The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui
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That justice may, in general, be divided into perfect or rigorous, and imperfect or not rigorous. The former is that by which we perform towards our neighbour whatever is due to him in virtue of a perfect or rigorous right, that is, the execution of which he may demand by forcible means, unless we satisfy him freely and with a good will; and it is in this strict sense that the word Justice is generally understood. The second is that by which we perform towards another the duties owing to him only in virtue of an imperfect and non-rigorous obligation, which cannot be insisted upon by violent methods; but the fulfilling of them is left to each person’s honour and conscience.* These kinds of duties are generally comprehended under the appellations of humanity, charity, or benevolence, in opposition to rigorous justice, or justice properly so called. This division of justice coincides with that of Grotius, into expletive and attributive. 7
2. We might subdivide rigorous justice into that which is exercised between equals, and that which takes place between superior and inferior.* The former contains as many different species as there are <120> duties, which one man may in rigour require of every other man, considered as such, and one citizen of every fellow-citizen. The latter includes as many species as there are different societies, where some command, and others obey.†
3. There are other divisions of justice, but such as seem useless, and far from being exact. For example, that of universal and particular justice, taken in the manner as Puffendorf explains it, appears incorrect, inasmuch as one of the members of the division is included in the other.‡ The subdivision of particular justice into distributive and commutative, is incomplete; because it includes only what is due to another, by virtue of some pact or engagement, notwithstanding there are many things which our neighbour may require of us in rigour, without any regard to pact or convention. And we may observe in general, by reading what Grotius and Puffendorf have wrote concerning this subject, that they are at a loss themselves, to give a clear and exact idea of these different kinds of justice. Hence it is manifest, that we had better wave all these scholastic divisions, contrived in imitation of those of Aristotle, and abide by our first division. And indeed, it is only out of respect to the common opinion, that we have taken any notice thereof.§<121>
Of the relative estimations of moral actions.
XII. Besides what we may call the quality of moral actions, they have likewise a kind of quantity, which, by comparing the good actions to one another, as also the bad in the same manner, leads us to a sort of relative estimation, in order to mark the greater or lesser degree of evil to be found in each.8 We shall give here the principles necessary for this estimation.
1. These actions may be considered with regard to their object. The nobler the object, the higher the excellence of the good action done towards this object; and a bad action, on the contrary, becomes more criminal.
2. In respect to the quality and state of the agent. Thus a favour or benefit received of an enemy, excels that which is conferred upon us by a friend. And, on the contrary, an injury done us by a friend, is more sensible, and more attrocious, than that which is committed by an enemy.
3. In reference to the very nature of the action, according as there is more or less trouble to perform. The more a good action is difficult, supposing every thing else equal, the more worthy it is of praise and admiration. But the easier it is to abstain from a bad action, the more it is blameable and enormous in comparison to another of the same species.
4. In relation to the effects and consequences of the action. An action is so much the better or worse, in proportion as we foresee that its consequences must be more or less advantageous or hurtful.<122>
5. We may add the circumstances of time, place, &c. which are also capable of making the good or bad actions surpass one another in excellence or badness. We have borrowed these remarks from one of Barbeyrac’s notes on Puffendorf.*
Morality is applicable to persons as well as actions.
XIII. Let us observe, in fine, that morality is attributed to persons as well as actions; and as actions are good or bad, just or unjust, we say likewise of men, that they are good or bad, virtuous or vicious.
A virtuous man is he that has a habit of acting conformably to the laws and his duty. A vicious man is one that has the opposite habit.
Virtue therefore consists in a habit of acting according to the laws; and vice in the contrary habit.
I said that virtue and vice are habits. Hence to judge properly of these two characters, we should not stop at some particular action; we ought to consider the whole series of the life and ordinary conduct of man. We should not therefore rank among the number of vicious men, those who through weakness, or otherwise, have been sometimes induced to commit a bad action; as on the other hand, those who have done a few acts of virtue, do not merit the title of honest men. There is no such thing to be found in this world as virtue in every respect complete; and the weakness inseparable from man, requires we should not judge him <123> with full rigour. Since it is allowed that a virtuous man may, through weakness and surprize, commit some unjust action; so it is but right we should likewise allow, that a man who has contracted several vicious habits, may notwithstanding, in particular cases, do some good actions, acknowledged and performed as such. Let us not suppose men worse than they really are, but take care to distinguish the several degrees of iniquity and vice, as well as those of probity and virtue.
The End of the First Part.<124><125>
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