THE
PRINCIPLES
OF
NATURAL AND POLITIC
LAW
IN TWO VOLUMES.
By J. J. BURLAMAQUI,
[1748]
COUNSELLOR OF STATE, AND LATE PROFESSOR OF NATURAL AND CIVIL LAW AT GENEVA.
TRANSLATED [IN 1752] INTO ENGLISH BY MR. NUGENT.
FIFTH EDITION, CORRECTED.
CAMBRIDGE,
PRINTED AT THE UNIVERSITY PRESS,
BY W. HILLIARD, AND SOLD AT HIS BOOKSTORE,
AND BY THE BOOKSELLERS IN BOSTON.
1807.
(Only Vol. I - Principles of Natural Law is published here)
DEDICATION.
TO DR. MEAD.
SIR,
TO intrude in this manner upon your time, so usefully employed in the duties of your profession, would expose me in some measure to blame, were it upon a less important occasion, than that of recommending the following work to your generous protection. The dignity of the subject, which, handled by other pens, has been thought worthy of being inscribed to the most illustrious personages of the last and present age, will plead, I hope, some excuse for an address, which is designed not so much to interrupt your occupations, as to avail itself of the sanction of your name in introducing this work to the public. And indeed a nobler subject I could not select for the favor of your acceptance, than that, which so nearly relates to the moral duties of life, and the foundation of human contentment and happiness; a subject moreover illustrated by one of the ablest masters of the present age, whose extraordinary ability and skill in curing the disorders of the mind, may be compared very aptly to yours in removing those of the body. One of the principal encouragements I had to this address is the near relation between the following work and those elevated sentiments, with which you have been always inspired. Such an admirable system of moral precepts, such noble maxims of true Christian policy, and such excellent rules for the government of our lives, cannot but be acceptable to a gentleman, who, in the whole tenor of his conduct, has been an illustrious example of those rules and maxims, which are here most judiciously established. A very good opportunity this of entering upon the encomium of those virtues, which have so eminently distinguished you at the head of your profession; but the little value any commendation of mine would have, the apprehension I should be under of being suspected of adulation, and the danger I should incur of offending your modesty, obliges me to wave any attempt of this nature. However, I cannot help taking notice of that true magnificence, with which you have at all times contributed to the advancement of learning, and whereby you have justly acquired the title of patron and protector of letters. In fact, the extensive blessings, that fortune has bestowed upon you, have been employed, not as instruments of private luxury, but as means of promoting those arts, which have received an additional lustre, since they have shone so conspicuously in your person. Your friendship and correspondence have been courted by the greatest men of the present age; and your house, like that of Atticus, has been open to the learned of all orders and ranks, who unanimously respect you, not only as a supreme judge of learning and wit, but moreover as an arbiter elegantiarum, and master of finished urbanity. Your collection of valuable curiosities and books, wherein you have rivalled the magnificence of sovereigns, is the admiration and talk of all Europe, and will be a lasting monument of your love of literature. The polite reception you have always given to the learned of foreign nations has rendered your name so respectable abroad, that you are never mentioned but with expressions denoting the high idea they entertain of your singular munificence. These, Sir, are not particular sentiments of mine; they are the sentiments of the public, whose voice I utter; they are the sentiments of your learned friends abroad, which I have been desired to repeat to you upon a late occasion, together with their compliments of thanks for the marks, they have received of your great and disinterested civility. It is with pleasure I embrace this opportunity of executing my commission, and of declaring in this public manner the profound esteem, with which I have the honor of subscribing myself, Sir,
your most humble and obedient servant,
THOMAS NUGENT.
Gray's Inn, June 4, 1748.
THE
TRANSLATOR
TO THE
READER.
