The Principles of Natural Law: In Which the True Systems of Morality and Civil Government Are Established, and the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Lo

, by Burlamaqui, J. J.

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ISBN: 9781584772958 | 1584772956
Cover: Hardcover
Copyright: 7/1/2004

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PART I. General Principles of Right

Of the nature of man considered with regard to right: of the understanding, and whatever is relative to this faculty

(12)

Design of this work: what is meant by natural law

We must deduce the principles of this science from the nature and state of man

(1)

Definition of man; what his nature is

(1)

Different actions of man: which are those that are the object of right?

(1)

Principal faculties of the soul

(1)

The understanding; truth

Principle. The understanding is naturally right

(1)

In what manner perception, attention, and examen, are formed

(1)

Evidence; Probability

(1)

Of the senses, the imagination, and memory

(1)

The perfection of the understanding consists in the knowledge of truth. Two obstacles to this perfection, ignorance and error

Different sorts of error. 1. Error of the law, and of the fact. 2. Voluntary and involuntary. 3. Essential and accidental

(3)

Continuation of the principles relative to the nature of man. Of will and liberty

(20)

The will. What happiness and good consist in

Instincts, inclinations, passions

(1)

Liberty: in what it consists

(1)

Use of liberty in our judgments in respect to truth

(2)

Liberty has its exercise, even in regard to things that are evident

(2)

Objection

(1)

Answer

Use of liberty with regard to good and evil

With regard to indifferent things

(1)

Why the exercise of liberty is restrained to non-evident truths, and particular goods

(2)

The proof of liberty drawn from our inward sense, is superior to any other

(3)

How comes it that liberty has been contested

(1)

Actions are voluntary, and involuntary; free, necessary, and constrained

(3)

Our faculties help one another reciprocally

(1)

Of reason and virtue

Causes of the diversity we observe in the conduct of men

(1)

Reason has it always in her power to remain mistress

(1)

That man thus constituted, is a creature capable of moral direction, and accountable for his actions

(3)

Man is capable of direction in regard to his conduct

He is accountable for his actions: they can be imputed to him

(1)

Principle of imputability. We must not confound it with imputation

(1)

Further inquiry into what relates to human nature, by considering the different states of man

(8)

Definition. Division

Primitive and original states

(1)

1. State of man with regard to God

2. State of society

(1)

3. State of solitude. 4. Peace: war

(1)

State of man with regard to the goods of the earth

(1)

Adventitious states. 1. Family. 2. Marriage

(1)

Weakness of man at his birth. Natural dependance of children on their parents

The state of property

(1)

Civil state and government

The civil state and property of goods give rise to several adventitious states

(1)

True idea of the natural state of man

Difference between original and adventitious states

(1)

That man ought to square his conduct by rule; the method of finding out this rule; and the foundations of right in general

(8)

Definition of a rule

It is not convenient, that man should live without a rule

(1)

A rule supposes an end, an aim

(1)

The ultimate end of man is happiness

`Tis the system of providence

(1)

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

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

(1)

Man cannot attain to happiness but by the help of reason

(1)

Reason is therefore the primitive rule of man

(1)

What is right in general?

(1)

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

(15)

Reason gives us several rules of conduct

First rule. To make a right distinction of goods and evils

(2)

Second rule. True happiness cannot consist in things that are inconsistent with the nature and state of man

(1)

Third rule. To compare the present and the future together

(1)

Fourth rule

Fifth rule

Sixth rule. To give the goods that excel most, the preference

(1)

Seventh rule. In some cases possibility only, and by a much stronger reason probability, ought to determine us

(1)

Eighth rule. To have a relish for true goods

(1)

Our mind acquiesces naturally to these maxims; and they ought to influence our conduct

(1)

Of obligation generally considered

(2)

Obligation may be more or less strong

(1)

Dr. Clark's opinion on the nature and origin of obligation

(1)

Monsieur Barbeyrac's opinion concerning this subject

(2)

Two sorts of obligations; internal and external

(1)

Of right considered as a faculty, and of the obligation thereto corresponding

(9)

The word right is taken in several particular senses, which are all derived from the general notion

Definition of right, considered as a faculty

(1)

We must take care to distinguish between a simple power, and right

(1)

General foundation of the rights of man

(1)

Right produces obligation

Right and obligation are two relative terms

(2)

At what time man is susceptible of right and obligation

Several sorts of rights and obligations

(3)

Of law in general

(5)

As man by nature is a dependent being, the law ought to be the rule of his actions

Definition of law

(1)

Why law is defined a rule prescribed

What is understood by a sovereign, sovereignty, and the right of commanding

(2)

Of the foundation of sovereignty, or the right of commanding

(17)

