The Whole Duty of Man, According to the Law of Nature. Samuel Pufendorf
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or by the Rigor of Law. The latter is, when that Justice only is done a Man, which in his own right he could have demanded; and this is wont to be again divided into †Distributive and Commutative. The Distributive takes place in Contracts made between Partners in Fellowship, concerning fair Partition of Loss and Gain according to a rate. *The Commutative is mostly in Bargains made upon even hand about Things and Doings relating to Traffick and Dealing.
XV. Injustice what. L. N. N. l. 1. c. 7. §14.
Knowing thus, what Justice is, ’tis easie to collect what is Injustice. Where it is to be observ’d, that such an unjust Action is call’d Wrong-doing, which is premeditately undertaken, and by which a Violence is done upon somewhat which of absolute Right was another Man’s due, or, which by like Right he one way or other stood possess’d of. And this Wrong may be done after a threefold Manner: 1. If that be deny’d to another which in his own right he might demand (not accounting that which from Courtesie or the like Virtue may be another’s due): Or, 2. If that be taken away from another, of which by the same right, then valid against the Invader, he was in full possession: Or, 3. If any Damage be done to another, which we had not Authority to do to him. Beside which, that a Man may be charged with Injustice, it is requisite that there be a naughty Mind and an evil Design in him that acts it. For if there be nothing of these in it, then ’tis only call’d Misfortune, or an Error; and that is so much slighter or more grievous, as the Sloth and Negligence which occasion’d it was greater or less.
XVI. Laws distinguisht. Natural and Positive L. N. N. l. 1. c. 6. §18.
Laws, with respect to their Authors, are distinguished into Divine and Humane; that proceeds from God, and this from Men. But if Laws be considered, as they have a necessary and universal Congruity with Mankind, they are then distinguisht into Natural and Positive.*Natural Law is that which is so agreeable with the rational and sociable Nature of Man, that honest and peaceable Society could not be kept up amongst Mankind without it, Hence it is, that this may be sought out, and the knowledge of it acquired by the light of that Reason, which is born with every Man, and by a consideration of Human Nature in general. Positive Law is that which takes not its rise from the common condition of Human Nature, but only from the good pleasure of the Legislator: This likewise ought to have its Foundation in Reason, and its End ought to be some Advantage to those Men, or that Society, for which it is designed. Now the Law Divine, is either Natural or Positive; but all Human Laws, strictly taken, are Positive.
Of the Law of Nature in general
I. Law Natural obvious. L. N. N. l. 2. c. 3.
That Man, who has thoroughly examined the Nature and Disposition of Mankind, may plainly understand what the Law Natural is, the Necessity thereof, and which are the Precepts it proposes and enjoyns to Mankind. For, as it much conduces to him who would know exactly the Polity of any Community, that he first well understand the Condition thereof, and the Manners and Humours of the Members who constitute it: So to him who has well studied the common Nature and Condition of Man, it will be easie to discover those Laws which are necessary for the Safety and common Benefit of Mankind.
II. Self Preservation.
This then Man has in common with all the Animals, who have a Sense of their own Beings; that he accounts nothing dearer than Himself; that he studies all manner of ways his own Preservation; and that he endeavours to procure to himself such things as seem good for him, and to avoid and keep off those that are mischievous. And this Desire of Self-Preservation regularly is so strong, that all our other Appetites and Passions give way to it. So that whensoever an Attempt is made upon the Life of any man, though he escape the danger threatned, yet he usually resents it so, as to retain a Hatred still, and a desire of Revenge on the Aggressor.
III. Society absolutely necessary. L. N. N. l. 2. c. 1. §8.
But in one particular, Man seems to be set in a worse condition than that of Brutes, that hardly any other Animal comes into the world in so great weakness; so that ’twould be a kind of Miracle, if any man should arrive at a mature Age, without the aid of some body else. For even now, after so many helps found out for the Necessities of Human Life; yet a many Years careful Study is required before a Man shall be able of himself to get Food and Raiment.*Let us suppose a Man come to his full Strength without any oversight or instruction from other Men; suppose him to have no manner of Knowledge but what springs of it self from his own natural Wit; and thus to be placed in some Solitude, destitute of any Help or Society of all Mankind beside. Certainly a more miserable Creature cannot be imagined. He is no better than dumb, naked, and has nothing left him but Herbs and Roots to pluck, and the wild Fruits to gather; to quench his thirst at the next Spring, River, or Ditch; and to shelter himself from the Injuries of the Weather, by creeping into some Cave, or covering himself after any sort with Moss or Grass; to pass away his tedious life in Idleness; to start at every Noise, and be afraid at the sight of any other Animal; in a Word, at last to perish either by Hunger, or Cold, or some wild Beast. It must then follow, that whatsoever Advantages accompany Human Life, are all owing to that mutual Help Men afford one another. So that, next to Divine Providence, there is nothing in the world more beneficial to Mankind than Men themselves.
IV. Men to Men inclinable to do hurt. L. N. N. l. 2. c. 1. §6. l. 7. c. 1. §4.
And yet, as useful as this Creature is, or may be, to others of its kind, it has many Faults, and is capable of being equally noxious; which renders mutual Society between Man and Man not a little dangerous, and makes great Caution necessary to be used therein, lest Mischief accrue from it instead of Good. In the first place, a stronger Proclivity to injure another is observ’d to be generally in Man, than in any of the Brutes; for they seldom grow outragious, but through Hunger or Lust, both which Appetites are satisfi’d without much Pains; and that done, they are not apt to grow furious, or to hurt their Fellow-Creatures, without some Provocation. Whereas Man is an Animal always prone to Lust, by which he is much more frequently instigated, than seems to be necessary to the Conservation of his Kind. His Stomach also is not only to be satisfied, but to be pleased; and it often desires more than Nature can well digest. As for Raiment, Nature has taken Care of the rest of the Creatures that they don’t want any: But Men require not only such as will answer their Necessity, but their Pride and Ostentation. Beside these, there are many Passions and Appetites unknown to the Brutes, which are yet to be found in Mankind; as, an unreasonable Desire of possessing much more than is necessary, an earnest pursuit after Glory and Pre-eminence; Envy, Emulation, and Outvyings of Wit. A Proof hereof is, that most of the Wars with which Mankind is harrass’d, are rais’d for Causes altogether unknown to the Brutes. Now all these are able to provoke Men to hurt one another, and they frequently do so. Hereto may be added the great Arrogance that is in many Men, and Desire of insulting over others, which cannot but exasperate even those who are naturally meek enough; and from a Care of preserving themselves and their Liberty, excite them to make Resistance. Sometimes also Want sets Men together by the Ears,9 or because that Store of Necessaries which they have at present seems not sufficient for their Needs or Appetites.
V. And very capable of it.
Moreover, Men are more able to do one another Harm than Brutes are. For tho’ they don’t look formidable with Teeth, Claws, or Horns, as many of them do; yet the Activity of their Hands renders them very effectual Instruments of Mischief; and then the Quickness of their Wit gives them Craft, and a Capacity of attempting that by Treachery which cannot be done by open Force. So that ’tis very easie for one Man to bring upon another the greatest of all Natural Evils, to wit, Death itself.
VI. And likely so to do. L. N. N. l. 2. c. 1. §7.
Beside all this, it is to be consider’d, that among Men there is a vast