THE author of the following work, M. J. J. Burlamaqui, was descended from one of those noble families of Lucca, which, on their embracing the Protestant religion, were obliged about two centuries ago to take shelter in Geneva. His father was counsellor and secretary of state; honors, which are frequently conferred in that city upon such, as acquit themselves worthily of a professorship in the academy, particularly that of law, the fittest without doubt to form able judges, magistrates, and statesmen. The son, on his return from his travels, was immediately nominated professor of this science, in which post he continued a considerable number of years, till the republic thought proper to remunerate his long and eminent services, by raising him to the same dignity, as his father. The great reputation, he acquired in his professorship, was less owing to his immense erudition, in which he equalled if not excelled all his predecessors, than to the quickness of his understanding, the clearness of his ideas, his sound and judicious views in the study of jurisprudence, and especially to the solidity of his Principles on natural law and civil government. With regard to the occasion of his publishing these Principles, he observes himself in the preface, that it was in some measure to comply with the importunity of his friends, but chiefly to prevent his reputation from being injured by a precipitate impression from any of those imperfect and surreptitious copies, which had been handed about by his pupils. The public indeed had flattered themselves a long time with the hopes of seeing a complete course of the law of nature and nations from this eminent hand; but his occupations and infirmity obliged him to frustrate their expectations. However, as a good introduction to this science was extremely wanted, he thought proper, till he could publish his larger work, to favor us with the following Principles, being convinced that in this as in every other branch of learning, the most essential part is the laying of a proper and solid foundation. In fact, we daily observe, that most errors in life proceed rather from wrong principles, than from ill-drawn consequences.
M. Burlamaqui is so modest, as to consider these principles as calculated only for young people, who are desirous of being initiated into the study of natural law; and yet we may venture to affirm it as a performance of general utility, but especially to such, as have had the misfortune of neglecting this science in their younger days. It is a performance, that must certainly be allowed to have the merit of an original undertaking, by our author's ascending always to the first principles, by his illustrating and extending them, by his connecting them with each other, and by exhibiting them frequently in a new light. But his singular beauty consists in the alliance, he so carefully points out between ethics and jurisprudence, religion and politics, after the example of Plato and Tully, and the other illustrious masters of antiquity. In effect these sciences have the same basis, and tend to the same end; their business is to unravel the system of humanity, or the plan of providence with regard to man; and since the unity of this system is an unquestionable point, so soon as writers ascend to the principles, in order to view and contemplate the whole, it is impossible but they all should meet.
Our author's method has nothing of the scholastic turn. Instead of starting new difficulties, he prevents them by the manner of laying his thesis; instead of disputing, he reconciles. Far from pursuing any idle or too subtle ideas, he follows nature step by step, and derives his arguments from sense and experience. His thoughts he unfolds with the greatest perspicuity and order; and his style is pure, clear, and agreeable, such as properly becomes a didactic work. In fine he has the honor of preserving the character of a Christian philosopher, inculcating the value we ought to set upon the light of revelation, a light, which so advantageously assists the feeble glimmerings of reason in the high and important concerns of our civil and religious duties.
THE AUTHOR'S
ADVERTISEMENT.
THIS treatise on the Principles of Natural Law is an introduction to a larger work, or to a complete system of the law of nature and nations, which some time or other I proposed to publish. But having met with several obstructions in my attempt, through a variety of occupations, and principally from my indifferent state of health, I had almost lost sight of my original design. Being informed however, that some manuscript copies of the papers I had drawn up for my own private use, when, I gave lectures of jurisprudence, were multiplied and got into a number of hands, I began to apprehend, lest this work should be published against my will in a very imperfect and mangled condition. This induced me at length to yield to the solicitations of several of my friends, by communicating the following essay to the public. Dubious whether I shall ever be able to finish the work, I have endeavoured to give such an extent to these Principles, as may render them in some measure serviceable to such, as are desirous of being initiated into the knowledge of the law of nature. As for those, who are masters of this subject, the present work is not designed for them; my view will be sufficiently fulfilled, if it should prove of any utility to young beginners in the study of this important science.
CONTENTS.
PART I.
GENERAL PRINCIPLES OF RIGHT.