First remark. The question is, in regard to a necessary sovereignty

Second remark. There is neither sovereignty nor necessary dependance between beings perfectly equal

(1)

Different opinions on the origin and foundation of sovereignty

(1)

Examen of those opinions. 1. The sole superiority of power is insufficient to found a right of commanding

(2)

2. Nor the sole excellence or superiority of nature

(1)

3. Nor the sole quality of creator

(2)

True foundation of sovereignty; power, wisdom, and goodness joined together

(1)

Explication of our opinion

(2)

We must not separate the qualities which form the right of sovereignty

(2)

Definition of subjection. Foundation of dependance

(1)

The obligation produced by law, is the most perfect that can be imagined

(1)

Obligation is internal and external at the same time

(2)

Of the end of laws; of their characters, differences, &c

(27)

Of the end of laws, either in regard to the subjects, or in respect to the sovereign

The end of laws is not to lay a restraint upon liberty, but to direct it in a proper manner

(1)

Examen of what Puffendorf says concerning this subject

100

(1)

Of the distinction of law into obligatory, and that of simple permission

101

(1)

The opinion of Grotius and Puffendorf upon this subject

The rights which men enjoy in society, are founded on this permission

102

(1)

The matter of laws

103

(1)

Internal conditions of a law; that it be possible, useful, and just

External conditions of a law; that it be made known; and accompanied with a sanction

104

(2)

Whether the promise of recompence is equally capable, as the commination of punishment, to constitute the sanction of law

106

(1)

Who those are whom the law obliges. Of dispensation

107

(1)

Of the duration of laws, and how they are abolished

108

(1)

How many sorts of laws

109

(2)

Of the morality of human actions

In what the morality of actions consists

111

(1)

Actions are 1. either commanded, or forbidden, or permitted

Remarks on permitted actions

112

(1)

2. Actions are good or just, bad or unjust, and indifferent

113

(1)

Conditions requisite to render an action morally good

114

(1)

Of the nature of bad or unjust actions

115

(1)

All just actions are equally just; but unjust actions are more or less unjust

116

(1)

Essential character of unjust actions

117

(1)

Of indifferent actions

Division of good and bad actions

118

(1)

Of justice and its different kinds

119

(2)

Of the relative estimations of moral actions

121

(1)

Morality is applicable to persons as well as actions

122

(3)

PART II. Of the Law of Nature

In what the law of nature consists, and that there is such a thing. First considerations drawn from the existence of God and his authority over us

125

(12)

Subject of this second part

Whether there are any natural laws

126

(1)

Of the existence of God

127

(1)

First proof. The necessity of a self-existent and intelligent being

We must not seek for this being in this universe

128

(1)

Second proof. The necessity of a first mover

129

(1)

Third proof. The structure, order, and beauty of the universe

130

(1)

The world is not the effect of chance

131

(1)

It is not eternal

132

(1)

God has a right to prescribe laws to man

133

(1)

This is a consequence of his power, wisdom, and goodness

134

(3)

That God, in consequence of his authority over us has actually thought proper to prescribe to us laws or rules of conduct

137

(8)

God exercises his authority over us, by prescribing laws to us

First proof, drawn from the very relations of which we have been speaking

Second proof, drawn from the end which God proposed to himself with respect to man, and from the necessity of moral laws, to accomplish this end

138

(1)

Confirmation of the preceding proofs

139

(2)

Third proof, drawn from the goodness of God

141

(1)

Fourth proof, drawn from the principles of conduct which we actually find within ourselves

142

(1)

These principles are obligatory of themselves

143

(1)

They are obligatory by the divine will, and thus become real laws

144

(1)

Of the means by which we discern what is just and unjust, or what is dictated by natural law; namely, moral instinct, and reason

145

(8)

First means of discerning moral good and evil, namely, instinct or inward sense

Examples

146

(1)

Whence these sensations proceed

Of what use they are to us

147

(1)

Objection: these sensations are not found in all men. Answer: 1. We find some traces of them among the most savage people

148

(1)

2. We must not distinguish between the natural state of man, and that of his depravation

149

(1)

3. If there be any monsters in the moral order, they are very rare, and no consequence can be drawn from them

Second means of discerning moral good and evil; which is reason

150

(1)

First advantage of reason in respect to instinct; it serves to verify it

151

(1)

Second advantage: it unfolds the principles, and from thence infers proper consequences

Third advantage: reason is an universal means, and applicable to all cases

152

(1)

Of the principles from whence reason may deduce the law of nature

153

(28)

From whence are we to deduce the principles of the law of nature?

