself about me, but leaves me intirely to myself; I remain in as complete a liberty, in respect to him, as if he were not known to me, or as if he did not at all exist.* Wherefore there is no authority on his side, nor obligation on mine.
But if we suppose a malignant power; reason, far from approving, revolts against him, as against an enemy, so much the more dangerous, as he is invested with greater power. Man cannot acknowledge such a power has a right; on the contrary, he finds himself authorized to leave no measure untried to get rid of so formidable a master, in order to be sheltered from the evils with which he might otherwise be unjustly afflicted.<92>
But let us suppose a being equally wise and beneficent. Man, instead of being able to refuse him his approbation, will feel himself inwardly and naturally inclined to submit and acquiesce intirely in the will of such a being, who is possessed of all the qualities necessary to conduct him to his ultimate end. By his power, he is perfectly able to procure the good of those who are subject to him, and to remove whatever may possibly injure them. By his wisdom, he is thoroughly acquainted with the nature and constitution of those on whom he imposes laws, and knows their faculties and strength, and in what their real interests consist. He cannot therefore be mistaken, either in the designs he proposes for their benefit, or in the means he employs in order to attain them. In fine, goodness inclines such a sovereign to be really willing to render his subjects happy, and constantly to direct to this end the operations of his wisdom and power. Thus the assemblage of these qualities, by uniting in the very highest degree all that is capable of deserving the approbation of reason, comprizes whatsoever can determine man, and lay him under an internal as well as external obligation of submission and obedience. Here therefore lies the true foundation of the right of sovereignty.
We must not separate the qualities which form the right of sovereignty.
IX. In order to bind and subject free and rational creatures, there is no necessity, properly speaking, for more than an empire or authority, whose wisdom and lenity would forcibly engage the approbation of reason, independent of the motives excited by the apprehension of power. But as it easily happens, <93> from the manner that men are formed, that either through levity and neglect, or passion and malice, they are not so much struck as they ought, with the wisdom of the legislator, and with the excellency of his laws; it was therefore proper there should be an efficacious motive, such as the apprehension of punishment, in order to have a stronger influence over the will. For which reason it is necessary that the sovereign should be armed with power and force, to be better able to maintain his authority. Let us not separate therefore these different qualities, which form, by their concurrence, the right of the sovereign. As power alone, unaccompanied with benevolence, cannot constitute any right; so benevolence, destitute of power and wisdom, is likewise insufficient for this effect. For from this only, that a person wishes another well, it does not follow, that he is his master: neither are a few particular acts of benevolence sufficient for that purpose. A benefit requires no more than gratitude and acknowledgment; for in order to testify our gratitude, it is not necessary we should subject ourselves to the power of our benefactor. But let us join these ideas, and suppose, at one and the same time, a sovereign power, on which every one actually and really depends; a sovereign wisdom, that directs this power; and a supreme goodness, by which it is animated. What can we desire more, to establish, on the one side, the most eminent authority, and, on the other, the greatest subordination? We are compelled then, as it were, by our own reason, which will not so much as suffer us to deny, that such a superior is invested with <94> a true right to command, and that we are under a real obligation to obey.*
Definition of subjection. Foundation of dependance.
X. The notions of sovereign and sovereignty being once settled, it is easy to fix those of subjection and dependance.4
Subjects therefore are persons, that are under an obligation of obeying. And as it is power, wisdom, and benevolence, that constitute sovereignty; we must suppose, on the contrary, in subjects the weakness and wants, from whence dependance arises.
It is therefore right in Puffendorf to remark,* that what renders man susceptible of an obligation produced by an external principle, is that he naturally depends on a superior, and that moreover as a free and intelligent being, he is capable of knowing the rules given him, and of chusing to conform his actions to them. But these are rather condi-<95>tions necessarily supposed, and of themselves understood, than the exact and immediate causes of subjection. More important it is to observe, that as the power of obliging a rational creature is founded on the ability and will of making him happy, if he obeys; unhappy, if he disobeys; this supposes that this creature is capable of good and evil, sensible of pleasure and pain, and besides that his state of happiness or misery may be either increased or diminished. Otherwise, he might be forced indeed, by a superior power, to act after a certain manner, but he could not be properly obliged.
The obligation produced by law, is the most perfect that can be imagined.
XI. Such is the true foundation of sovereignty and dependance; a foundation that might be still better established, by applying these general principles to the particular species of known sovereignty or empire, such as that of God over man, that of a prince over his subjects, and the power of fathers over their children. We should be convinced thereby, that all these species of authority are originally founded on the principles above established; which would serve for a new proof of the truth of those principles.* But it is sufficient to have hinted here in general at this remark; the particulars we reserve for another place.
An authority established on such a foundation, and which comprizes whatever can be imagined most efficacious and capable to bind man, and to incline him to be steadily directed by certain rules of conduct, undoubtedly forms the completest and strongest obligation. For there is no obligation more perfect than <96> that which is produced by the strongest motives to determine the will, and the most capable, by their preponderancy, to prevail over all other contrary reasons.† Now every thing concurs here to this effect: the nature of the rules prescribed by the sovereign, which of themselves are the fittest to promote our perfection and felicity; the power and authority with which he is invested, whereby he is enabled to decide our happiness or misery; and, in fine, the intire confidence we have in him, because of his power, wisdom, and goodness. What can we imagine more to captivate the will, to gain the heart, to oblige man, and to produce within him the highest degree of moral necessity, which constitutes the most perfect obligation? I say, moral necessity; for we are not to destroy the nature of man; he remains always what he is, a free and intelligent being; and as such, the sovereign undertakes to direct him by his laws. Hence it is that even the strictest obligations never force the will; but, rigorously speaking, man is always at liberty to comply or not, though, as we commonly say, at his risk and peril. But if he consults reason, and is willing to follow its dictates, he will take particular care to avoid exercising this metaphysical power, in opposition to the views of his sovereign; an opposition that must terminate in his own misery and ruin.
Obligation is internal and external at the same time.
XII. We have already observed, that there are two sorts of obligation;‡ the one internal, which is the work of reason only, and founded on the good or evil we perceive in the very nature of things: <97> the other external, which is produced by the will of him whom we acknowledge our superior and master. Now the obligation produced by law, unites these two sorts of ties, which by their concurrence strengthen each other, and thus form the completest obligation that can possibly be imagined. It is probably for this reason, that most civilians acknowledge no other obligation properly so called, but that which is the effect of law, and imposed by a superior. This is true, if we mean only an external obligation, which indeed is the strongest tie of man. But it must not be inferred from thence, that we ought to admit no other sort of obligation. The principles we established, when inquiring into the first origin and the nature of obligation generally considered, and the particular remarks we have just now made on