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Sect. |
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Page. |
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CHAP. I. |
OF the nature of man considered with regard to right; of the understanding, and whatever is relative to this faculty. |
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1. |
Design of this work; what is meant by natural law. |
1 |
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2. |
We must deduce the principles of this science from the nature and state of man. |
3 |
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3. |
Definition of man; what his nature is. |
3 |
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4. |
Different actions of man; which are the object of right? |
3 |
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5. |
Principal faculties of the soul. |
3 |
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6. |
The understanding; truth. |
4 |
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7. |
Principle. The understanding is naturally right. |
4 |
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8. |
In what manner perception, attention, and examen, are formed. |
5 |
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9. |
Evidence; probability. |
5 |
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10. |
Of the senses, the imagination, and memory. |
6 |
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11. |
The perfection of the understanding consists in the knowledge of truth. Two obstacles to this perfection, ignorance and error. |
6 |
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12. |
Different sorts of error. 1. Error of the law, and of the fact. 2. Voluntary and involuntary. 3. Essential and accidental. |
7 |
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CHAP. II. |
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Continuation of the principles relative to the nature of man. Of will and liberty. |
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1. |
The will. What happiness and good consist in. |
9 |
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2. |
Instincts, inclinations, passions. |
10 |
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3. |
Liberty, in what it consists. |
11 |
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4. |
Use of liberty in our judgment with respect to truth. |
12 |
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5. |
Liberty has its exercise, even in regard to things, that are evident. Objection. Answer. |
13 |
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6. |
Use of liberty with regard to good and evil. |
14 |
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7. |
With regard to indifferent things. |
15 |
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8. |
Why the exercise of liberty is restrained to non-evident truths, and particular goods. |
15 |
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9. |
The proof of liberty drawn from our inward sense is superior to any other. |
17 |
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10. |
How comes it that liberty has been contested. |
18 |
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11. |
Actions are voluntary and involuntary; free, necessary, and constrained. |
19 |
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12. |
Our faculties help one another reciprocally. |
21 |
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13. |
Of reason and virtue. |
21 |
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14. |
Causes of the diversity we observe in the conduct of men. |
22 |
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15. |
Reason has it always in her power to remain mistress. |
23 |
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CHAP. III. |
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That man, thus constituted, is a creature capable of moral direction, and accountable for his actions. |
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1. |
Man is capable of direction in regard to his conduct. |
23 |
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2. |
He is accountable for his actions; they can be imputed to him. |
24 |
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3. |
Principle of imputability. We must not confound it with imputation. |
24 |
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CHAP. IV. |
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Further inquiry into what relates to human nature, by considering the different states of man. |
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1. |
Definition. Division. |
24 |
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2. |
Primitive and original states. |
24 |
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1. State of man with regard to God. |
26 |
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3. |
2. State of society. |
26 |
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4. |
3. State of solitude. 4. Peace, war. |
27 |
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5. |
State of man with regard to the goods of the earth. |
28 |
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6. |
Adventitious states. 1. Family. 2. Marriage. |
28 |
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7. |
3. Weakness of man at his birth. 4. Natural dependance of children on their parents. |
29 |
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8. |
The state of property. |
29 |
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9. |
Civil state of government. |
29 |
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10. |
The civil state and property of goods give rise to several adventitious states. |
30 |
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11. |
True idea of the natural state of man. |
30 |
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12. |
Difference between original and adventitious states. |
31 |
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CHAP. V. |
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That man ought to square his conduct by rule; the method of finding out this rule; and the foundation of the right in general. |
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1. |
Definition of a rule. |
31 |
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2. |
It is not convenient, that man should live without a rule. |
32 |
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3. |
A rule supposes an end, an aim. |
32 |
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4. |
The ultimate end of man is happiness. |
33 |
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5. |
It is the system of providence. |
33 |
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6. |
The desire of happiness is essential to man, and inseparable from reason. |
33 |
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7. |
Selflove is a principle, that has nothing vicious in itself. |
34 |
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8. |
Man cannot attain to happiness but by the help of reason. |
34 |
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9. |
Reason is therefore the primitive rule of man. |
35 |
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10. |
What is right in general? |
36 |
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CHAP. VI. |
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General rules of conduct prescribed by reason. Of the nature and first foundation of obligation. |
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1. |
Reason gives us several rules of conduct. |
37 |
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2. |
First rule. To make a right distinction between good and evil. |
37 |
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3. |
Second rule. True happiness cannot consist in things inconsistent with the nature and state of man. |
39 |
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4. |
Third rule. To compare the present and future together. |
39 |
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Fourth rule. |
40 |
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Fifth rule. |