Preliminary remarks. What we understand by principles of natural law

154

(2)

Character of those principles

Whether we ought to reduce the whole to one single principle

156

(2)

Man cannot attain to the knowledge of natural laws, but by examining his nature, constitution, and state

Three states of man

158

(1)

Religion: principle of the natural laws, that have God for their object

Consequences of this principle

159

(2)

Self-love: the principle of those natural laws which concern ourselves

161

(1)

Natural laws derived from this principle

162

(1)

Man is made for society

163

(1)

1. Society is absolutely necessary for man

164

(2)

Man by his constitution is very fit for society

166

(1)

3. Our natural inclinations prompt us to look out for society

167

(1)

Sociability. Principles of natural laws relative to other men

168

(1)

Natural laws which flow from sociability

169

(2)

The public good ought always to be the supreme rule

170

(1)

The spirit of sociability ought to be universal

To observe a natural equality

To preserve a benevolence even towards our enemies. Self-defence is permitted, revenge is not

Particular consequences

171

(2)

These three principles have all the requisite characters

173

(1)

Remarks on Pussendorf's system

174

(1)

The critics have carried their censures too far against him in this respect

Of the connexion between our natural duties

175

(1)

Of the opposition that sometimes happens between these very duties

176

(2)

Natural law obligatory, and natural law of simple permission. General principle of the law of permission

178

(1)

Two species of natural law; one primitive, the other secondary

179

(2)

That natural laws have been sufficiently notified; of their proper characters, the obligation they produce, &c

181

(12)

God has sufficiently notified the laws of nature to man

Men may assist one another in this respect

The manner in which the principles of the laws of nature have been established, is a fresh proof of the reality of those laws

182

(1)

Natural laws are the effect of the divine goodness

183

(1)

The laws of nature do not depend on an arbitrary institution

184

(2)

Our opinion is not very wide from that of Grotius

186

(1)

The effect of the laws of nature, is an obligation of conforming thereto our conduct

187

(1)

Natural laws are obligatory in respect to all men

188

(1)

Grotius's opinion with regard to divine, positive, and universal law

189

(1)

Natural laws are immutable, and admit of no dispensation

190

(3)

Of the eternity of natural laws

Of the law of nations

193

(9)

How civil societies are formed

The civil state does not destroy but improve the state of nature

True ideas of civil society

194

(1)

States are considered under the notion of moral persons

What is the law of nations

195

(1)

Certainty of this law

196

(1)

General principle of the law of nations; what polity consists in

Inquiry into Grotius's opinion concerning the law of nations

197

(2)

Two sorts of law of nations; one of necessity and obligatory by itself; the other arbitrary and conventional

199

(1)

Use of the foregoing remarks

200

(2)

Whether there is any morality of actions, any obligation or duty, antecedent to the laws of nature, and independent of the idea of a legislator

202

(17)

Different opinions of ethic writers with respect to the first principle of morality

Principles relating to this question

203

(2)

Three rules of human actions. 1. Moral sense. 2. Reason. 3. The divine will

205

(1)

These three principles ought to be united

Of the primitive cause of obligation

206

(2)

All rules are of themselves obligatory

Obligation may be more or less strong

208

(1)

Reason alone is sufficient to impose some obligation on man

209

(1)

Objection. No body can oblige himself

210

(1)

Answer

211

(1)

A fresh objection

212

(1)

Duty may be taken in a loose or strict sense

213

(1)

Result of what has been hitherto said

214

(2)

This manner of establishing morality does not weaken the system of natural law

216

(1)

Grotius's opinion examined

217

(1)

In order to have a perfect system of morality, we should join it with religion

218

(1)

Consequences of the preceding chapter: reflexions on the distinctions of just, honest, and useful

219

(6)

There is a great deal of ambiguity and mistake concerning this subject

Of just, honest, useful, order, and fitness

220

(1)

Just, honest, and useful, are distinct things, and must not be confounded

221

(2)

But tho' they are distinct, yet they are naturally connected

Whether an action is just, because God commands it?

223

(2)

In what the beauty of virtue and the perfection of man consists?

Of the application of natural laws to human actions; and first of conscience

225

(12)

What is meant by applying the laws to human actions

What is conscience

226

(1)

Conscience supposes a knowledge of the law

First rule

227

(1)

Second and third rules

228

(2)

Antecedent and subsequent conscience. Fourth rule

230

(1)

Subsequent conscience is either quiet, or uneasy

231

(1)

Decisive and dubious conscience. Fifth, sixth, and seventh rule

232

(2)

Scrupulous conscience. Eighth rule

234

(2)

Right and erroneous conscience. Ninth rule

Demonstrative and probable conscience. Tenth rule

236

(1)

Of the merit and demerit of human actions; and of their imputation relative to the laws of nature

237

(11)

Distinction of imputability and imputation. Of the nature of a moral cause

Of the nature of imputation. It supposes a knowledge of the law as well as of the fact

238

(1)

Examples

239

(1)

Principles. 1. We ought not to infer actual imputation from imputability only

240

(1)

2. Imputation supposes some connexion between the action and its consequences

241

(1)

3. Foundations of merit and demerit

242

(1)

In what merit and demerit consists

243

(1)

4. Merit and demerit have their degrees; and so has imputation

244

(1)

5. Imputation is either simple or efficacious

245

(1)

6. Effects of one and the other

7. If all those who are concerned, do not impute an action, it is supposed not to have been done

246

(1)

Difference between the imputation of good and bad actions

247

(1)

Application of those principles to different species of actions, in order to judge in what manner they ought to be imputed

248

(18)

What actions are actually imputed?

