The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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of life? True it is, that all these advantages suppose that men, far from prejudicing one <39> another, live in harmony and concord, and entertain this union by mutual good offices. This is what we call a state of peace, whereas those who endeavour to do harm, and those also who find themselves obliged to guard against it, are in a state of war; a state of violence, diametrically opposite to that of society.3
State of man with regard to the goods of the earth.
V. Let us observe, in the next place, that man finds himself naturally attached to the earth, from whose bosom he draws whatever is necessary for the preservation and conveniences of life. This situation produces another primitive state of man, which is likewise deserving of our attention.
Such in effect is the natural constitution of the human body, that it cannot subsist intirely of itself, and by the sole force of its temperament. Man, at all ages, stands in need of several external succours for his nourishment, as well as for repairing his strength, and keeping his faculties in proper order. For this reason our Creator has sown plentifully around us such things as are necessary for our wants, and has implanted in us at the same time the instincts and qualifications proper for applying these things to our advantage. The natural state therefore of man considered in this light, and in respect to the goods of the earth, is a state of indigence and incessant wants, against which he would be incapable to provide in a suitable manner, were he not to exercise his industry by constant labour. Such are the principal of those states that are called primitive and original.<40>
Adventitious states. 1. Family. 2. Marriage.
VI. But man being naturally a free agent, he is capable of making great modifications in his primitive state, and of giving by a variety of establishments a new face to human life. Hence those adventitious states are formed, which are properly the work of man, wherein he finds himself placed by his own act, and in consequence of establishments, whereof he himself is the author. Let us take a cursory view of the principal of these states.
The first that presents itself to us, is the state of families. This is the most natural and most ancient of all societies, and the very foundation of that which is called national; for a people or nation is only an assemblage or composition of several families.
Families begin by marriage; and it is nature itself that invites men to this union. Hence children arise, who by perpetuating the several families, prevent the extinction of human societies, and repair the breaches made every day by death.4
The family state is productive of various relations; as those of husband, wife, father, mother, children, brothers, sisters, and all the other degrees of kindred, which are the first tie of human society.
3. Weakness of man at his birth. 4. Natural dependance of children on their parents.
VII. Man considered in his birth is weakness and impotency itself, in regard as well to the body, as to the soul. It is even remarkable, that the state of weakness and infancy lasts longer in man than in any other animal. He is beset and pressed on all sides by a thousand wants, and destitute of knowledge, as well as strength, finds himself in an absolute incapacity of relieving them: he is therefore under a par-<41>ticular necessity of recurring to external assistance. Providence for this reason has inspired parents with that instinct or natural tenderness, which prompts them so eagerly to delight in the most troublesome cares, for the preservation and good of those whom they have brought into the world. It is likewise in consequence of this state of weakness and ignorance in which children are born, that they are naturally subject to their parents; whom nature has invested with all the authority and power necessary for governing those, whose advantage they are to study and procure.5
The state of property.
VIII. The property of goods is another very important establishment, which produces a new adventitious state. It modifies the right which all men had originally to earthly goods; and distinguishing carefully what belongs to individuals, ensures the quiet and peaceable enjoyment of what they possess; by which means it contributes to the maintenance of peace and harmony among mankind. But since all men had originally a right to a common use of whatever the earth produces for their several wants; it is evident therefore, that if this natural power is actually restrained and limited in divers respects, this must necessarily arise from some human act; and consequently the state of property, which is the cause of those limitations, ought to be ranked among the adventitious states.
Civil state and government.
IX. But among all the states established by the act of man, there is none more considerable than the civil state, or that of civil society and government. The <42> essential character of this society, which distinguishes it from the forementioned society of nature, is the subordination to a supreme authority, exclusive of equality and independance. Mankind were originally divided into families only, and not into nations. Those families lived under the paternal government of the person who was their chief, as their father or grandfather. But when they came afterwards to increase and unite for their common defence, they composed a national body, governed by the will of him, or of those on whom they had conferred the authority. This is the origin of what we call civil government, and of the distinction of sovereign and subjects.
The civil state and property of goods give rise to several other adventitious states.
X. The civil state and property of goods produced several other establishments, which form the beauty and ornament of society, and from whence so many adventitious states arise: such as the different posts or offices of those who have any share in the government; as magistrates, judges, state-officers, ministers of religion, physicians, &c. To which may be added the polite arts, trades, agriculture, navigation, commerce, with their several dependancies, whereby human life is so agreeably and advantageously diversified.
True idea of the natural state of man.
XI. Such are the principal states produced by human consent. And yet, as these different modifications of the primitive state of man are the effect of his natural liberty, the new relations and different states from thence arising, may be very well considered as so many natural states; provided however that the use which men make of their liberty, in this re-<43>spect, has nothing in it unconformable to their natural constitution, that is, to reason and the state of society.
It is therefore proper to observe, in relation to this subject, that when we speak of the natural state of man, we are to understand not only that natural and primitive state, in which he is placed, as it were, by the hands of nature herself; but moreover all those into which man enters by his own act and agreement, and that are conformable in the main to his nature, and contain nothing but what is agreeable to his constitution and the end for which he was formed. For since man himself, as a free and intelligent being, is able to see and know his situation, as also to discover his ultimate end, and in consequence thereof to take the right measures to attain it; it is properly in this light we should consider his natural state, to form thereof a just idea. That is, the natural state of man is, generally speaking, that which is conformable to his nature, constitution, and reason, as well as to the good use of his faculties, considered in their full maturity and perfection. We shall be particularly attentive to this remark, the importance of which will appear more sensibly by the application and use that may be made thereof on several occasions.
Difference between original and adventitious states.
XII. Let us not forget to observe likewise, that there is this difference between the primitive and adventitious states, that the former being annexed, as it were, to the nature and constitution of man, such as he has received them from God, are, for this very reason, common to all mankind. The same cannot be said of the adventitious states; which, supposing an hu-<44>man act or agreement, cannot of themselves be indifferently suitable to all men, but to those only that contrived and procured them.
Let us add, in fine, that several of those states may be found combined and united in the same person, provided they have nothing incompatible in their nature. Thus the same person may be father of a family, judge, minister of state, &c. all at the same time.
Such are the ideas we are to form of the nature and different states of man; and it is of all these parts united