40 |
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5. |
Sixth rule. To give the goods, that excel most, the preference. |
40 |
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6. |
Seventh rule. In some cases possibility only, and for a much stronger reason probability, ought to determine us. |
41 |
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7. |
Eighth rule. To have a relish for true goods. |
42 |
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8. |
Our mind acquiesces naturally in those maxims, and they ought to influence our conduct. |
42 |
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9. |
Of obligation generally considered. |
43 |
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10. |
Obligation may be more or less strong. |
44 |
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11. |
Dr. Clark's opinion on the nature and origin of obligation. |
44 |
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12. |
Monsieur Barbeyrac's opinion concerning this subject. |
45 |
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13. |
Two sorts of obligations, internal and external. |
46 |
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CHAP. VII. |
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Of right considered as a faculty, and of the obligation thereto corresponding. |
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1. |
The word right is taken in several particular senses, which are all derived from the general notion. |
47 |
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2. |
Definition of right considered as a faculty. |
48 |
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3. |
We must take care to distinguish between a simple power and right. |
48 |
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4. |
General foundation of the rights of man. |
49 |
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5. |
Right produces obligation. |
49 |
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6. |
Right and obligation are two relative terms. |
50 |
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7. |
At what time man is susceptible of right and obligation. |
50 |
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8. |
Several sorts of right and obligations. |
51 |
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CHAP. VIII. |
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Of law in general. |
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1. |
As man by nature is a dependant being, the law ought to be the rule of his actions. |
54 |
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2. |
Definition of law. |
55 |
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3. |
Why law is defined a rule prescribed. |
55 |
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4. |
What is understood by sovereign, sovereignty, and the right of commanding. |
56 |
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CHAP. IX. |
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Of the foundation of sovereignty, or the right of commanding. |
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1. |
First remark. The question is in regard to a necessary sovereignty. |
57 |
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2. |
Second remark. There is neither sovereignty nor necessary dependance between beings perfectly equal. |
58 |
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3. |
Different opinions on the origin and foundation of sovereignty. |
58 |
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4. |
Examen of those opinions. 1. The sole superiority of power is insufficient to found a right of commanding. |
59 |
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5. |
2. Nor the sole excellence or superiority of nature. |
61 |
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6. |
3. Nor the sole quality of Creator. |
61 |
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7. |
True foundation of sovereignty; power, wisdom, and goodness, joined together. |
63 |
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8. |
Explication of our opinion. |
63 |
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9. |
We must not separate the qualities, which form the right of sovereignty. |
65 |
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10. |
Definition of subjection. Foundation of dependance. |
66 |
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11. |
The obligation produced by law is the most perfect, that can be imagined. |
67 |
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12. |
Obligation is internal and external at the same time. |
68 |
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CHAP. X. |
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Of the end of laws; of their character, differences, &c. |
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1. |
Of the end of laws, either in regard to the subject, or in respect to the sovereign. |
69 |
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2. |
The end of laws is not to lay a restraint upon liberty, but to direct it in a proper manner. |
70 |
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3. |
Examen of what Puffendorf says concerning this subject. |
70 |
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4. |
Of the distinction of law into obligatory, and that of simple permission. |
71 |
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5. |
The opinion of Grotius and Puffendorf upon this subject. |
71 |
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6. |
The rights, which men enjoy in society, are founded on this permission. |
72 |
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7. |
The matter of laws. |
72 |
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8. |
Internal conditions of a law, that it be possible, useful, and just. |
73 |
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9. |
External conditions of a law; that it be made known, and accompanied with a sanction. |
73 |
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10. |
Whether the promise of recompense is equally capable, as the commination of punishment, to constitute the sanction of law. |
75 |
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11. |
Who those are, whom the law obliges. Of dispensation. |
75 |
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12. |
Of the duration of laws, and how they are established. |
76 |
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13. |
How many sorts of laws. |
77 |
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CHAP. XI. |
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Of the morality of human actions. |
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1. |
In what the morality of actions consists. |
78 |
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2. |
Actions are, 1. either commanded, or forbidden, or permitted. |
78 |
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3. |
Remarks on permitted actions. |
79 |
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4. |
2. Actions are good or just, bad or unjust, and indifferent. |
79 |
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5. |
Conditions requisite to render an action morally good. |
80 |
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6. |
Of the nature of bad or unjust actions. |
81 |
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7. |
All just actions are equally just; but unjust actions are more or less unjust. |
81 |
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8. |
Essential character of unjust actions. |
82 |
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9. |
Of indifferent actions. |
82 |
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10. |
Division of good and bad actions. |
83 |
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11. |
Of justice and its different kinds. |
83 |
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12. |
Of the relative estimations of moral actions. |
84 |
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13. |
Morality is applicable to persons, as well as actions. |
85 |
PART II
OF THE LAW OF NATURE.