Actions of such as have not the use of reason

Of what's done in drunkenness

Of things that are impossible. Of the want of opportunity

249

(1)

Of natural qualities

Of events produced by external causes

250

(1)

Of what is done thro' ignorance or error

Of the effect of temperament, habits, or passions

251

(1)

Of forced actions

252

(1)

Forced actions are in themselves either good, bad, or indifferent

253

(2)

Why a bad action, tho' forced, may be imputed

255

(2)

Pussendorf's opinion

257

(1)

Of actions in which more persons than one are concerned

258

(2)

Three sorts of moral causes; principal, subaltern; and collateral

260

(4)

Application of these distinctions

264

(2)

Of the authority and sanction of natural laws: and of the good and evil that naturally and generally follows from virtue and vice

266

(14)

What is meant by the authority of natural laws

The observance of natural laws forms the happiness of man and society

267

(1)

Explications on the state of the question

Proof of the above mentioned truth, by reason

268

(1)

Proof's by experience. 1. Virtue is of itself the principle of an inward satisfaction; and vice a principle of disquiet and trouble

269

(1)

Of external goods and evils, which are the consequence of virtue and vice

270

(1)

These different effects of virtue and vice are still greater among those who are invested with power and authority

271

(1)

Confirmation of this truth by the confession of all nations

272

(1)

Confirmation of the same truth by the absurdity of the contrary

Answer to some particular objections

273

(2)

The advantage always ranges itself on the side of virtue; and this is the first sanction of the laws of nature

275

(1)

General difficulty drawn from the exceptions, which render this first sanction insufficient

276

(3)

The goods and evils of nature and fortune are distributed unequally, and not according to each person's merit

The evils produced by injustice fall as well upon the innocent as the guilty

Sometimes even virtue itself is the cause of persecution

277

(2)

The means which human prudence employs to remedy those disorders, are likewise insufficient

The difficulty proposed, is of great consequence

279

(1)

Proofs of the immortality of the foul. That there is a sanction properly so called in respect to natural laws

280

(17)

State of the question

Division of opinions. How is it possible to know the will of God in respect to this point

Whether the soul is immortal?

282

(1)

First proof. The nature of the soul seems intirely distinct from that of the body

Death does not therefore necessarily imply the annihilation of the soul

283

(1)

Objection. Answer

284

(1)

Confirmation of the preceding truth. Nothing in nature is annihilated

Second proof. The excellency of the soul

285

(1)

Confirmations. Our faculties are always susceptible of a greater degree of perfection

286

(1)

Objection. Answer

287

(1)

Third proof, drawn from our natural dispositions and desires

288

(1)

The sanction of natural laws will shew itself in a future life

289

(1)

First proof, drawn from the nature of man considered on the moral side

290

(1)

Second proof, drawn from the perfections of God

291

(4)

The objection drawn from the present state of things serves to prove the sentiment it opposes

295

(1)

The belief of a future state has been received by all nations

296

(1)

That the proofs we have alledged have such a probability and fitness, as renders them sufficient to fix our belief, and to determine our conduct

297

(1)

The proofs we have given of the sanction of natural laws are sufficient

Objection. These proofs contain no more than a probability or fitness. General answer

What is meant by a probability or fitness

298

(1)

General foundation of this manner of reasoning

299

(1)

This kind of fitness is very strong in respect to natural law

300

(1)

This fitness has different degrees. Principles to judge of it

Application of these principles to our subject

301

(2)

Comparison of the two opposite systems

The system of the sanction of natural laws is far preferable to the opposite system

303

(1)

Objection. Answer

304

(2)

Of the influence which those proofs ought to have over our conduct. We should act in this world on the foundation of the belief of a future state

'Tis a necessary consequence of our nature and state

306

(1)

Reason lays us under an obligation of so doing

307

(1)

'Tis a duty that God himself imposes on us

308

Conclusion

109

That which is already probable by reason only, is set in full evidence by revelation

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The Principles of Natural Law: In Which the True Systems of Morality and Civil Government Are Established, and the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Lo

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