The Whole Duty of Man, According to the Law of Nature. Samuel Pufendorf

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СКАЧАТЬ Drought to the Prayers of Elijah, 1 Kings xvii. and the like.] These and such Cases being excepted, no Man is responsible but for his own Actions.

      XIX. The second Conclusion. L. N. N. l. 1. c. 5. §7.

      WHATSOEVER Qualifications a Man has or has not, which it is not in his Power to exert or not to exert, must not be imputed to him, unless so far as he is wanting in Industry to supply such Natural Defect, or does not rouse up his native Faculties. So, because no man can give himself an Acuteness of Judgment and Strength of Body; therefore no one is to be blam’d for Want of either, or commended for having them, except so far as he improv’d, or neglected the cultivating thereof. Thus Clownishness is not blameable in a Rustic, but in a Courtier or Citizen. And hence it is, that those Reproaches are to be judg’d extremely absurd, which are grounded upon Qualities, the Causes of which are not in our Power, as, Short Stature, a deform’d Countenance, and the like.

      XX. The Third Conclusion. L. N. N. l. 1. c. 5. §10.

      Farther, We are not chargeable for those Things, which we do thro’ Invincible Ignorance. Because we have nothing but the Light of our Understanding to direct our Actions by; and in this case it is supposed that the Agent neither had, nor possibly could have, this Light for his Direction at that time, and that it was not his own Fault that made it not possible for him then to come at proper Knowledge. When we say not possible for him to know, we must be understood in a Moral not a Physical Sense; that is, it was not possible to come to this Knowledge by the usual and common Means, by using his best Care and Attention, and by giving such Diligence, Precaution, and Circumspection, as in all reason may be thought sufficient for the attaining such Knowledge.

      XXI. The fourth Conclusion.

      Ignorance of a Man’s Duty, or of those Laws from whence his Duty arises, or Error about either of them, does not excuse from blame. For whosoever imposes Laws and Services, is wont and ought to take care that the Subject have notice thereof. And these Laws and Rules of Duty generally are and should be order’d to the Capacity of such Subject, if they are such as he is obliged to know and remember. Hence, he who is the Cause of the Ignorance shall be bound to answer for those Actions which are the Effects thereof.

      XXII. The fifth Conclusion.

      He who, not by his own fault, wants an Opportunity of doing his Duty, shall not be accountable, because he has not done it. An Opportunity of doing our Duty comprehends these four requisite Conditions: 1. That an Object of Action be ready: 2. That a proper Place be had, where we may not be hindred by others, nor receive any Mischief: 3. That we have a fit Time, when Business of greater Necessity is not to be done, and which is equally seasonable for those Persons who are to concur with us in the Action: and 4. Lastly, That we have natural Force sufficient for the performancer. For since an Action cannot be atchiev’d without these, ’twould be absurd to blame a Man for not acting, when he had not an Opportunity so to do. Thus, a Physician cannot be accus’d of Sloth, when no body is sick to employ him. Thus, no Man can be liberal, who wants himself. Thus he cannot be reprov’d for burying his Talent who having taken a due care to set himself in an useful Station, has yet miss’d of it: tho’ it be said,^* To whom much is given, from him much shall be requir’d.^†Thus we cannot blow and suck all at once.

      XXIII. The sixth Conclusion. L. N. N. l. 1. c. 5. §8.

      No Man is accountable for not doing that which exceeded his Power, and which he had not Strength sufficient to hinder or accomplish. Hence that Maxim, To Impossibilities there lies no Obligation. But this Exception must be added, Provided, that by the Person’s own Fault he has not impaired, or lost that Strength which was necessary to the Performance; for if so, he is to be treated after the same manner, as if he had all that Power which he might have had: Otherwise it would be easie to elude the Performance of any difficult Obligation, by weakening one’s self on purpose.

      XXIV. The seventh Conclusion. L. N. N. l. 1. c. 5. §9.

      Neither can those things be imputable, which one acts or suffers by Compulsion. For it is supposed, that ’twas above his power to decline or avoid such doing or suffering. But we are said after a twofold manner to be compell’d; one way is, when another that’s stronger than us violently forces our Members to do or endure somewhat; the other, ^‡when one more powerful shall threaten some grievous Mischief (which he is immediately able to bring upon us) unless we will, as of our own accord, apply our selves to the doing of this, or abstain from doing that. For in these cases unless we are expressly obliged to take the Mischief to our selves which was to be done to another, he that sets us under this Necessity, is to be reputed the Author of the Fact; and the same is no more chargeable upon us, than a Murder is upon the Sword or Ax which was the Instrument.

      XXV. The eighth Conclusion.

      The Actions of those who want the Use of their Reason are not imputable; because they cannot distinguish clearly what they do, and bring it to the Rule. Hitherto appertain the Actions of Children, before their reasoning Faculties begin to exert themselves. For though they are now and then chid or whipt for what they do; yet it is not from hence to be concluded, that their Actions are really Crimes, or that in strictness they deserve this punishment for them; which they receive not as from Justice, but in Prudence to prevent their growing troublesome to others, and lest they contract ill Habits in themselves when they are little, and so keep them when they are grown up. So also the Doings of Franticks, Crackbrains, and Dotards are not accounted Human Actions, nor imputable to those who contracted such incapacitating Disease, without any fault of their own.

      XXVI. The ninth Conclusion. L. N. N. l. 1. c. 5 §11.

      Lastly, A Man is not chargeable with what he seems to do in his Dreams; unless by indulging himself in the Day-time with idle Thoughts, he has deeply impressed the Ideas of such Things in his Mind; (tho’ Matters of this Sort can rarely be within the Cognizance of the Human Forum.) For indeed the Fansie in Sleep is like a Boat adrift without a Guide; so that ’tis impossible for any Man to order what Ideas it shall form.

      L. N. N. l. 1. c. 5. §14.

      XXVII. Imputation of another’s Actions. L. N. N. l. 1. c. 5. §14.

      But concerning the Imputation of another Man’s Actions, it is somewhat more distinctly to be observ’d, that sometimes it may so happen, that an Action ought not at all to be charged upon him that immediately did it, but upon another who made use of this only as an Instrument. But it is more frequent, that it should be imputed both to him who perpetrated the thing, and to the other, who by doing or omitting something, shew’d his concurrence to the Action. And this is chiefly done after a threefold manner; either, 1. As the other was the principal Cause of the Action, and this less principal. Or, 2. As they were both equally concern’d. Or, 3. As the other was less principal, and he that did the Act was principal. To the first Sort belong those who shall instigate another to any thing by their Authority; those who shall give their necessary Approbation, without which the other could not have acted; those who could and ought to have hindred it, but did not. To the second Class appertain, those who order such a thing to be done, or hire a Man to do it; those who assist; those who afford harbour and protection; those who had it in their Power, and whose Duty it was to have succour’d the wronged Person, but refus’d it. To the third Sort are refer’d such as are of ^*counsel to the Design; ^†those that encourage and commend the Fact before it be done; and such as incite Men to sinning by their Example, and the like.

CHAPTER II

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