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Sect. |
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Page. |
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CHAP. I. |
IN what the law of nature consists, and that there is such a thing. First considerations drawn from the existence of God and his authority over us. |
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1. |
Subject of this second part. |
87 |
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2. |
Whether there are any natural laws. |
88 |
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3. |
Of the existence of God. |
88 |
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4. |
First proof. The necessity of a self existent and intelligent being. |
88 |
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5. |
We must not seek for this being in this material world. |
89 |
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6. |
Second proof. The necessity of a first mover. |
90 |
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7. |
Third proof. The structure, order, and beauty of the universe. |
91 |
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8. |
The world is not the effect of chance. |
92 |
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9. |
It is not eternal. |
92 |
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10. |
God has a right to prescribe laws to man. |
93 |
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11. |
This is a consequence of his power, wisdom, and goodness. |
93 |
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CHAP. II. |
That God, inconsequence of his authority over us, has actually thought proper to prescribe to us laws or rules of conduct. |
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1. |
God exercises his authority over us, by prescribing laws to us. |
95 |
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2. |
First proof drawn from the very relations, of which we have been speaking. |
96 |
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3. |
Second proof drawn from the end, which God proposed to himself with respect to man, and from the necessity of moral laws, to accomplish this end. |
96 |
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4. |
Confirmation of the preceding proofs. |
97 |
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5. |
Third proof, drawn from the goodness of God. |
98 |
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6. |
Fourth proof, drawn from the principles of conduct, which we actually find within ourselves. |
100 |
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7. |
These principles are obligatory of themselves. |
100 |
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8. |
They are obligatory by the divine will, and thus become real laws. |
100 |
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CHAP. III. |
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Of the means, by which we discern what is just and unjust, or what is dictated by natural law; namely, 1. moral instinct, and 2. reason. |
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1. |
First means of discerning moral good and evil, namely, instinct or inward sense. |
101 |
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2. |
Examples. |
102 |
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3. |
Whence these sensations proceed. |
102 |
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4. |
Of what use they are to us. |
103 |
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5. |
Objection; these sensations are not found in all men. Answer; |
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1. We find some traces of them among the most savage people. |
103 |
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6. |
2. We must distinguish between the natural state of man, and that of his depravation. |
104 |
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7. |
3. If there be any monsters in the moral order, they are very rare, and no consequence can be drawn from them. |
104 |
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8. |
Second means of discerning moral good and evil; which is reason. |
105 |
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9. |
First advantage of reason in respect to instinct; it serves to verify it. |
105 |
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10. |
Second advantage; it unfolds the principles, and thence infers proper consequences. |
106 |
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11. |
Third advantage; reason is an universal means, and applicable to all cases. |
106 |
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CHAP. IV. |
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Of the principles, whence reason may deduce the law of nature. |
