The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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of such a master, to subject ourselves to him, and to conform all our actions to what we know in relation to his will. And why so? because it is evident to us, from the very nature of things, that this is the surest and shortest way to arrive at hap-<90>piness, the end to which all mankind aspire. And from the manner we are formed, this knowledge will be necessarily attended with the concurrence of our will, with our acquiescence, and submission; insomuch that if we should act contrary to those principles, and any misfortune should afterwards befall us, we could not avoid condemning ourselves, and acknowledging, that we have justly drawn upon ourselves the evil we suffer. Now this is what constitutes the true character of obligation, properly so called.
Explication of our opinion.
VIII. If we have therefore a mind to embrace and take in the whole, in order to form a complete definition, we must say, that the right of sovereignty arises from a superiority of power, accompanied with wisdom and goodness.
I say, in the first place, a superiority of power, because an equality of power, as we have observed in the very beginning, excludes all empire, all natural and necessary subordination; and besides, sovereignty and command would become useless and of no manner of effect, were they not supported by a sufficient power. What would it avail a person to be a sovereign, unless he were possessed of effectual methods to enforce his orders and make himself obeyed?
But this is not yet sufficient; wherefore I say, in the second place, that this power ought to be wise and benevolent: wise, to know and to chuse the properest means to make us happy; and benevolent, to be generally inclinable to use those means that tend to promote our felicity.<91>
In order to be convinced of this, it will be sufficient to remark three cases, which are the only ones that can be here supposed. Either he is, with respect to us, an indifferent power, that is, a power willing to do us neither good nor harm, as no ways interesting himself in what concerns us; or he is a malignant power; or, in fine, he is a propitious and benevolent power.
In the first case, our question cannot take place. How superior soever a being is in regard to me, so long as he does not concern himself about me, but leaves me intirely to myself; I remain in as complete a liberty, in respect to him, as if he were not known to me, or as if he did not at all exist.* Wherefore there is no authority on his side, nor obligation on mine.
But if we suppose a malignant power; reason, far from approving, revolts against him, as against an enemy, so much the more dangerous, as he is invested with greater power. Man cannot acknowledge such a power has a right; on the contrary, he finds himself authorized to leave no measure untried to get rid of so formidable a master, in order to be sheltered from the evils with which he might otherwise be unjustly afflicted.<92>
But let us suppose a being equally wise and beneficent. Man, instead of being able to refuse him his approbation, will feel himself inwardly and naturally inclined to submit and acquiesce intirely in the will of such a being, who is possessed of all the qualities necessary to conduct him to his ultimate end. By his power, he is perfectly able to procure the good of those who are subject to him, and to remove whatever may possibly injure them. By his wisdom, he is thoroughly acquainted with the nature and constitution of those on whom he imposes laws, and knows their faculties and strength, and in what their real interests consist. He cannot therefore be mistaken, either in the designs he proposes for their benefit, or in the means he employs in order to attain them. In fine, goodness inclines such a sovereign to be really willing to render his subjects happy, and constantly to direct to this end the operations of his wisdom and power. Thus the assemblage of these qualities, by uniting in the very highest degree all that is capable of deserving the approbation of reason, comprizes whatsoever can determine man, and lay him under an internal as well as external obligation of submission and obedience. Here therefore lies the true foundation of the right of sovereignty.
We must not separate the qualities which form the right of sovereignty.
IX. In order to bind and subject free and rational creatures, there is no necessity, properly speaking, for more than an empire or authority, whose wisdom and lenity would forcibly engage the approbation of reason, independent of the motives excited by the apprehension of power. But as it easily happens, <93> from the manner that men are formed, that either through levity and neglect, or passion and malice, they are not so much struck as they ought, with the wisdom of the legislator, and with the excellency of his laws; it was therefore proper there should be an efficacious motive, such as the apprehension of punishment, in order to have a stronger influence over the will. For which reason it is necessary that the sovereign should be armed with power and force, to be better able to maintain his authority. Let us not separate therefore these different qualities, which form, by their concurrence, the right of the sovereign. As power alone, unaccompanied with benevolence, cannot constitute any right; so benevolence, destitute of power and wisdom, is likewise insufficient for this effect. For from this only, that a person wishes another well, it does not follow, that he is his master: neither are a few particular acts of benevolence sufficient for that purpose. A benefit requires no more than gratitude and acknowledgment; for in order to testify our gratitude, it is not necessary we should subject ourselves to the power of our benefactor. But let us join these ideas, and suppose, at one and the same time, a sovereign power, on which every one actually and really depends; a sovereign wisdom, that directs this power; and a supreme goodness, by which it is animated. What can we desire more, to establish, on the one side, the most eminent authority, and, on the other, the greatest subordination? We are compelled then, as it were, by our own reason, which will not so much as suffer us to deny, that such a superior is invested with <94> a true right to command, and that we are under a real obligation to obey.*
Definition of subjection. Foundation of dependance.
X. The notions of sovereign and sovereignty being once settled, it is easy to fix those of subjection and dependance.4
Subjects therefore are persons, that are under an obligation of obeying. And as it is power, wisdom, and benevolence, that constitute sovereignty; we must suppose, on the contrary, in subjects the weakness and wants, from whence dependance arises.
It is therefore right in Puffendorf to remark,* that what renders man susceptible of an obligation produced by an external principle, is that he naturally depends on a superior, and that moreover as a free and intelligent being, he is capable of knowing the rules given him, and of chusing to conform his actions to them. But these are rather condi-<95>tions necessarily supposed, and of themselves understood, than the exact and immediate causes of subjection. More important it is to observe, that as the power of obliging a rational creature is founded on the ability and will of making him happy, if he obeys; unhappy, if he disobeys; this supposes that this creature is capable of good and evil, sensible of pleasure and pain, and besides that his state of happiness or misery may be either increased or diminished. Otherwise, he might be forced indeed, by a superior power, to act after a certain manner, but he could not be properly obliged.
The obligation produced by law, is the most perfect that can be imagined.
XI. Such is the true foundation of sovereignty and dependance; a foundation that might be still better established, by applying these general principles to the particular species of known sovereignty or empire, such as that of God over man, that of a prince over his subjects, and the power of fathers over their children. We should be convinced thereby, that all these species of authority are originally founded on the principles above established; which would serve for a new proof of the truth of those principles.* But it is sufficient to have hinted here in general at this remark; the particulars we reserve for another place.
An authority established on such a foundation, and which comprizes whatever can be imagined most efficacious and capable to bind man, and to incline him to be steadily directed by certain rules of conduct, undoubtedly forms the completest and strongest obligation. For there is no obligation more perfect than <96> that which is produced by the strongest motives to determine the will, and the most capable, by their preponderancy, to prevail over all other contrary reasons.† Now every thing concurs here to this effect: the nature of the rules prescribed by the sovereign, which of themselves are the fittest to promote our perfection