A Methodical System of Universal Law. Johann Gottlieb Heineccius
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SECTION CLXXII
The foundation of our duties towards others.
Let us now proceed to consider our duties towards others, the foundation of which lies, as was observed above, in this, that man is by nature equal to man, and therefore every man is obliged to love every other with a love of friendship (§85 & 88). And because equality of nature requires equality of offices, hence we concluded, that every man is obliged to love every man no less than himself (§93).
SECTION CLXXIII
They are either perfect or imperfect.
We have also shewn that there are two degrees of this love, one of which we called love of justice, and the other love of humanity and beneficence (§82 & seq.) But because the former consists in doing nothing that may render one more unhappy, and therefore in not hurting any person, and in giving to every one his own, or what is due to him; and the latter consists in endeavouring, to the utmost of our ability, to increase and promote another’s perfection and happiness, and in rendering to him even what we do not owe to him by strict and perfect obligation; the consequence of this is, that of the duties we owe to others, some are duties of justice, which are of perfect obligation, and others are duties of humanity and beneficence, which are of imperfect obligation. <124>
SECTION CLXXIV
These duties defined.
Therefore those are perfect duties, to which one is bound by such perfect obligation, that he may be forced to perform them; such as to injure no person, and to render to every one what is due to him: those are imperfect, to which we cannot be forced, but are only bound by the intrinsic goodness of the actions themselves; such as, to study to promote the perfection and happiness of others to the utmost of our power (§84).*
SECTION CLXXV
They are divided into absolute and hypothetical.
Since perfect duties may be reduced to not injuring any one, and rendering to every one his due (§174); but to injure, is to render one more unhappy than he is by nature, or would otherwise be (§82); and one may call that his due, or his own, which he hath justly acquired (§82); it follows, that obligation not to injure any one is natural; and obligation to render to every one his due is acquired; whence the former is called absolute, and the latter we call hypothetical.† <125>
SECTION CLXXVI
In what order these duties ought to be treated.
Further, since the right we acquire to any thing arises either from dominion, or from compact or convention, it follows that all hypothetical duties spring either from compact or from dominion; and therefore this will be the properest order we can follow, to begin first with considering perfect absolute duties, and then to treat of imperfect ones; next to speak of those hypothetical duties, which arise from dominion or property; and lastly, to handle those which arise from compact. But imperfect ones ought to be considered before we come to the hypothetical ones, because after dominion and compacts were introduced into the world, humanity becoming very cold and languid, men have sadly degenerated into selfishness.
SECTION CLXXVII
Every man ought to treat every other as his equal.
First of all, it ought to be laid down as a maxim, that men are by nature equal (§172), being composed of the same essential parts; and because tho’ one man may share perfections, as it were by his good lot, above others, yet different degrees of perfection do not alter the essence of man, but all men are equally men: whence it follows, that every one ought to treat every other as equally a man with himself, and not to arrogate to himself any privilege in things belonging to many by perfect right, without a just cause; and therefore not to do to <126> any other what he would not have done to himself (§88).*
SECTION CLXXVIII
And then no person ought to be injured.
Since therefore we ought not to do to any one what we would not have done to ourselves (§177); but none of us would like to be deprived by any other of our perfection and happiness which we have by nature, or have justly acquired; i.e. to be injured or hurt (§82); the consequence is, that we ought not to render any one more imperfect or unhappy, i.e. injure any one. And because to what constitutes our felicity and perfection, belongs not only our body, but more especially our mind, this precept must extend to both these parts, and an injury to our mind must be as much greater than an injury to our bodily part, as the mind is more excellent than the body.* <127>
SECTION CLXXIX
No person may be killed, no injury may be done to one’s body, health, &c.
The perfection and happiness of man consists in life, i.e. in the union of his soul and body (§143), which is of all he hath received from nature the most excellent gift, and is indeed the basis or foundation of all the rest: since therefore it is unlawful to deprive any one of the perfection and happiness he hath received from nature, and we would not choose to have our life taken away by another, (§178), it is self-evident, that it is our duty not to kill any person; not to do the least detriment to his health; not to give any occasion to his sickness, pain, or death, or not to expose him to any danger, without having a right to do it, or with an intention to have him killed.*
SECTION CLXXX
Unless necessity obliges to lawful self-defence.
Yet