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1. |
From whence are we to deduce the principles of the law of nature? |
107 |
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2. |
Preliminary remarks. What we understand by principles of natural law. |
107 |
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3. |
Character of these principles. |
108 |
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4. |
Whether we ought to reduce the whole to one single principle. |
109 |
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5. |
Man cannot attain to the knowledge of natural laws, but by examining his nature, constitution, and state. |
109 |
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6. |
Three states of man. |
110 |
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7. |
Religion; principle of the natural laws, that have God for their object. |
110 |
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8. |
Consequences of this principle. |
111 |
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9. |
Self-love; the principle of those natural laws, which concern ourselves. |
112 |
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10. |
Natural laws derived from this principle. |
113 |
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11. |
Man is made for society. |
114 |
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12. |
1. Society is absolutely necessary for man. |
114 |
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13. |
2. Man by his constitution is very fit for society. |
116 |
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14. |
3. Our natural inclinations prompt us to look out for society. |
116 |
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15. |
Sociability. Principles of natural laws relative to other men. |
117 |
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16. |
Natural laws, which flow from sociability. |
117 |
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1. The public good ought always to be the supreme rule. |
117 |
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2. The spirit of sociability ought to be universal. |
117 |
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3. To observe a natural equality. |
117 |
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4. To preserve a benevolence even towards our enemies. Self-defence is permitted, revenge is not. |
119 |
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17. |
Particular consequences. |
119 |
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18. |
These three principles have all the requisite characters. |
121 |
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19. |
Remarks on Puffendorf's system. |
121 |
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20. |
The critics have carried their censures too far against him in this respect. |
121 |
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21 |
Of the connexion between our natural duties. |
122 |
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22. |
Of the opposition, that sometimes happens between these very duties. |
123 |
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23. |
Natural law obligatory, and natural law of simple permission. General principle of the law of permission. |
124 |
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24. |
Two species of natural law; one primitive, the other secondary. |
125 |
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CHAP. V. |
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That natural laws have been sufficiently notified; of their proper characteristics, the obligation they produce, &c. |
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1. |
God has sufficiently notified the laws of nature to man. |
126 |
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2. |
Men may assist one another in this respect. |
126 |
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3. |
The manner, in which the principles of the laws of nature have been established, is a fresh proof of the reality of those laws. |
127 |
|
|
4. |
Natural laws are the effect of the divine goodness. |
127 |
|
|
5. |
The laws of nature do not depend on arbitrary institution. |
128 |
|
|
6. |
Our opinion is not very wide from that of Grotius. |
129 |
|
|
7. |
The effect of the laws of nature is an obligation of conforming our conduct to them. |
129 |
|
|
8. |
Natural laws are obligatory in respect to all men. |
130 |
|
|
9. |
Grotius's opinion with regard to divine, positive, and universal law. |
130 |
|
|
10. |
Natural laws are immutable, and admit of no dispensation. |
132 |
|
|
11. |
Of the eternity of natural laws. |
132 |
|
CHAP. VI. |
|
Of the laws of nations. |
|
|
|
1. |
How civil societies are formed. |
134 |
|
|
2. |
