The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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for his actions.
Man is capable of direction in regard to his conduct.
I. After having seen the nature of man, considered in respect to right, the result is, that he is a creature really susceptible of choice and direction in his conduct. For since he is capable, by means of his faculties, of knowing the nature and state of things, and of judging from this knowledge; since he is invested with the power of determining between two or several offers made to him; in fine, since, with the assistance of liberty, he is able, in certain cases, to suspend or continue his actions, as he judges proper; it evidently follows, that he is master of his own actions, and that he exercises a kind of authority and command over them, by virtue of which he can direct and turn them which way he pleases. Hence it appears how necessary it was for us to set out, as we have done, with inquiring previously into the nature and faculties of man. For how could we have <34> discovered the rules by which he is to square his conduct, unless we antecedently know in what manner he acts, and what are the springs, as it were, that put him in motion?
He is accountable for his actions: they can be imputed to him.
II. Another remark, which is a consequence of the foregoing, is, that since man is the immediate author of his actions, he is accountable for them; and in justice and reason they can be imputed to him. This is a point of which we think it necessary to give here a short explication.
The term of imputing is borrowed of arithmetic, and signifies properly, to set a sum down to somebody’s account. To impute an action therefore to a person, is to attribute it to him as to its real author, to set it down, as it were, to his account, and to make him answerable for it. Now it is evidently an essential quality of human actions, as produced and directed by the understanding and will, to be susceptible of imputation; that is, it is plain that man can be justly considered as the author and productive cause of those actions, and that for this very reason it is right to make him accountable for them, and to lay to his charge the effects that arise from thence as natural consequences. In fact, the true reason why a person cannot complain of being made answerable for an action, is that he has produced it himself knowingly and willingly. Every thing almost that is said and done in human society, supposes this principle generally received, and every body acquiesces in it from an inward conviction.<35>
Principle of imputability. We must not confound it with imputation.
III. We must therefore lay down, as an incontestable and fundamental principle of the imputability of human actions, that every voluntary action is susceptible of imputation; or, to express the same thing in other terms, that every action or omission subject to the direction of man, can be charged to the account of the person in whose power it was to do it or let it alone; and on the contrary, every action, whose existence or non-existence does not depend on our will, cannot be imputed to us. Observe here, that omissions are ranked by civilians and moralists among the number of actions; because they apprehend them as the effect of a voluntary suspension of the exercise of our faculties.
Such is the foundation of imputability, and the true reason why an action or omission is of an imputable nature. But we must take particular notice, that though an action is imputable, it does not ensue from thence only, that it merits actually to be imputed. Imputability and imputation are two things, which we should carefully distinguish. The latter supposes, besides the imputability, some moral necessity of acting or not, after a certain manner; or, which amounts to the same, some obligation that requires a thing to be done or omitted that can be really done or omitted.
Puffendorf* does not seem to have sufficiently distinguished between these two ideas. It is enough for our present purpose to point out the distinction, <36> deferring to treat of actual imputation, and to establish the principles thereof, till we have explained the nature of obligation, and shewn that man is actually obliged to conform his actions to rule.
What has been hitherto advanced, properly regards the nature of the human mind; or the internal faculties of man, as they render him capable of moral direction. But in order to complete our knowledge of human nature, we should view it likewise in its extrinsic condition, in its wants and dependancies, and in the various relations wherein it is placed; in fine,1 in what we may call the different states of man. For it is our situation in life that decides the use we ought to make of our faculties.
Further inquiry into what relates to human nature, by considering the different states of man.
Definition. Division.
I. The different states of man are nothing more than the situation wherein he finds himself in regard to the beings that surround him, with the relations from thence resulting.
We shall be satisfied with taking here a cursory view of some of the principal states, and to render them distinguishable by their essential characteristics, without entering into an exact inquiry, which should naturally take place, when treating in particular of each state.1<37>
All these different states may be ranged under two general classes: some are primitive and original; others adventitious.
Primitive and original states.
II. Primitive and original states are those in which man finds himself placed by the very hand of God, independent of any human action.
1. State of man with regard to God.
Such is, in the first place, the state of man with regard to God; which is a state of absolute dependance. For let us make but never so small a use of our faculties, and enter into the study of ourselves, it will evidently appear, that it is from this first Being we hold our life, reason, and all other concomitant advantages; and that in this and every other respect we experiance daily, in the most sensible manner, the effects of the power and goodness of the Creator.
2. State of society.
III. Another primitive and original state, is that wherein men find themselves in respect to one another. They are all inhabitants of the same globe,2 placed in a kind of vicinity to each other; have all one common nature, the same faculties, same inclinations, wants and desires. They cannot do without one another; and it is only by mutual assistance they are capable of attaining to a state of ease and tranquillity. Hence we observe a natural inclination in mankind that draws them towards each other, and establishes a commerce of services and benevolence between them, from whence results the common good of the whole, and the particular advantage of individuals. The natural state therefore of men among themselves, is a state of union and society; society being nothing more than the union <38> of several persons for their common advantage. Besides, it is evident that this must be a primitive state, because it is not the work of man, but established by divine institution. Natural society is a state of equality and liberty; a state in which all men enjoy the same prerogatives, and an intire independance on any other power but God. For every man is naturally master of himself, and equally to his fellow-creatures, so long as he does not subject himself to another person’s authority by a particular convention.
3. State of solitude.
4. Peace: War.
IV. The opposite state to that of society, is solitude; that is, the condition in which we imagine man would find himself, were he to live absolutely alone, abandoned to his own thoughts, and destitute of all commerce with those of his own species. Let us suppose a man arrived to the age of maturity, without having had the advantage of education or any correspondence at all with the rest of mankind, and consequently without any other knowledge but that which he has of himself acquired; such a man would be undoubtedly the most miserable of all animals. We should discover nothing in him but weakness, savageness, and ignorance; scarce would he be able to satisfy the wants of his body, exposed, poor wretch, to perish with hunger or cold, or by the ravenous teeth of wild beasts. What a vast difference between such a state and that of society, which by the mutual succours that men receive from one another, procures them all the knowledge, conveniency, and ease, that form the security, pleasure, and happiness