The civil state does not destroy, but improve the state of nature. |
134 |
|
|
3. |
True ideas of civil society. |
135 |
|
|
4. |
States are considered under the notion of moral persons. |
135 |
|
|
5. |
What is the law of nations. |
135 |
|
|
6. |
Certainty of this law. |
136 |
|
|
7. |
General principle of the law of nations; what polity consists in. |
136 |
|
|
8. |
Inquiry into Grotius's opinion concerning the law of nations. |
137 |
|
|
9. |
Two sorts of law of nations; one of necessity and obligatory by itself; the other arbitrary and conventional. |
138 |
|
|
10. |
Use of the foregoing remarks. |
139 |
|
CHAP. VII. |
|
Whether there is any morality of action, any obligation or duty, antecedent to the law of nature, and independent of the idea of a legislator. |
|
|
|
1. |
Different opinions of ethic writers with respect to the first principle of morality. |
140 |
|
|
2. |
Principles relating to this question. |
141 |
|
|
3. |
Three rules of human actions. 1. Moral sense. 2. Reason. 3. The divine will. |
142 |
|
|
4. |
These three principles ought to be united. |
143 |
|
|
5. |
Of the primitive cause of obligation. |
143 |
|
|
6. |
All rules are of themselves obligatory. |
143 |
|
|
7. |
Obligation may be more or less strong. |
144 |
|
|
8. |
Reason alone is sufficient to impose some obligation on man. |
145 |
|
|
9. |
Objection. Nobody can oblige himself. |
146 |
|
|
10. |
Answer. |
146 |
|
|
11. |
A fresh objection. |
147 |
|
|
12. |
Duty may be taken in a loose or strict sense. |
148 |
|
|
13. |
Result of what has been hitherto said. |
149 |
|
|
14. |
This manner of establishing morality does not weaken the system of natural law. |
150 |
|
|
15. |
Grotius's opinion examined. |
151 |
|
|
16. |
In order to have a perfect system of morality, we should join it with religion. |
151 |
|
CHAP. VIII. |
|
Consequences of the preceding chapter; reflections on the distinctions of justice, honesty, and utility. |
|
|
|
1. |
There is a great deal of ambiguity and mistake concerning this subject. |
152 |
|
|
2. |
Of justice, honesty, utility, order, and fitness. |
152 |
|
|
3. |
Justice, honesty, and utility, are distinct things, and must not be confounded. |
153 |
|
|
4. |
But though they are distinct, yet they are naturally connected. |
153 |
|
|
5. |
Whether an action is just, because God commands it? |
154 |
|
|
6. |
In what the beauty of virtue and the perfection of man consist. |
155 |
|
CHAP. IX. |
|
Of the application of natural laws to human actions; and first of conscience. |
|
|
|
1. |
What is meant by applying the laws to human actions. |
156 |
|
|
2. |
What is conscience. |
156 |
|
|
3. |
Conscience supposes a knowledge of the law. |
157 |
|
|
4. |
First rule. |
157 |
|
|
5. |
Second and third rules. |
158 |
|
|
6. |
Antecedent and subsequent conscience. Fourth rule. |
159 |
|
|
7. |
Subsequent conscience is either quiet, or uneasy. |
160 |
|
|
8. |
Decisive and dubious conscience. Fifth, sixth, and seventh rules. |
161 |
|
|
9. |
Scrupulous conscience. Eighth rule. |
162 |
|
|
10. |
Right and erroneous conscience. Ninth rule. |
162 |
|
|
11. |
Demonstrative and probable conscience. Tenth rule. |
163 |
|
CHAP. X. |
|
Of the writ and demerit of human actions; and of their imputation relative to the laws of nature. |
|
|
|
1. |
Distinction of imputability and imputation. Of the nature of a moral cause. |
165 |
|
|
2. |
Of the imputation. It supposes a knowledge of the law, as well as of the fact. |
165 |
|
|
3. |
Examples. |
166 |
|
|
4. |
Principles. 1. We ought to infer actual imputation from imputability only. |
167 |
|
|
5. |
2. Imputation supposes some connexion between the action and its consequences. |
167 |
|
|
6. |
3. Foundation of merit and demerit. |
168 |
|
|
7. |
In what merit and demerit consist. |
169 |
|
|
8. |
4. Merit and demerit have their degrees; and so has imputation. |
169 |
|
|
9. |
5. Imputation is either simple or efficacious. |
170 |
|
|
10. |
6. Effects of one and the other. |
170 |
|
|
11. |
7. If all those, who are concerned, do not impute an action, it is supposed not to have been committed. |
171 |
|
|
12. |
8. Difference between the imputation of good and bad actions. |
171 |
|
CHAP. XI. |
|
Application of those principles to different species of actions, in order to judge in what manner they ought to be imputed. |
|
|
|
1. |
What actions are actually imputed? |
172 |
|
|
2. |
Actions of such, as have not the use of reason. |
172 |
|
|
3. |
Of what is done in drunkenness. |
172 |
|
|
|
2. Of things impossible. Of the want of opportunity. |
172 |
|
|
|
3. Of natural qualities. |
173 |
|
|
4. |
Of events produced by external causes. |
173 |
|
|
5. |
Of what is done through ignorance or error. |
173 |
|
|
6. |
Of the effect of temperament, habits, or passions. |
174 |
|
|
7. |
Of forced actions. |
174 |
|
|
8. |
Forced actions are in themselves either good, bad, or indifferent. |
175 |
|
|
9. |
Why a bad action, though forced, may be imputed. |
177 |
|
|
10. |
Puffendorf's opinion. |
178 |
|
|
11. |
Of actions, in which more persons than one are concerned. |
179 |
|
|
12. |
Three sorts of moral causes; principal, subaltern, and collateral. |
180 |
|
|
13. |
Application of these distinctions. |
183 |
|
CHAP. XII. |
|
Of the authority and sanction of natural laws; and 1. of the good and evil, that naturally and generally follow from virtue and vice. |
|
|
|
1. |
What is meant by the authority of natural laws. |
184 |
|
|
2. |
The observance of natural laws forms the happiness of man and society. |
185 |
|
|
3. |
Explications on the state of the question. |
185 |
|
|
4. |
Proof of the abovementioned truth, by reason. |
186 |
|
|
5. |
Proofs by experience. 1. Virtue is of itself the principle of inward satisfaction; and vice a principle of disquiet and trouble. |
186 |
|
|
6. |
Of external goods and evils, which are the consequence of virtue and vice. |
187 |
|
|
7. |
These different effects of virtue and vice are still greater among those, who are invested with power and authority. |
188 |
|
|
8. |
Confirmation of this truth by the confession of all nations. |
188 |
|
|
9. |
Confirmation of the same truth by the absurdity of the contrary. |
189 |
|
|
10. |
Answer to some particular objections. |
189 |
|
|
11. |
The advantage always ranges itself on the side of virtue; and this is the first sanction of the laws of nature. |
190 |
|
|
12. |
General difficulty drawn from the exceptions, which render this first sanction insufficient. |
190 |
|
|
|
The goods and evils of nature and fortune are distributed unequally, and not according to each person's merit. |
190 |
|
|
|
The evils produced by injustice fall as well upon the innocent as the guilty. |
192 |
|
|
|
Sometimes even virtue itself is the cause of persecution. |
192 |
|
|
13. |
The means, which human prudence employs to remedy those disorders, are likewise insufficient. |
192 |
|
|
14. |
The difficulty proposed is of great consequence. |
194 |
|
CHAP. XIII. |
|
Proof of the immortality of the soul. That there is a sanction properly so called in respect to natural laws. |
|
|
|
1. |
State of the question. |
194 |
|
|
2. |
Divisions of opinions. How it is possible to know the will of God in respect to this point. |
195 |
|
|
3. |
Whether the soul is immortal? |
195 |
|
|
4. |
First proof. The nature of the soul seems intirely distinct from that of the body. |
195 |
|
|
5. |
Death does not therefore necessarily imply the annihilation of the soul. |
196 |
|
|
6. |
Objection. Answer. |
197 |
|
|
7. |
Confirmation of the preceding truth. Nothing in nature is annihilated. |
197 |
|
|
8. |
Second proof. The excellency of the soul. |
198 |
|
|
9. |
Confirmations. Our faculties are always susceptible of a greater degree of perfection. |
198 |
|
|
10. |
Objection. Answer. |
199 |
|
|
11. |
Third proof, drawn from our natural dispositions and desires. |
199 |
|
|
12. |
The sanction of natural laws will show itself in a future life. |
201 |
|
|
13. |
First proof, drawn from the nature of man considered on the moral side. |
201 |
|
|
14. |
Second proof, drawn from the perfections of God. |
202 |
|
|
15. |
The objection drawn from the present stage of things serves to prove the sentiment it opposes. |
205 |
|
|
16. |
The belief of a future state has been received by all nations. |
205 |
|
CHAP. XIV. |
|
That the proofs we ham alleged have such a probability and fitness, at render them sufficient to fix our belief, and to determine our conduct. |
|
|
|
1. |
The proofs we have given of the sanction of natural laws are sufficient. |
206 |
|
|
2. |
Objection. These proofs contain no more than a probability of fitness. General answer. |
206 |
|
|
3. |
What is meant by a probability of fitness. |
207 |
|
|
4. |
General foundation of this manner of reasoning. |
207 |
|
|
5. |
This kind of fitness is very strong in respect to natural law. |
208 |
|
|
6. |
This fitness has different degrees. Principles to judge of it. |
208 |
|
|
7. |
Application of these principles to our subject. |
209 |
|
|
8. |
Comparison of the two opposite systems. |
209 |
|
|
9. |
The system of the sanction of natural laws is far preferable to the opposite system. |
210 |
|
|
10. |
Objection. Answer. |
211 |
|
|
11. |
Of the influence, which those proofs ought to have over our conduct. |
211 |
|
|
12. |
It is a necessary consequence of our nature and state. |
212 |
|
|
13. |
Reason lays us under an obligation of so doing. |
213 |
|
|
14. |
It is a duty, which God himself imposes on us. |
213 |
|
|
15. |
Conclusion. |
214 |
|
|
16. |
That, which is already probable by reason only, is set in full evidence by revelation. |