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

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СКАЧАТЬ use of false Weights or Measures, to repay Money that is lent, at the appointed Time. But it is not yet evident, whether, if Mankind had continu’d without Sin, there would have been driven, any Trade and Commerce, as there is now in the World; or whether there would then have been any Occasion for the Use of Money. In like manner, if such Kind of Communities as are now adays, were not to be found in the State of Innocence, there would be then likewise no Occasion for those Laws which are presuppos’d as requisite for the well-ordering and Government of such Societies. We are also now commanded by the Law of Nature, To succour those that are in Want. To relieve those that are oppressed. To take care of Widows and Orphans. But it would be to no purpose to have inculcated these Precepts to those who were no ways subject to Misery, Poverty, and Death. The Law of Nature now enjoyns us, To forgive Injuries; and, To use our utmost Endeavours towards the promoting of Peace amongst all Mankind. Which would be unnecessary among those who never offended against the Laws of Mutual Society. And this too is very evident in the Prohibitory Precepts which relate to the Natural, not Positive, Law. For although every Command does virtually contain in it self a Prohibition of the opposite Vice; (as, for Instance, he that is commanded to love his Neighbour, is at the same time forbidden to do such Actions, as may any ways thwart or contradict his Duty of Love:) Yet it seems superfluous that these things should be ordain’d by express Commands, where there are no disorderly Inclinations to excite Men to the committing such Wrongs. For the Illustration of which, this may be taken notice of, that ^*Solon would by no Publick Law enact any Punishment for Parricides, because he thought that no Child could be guilty of so horrid an Impiety. In like manner we find an Account, in the ^†History of the West‐Indies, concerning the People of Nicaragua; that in their Laws no Punishment was appointed for those who should kill the Cacique, by which Name they call their Princes; because, say they, there can be no Subject, who would contrive or perpetrate so base an Action. I am afraid it may savour too much of Affectation to enlarge any farther in the Proof of what is in it self so clear and evident. Yet I shall add this one Example, fitted to the meanest Capacity. Suppose there are two Children, but of different Dispositions, committed to the Care of a certain Person: One of which is Modest and Bashful, taking great delight in his Studies; the other proves Unruly, and Surly; giving himself over more to loose Pleasures, than to Learning. Now the Duty of both these is the same, To follow their Studies; but the particular Precepts, proper to each, are different; for it is sufficient to advise the Former to what Kind of Studies he must apply himself, at what Time, and after what Manner they are to be follow’d: But as for the Other, he must be enjoyn’d under severe Penalties, not to Wander abroad, not to Game, not to sell his Books, not to get others to make his Exercises, not to play the good Fellow, not to run after Harlots. Now if any one should undertake, in a set Discourse, to declaim against these things to him of the contrary Temper, the Child might very well enjoyn him Silence, and bid him inculcate them to any Body else, rather than to him, who takes no Delight or Pleasure in such Practices. From whence I look upon it as manifest, that the Law of Nature would have a quite different Face, if we were to consider Man, as he was in his Primitive State of Innocence.

      And now since the Bounds and Limits of this Science, whereby it is distinguish’d from Moral Divinity, are so clearly set down, it ought at least to have the same Priviledges with other Sciences, as the Civil Law, Physick, Natural Philosophy, and the Mathematicks; wherein if any Unskilful Person presume to meddle, assuming to himself the Quality of a Censor, without any Authority, he may fairly have that objected to him, which was formerly done by ^*Apelles to Megabyzus, who undertook to talk at random about the Art of Painting; Pray, said he, be silent, lest the Boys laugh at you, who pretend to talk of Matters you do not understand.

      Now, upon the whole, I am content to submit to the Judgment of Discreet and Intelligent Persons; but as for Ignorant and Spiteful Detractors, ’tis better to leave ’em to themselves, to be punish’d by their own Folly and Malice; since according to the Ancient Proverb, The Ethiopian cannot change his Skin.

Book I

CHAPTER I

       Of Human Actions in general, the Principles of ’em, and how to be accounted for, or imputed

      I. What Duty is.

      What we mean here by the Word DUTY, is, That^*Action of a Man, which is regularly order’d according to some prescrib’d Law, which he is oblig’d to obey. To the Understanding whereof it is necessary to premise somewhat, as well touching the Nature of a Human Action, as concerning Laws in general.

      II. What a Human Action.

      By a Human Action we mean not every Motion that proceeds from the Faculties of a Man; but such only as have their Original and Direction from those Faculties which God Almighty has endow’d Mankind withal, distinct from Brutes; that is, such as are undertaken by the Light of the Understanding, and the Choice of the Will.

      III. Human Capacity. Knowing and Chusing L. N. N. l. 1. c. 1. §2 c. 3. §1.

      For it is not only put in the Power of Man to know the various Things which appear in the World, to compare them one with another, and from thence to form to himself new Notions; but he is able to look forwards, and to consider what he is to do, and to carry himself to the Performance of it, and this to do after some certain Manner, and to some certain End; and then he can collect what will be the Consequence thereof. Beside, he can make a Judgment upon Things already done, whether they are done agreeably to their Rule. Not that all a Man’s Faculties do exert themselves continually, or after the same manner, but some of them are stir’d up in him by an internal Impulse; and when rais’d, are by the same regulated and guided. Neither beside has a Man the same Inclination to every Object; but some he Desires, and for others he has an Aversion: And often, though an Object of Action be before him, yet he suspends any Motion towards it; and when many Objects offer themselves, he chuses one and refuses the rest.

      IV. Human Understanding. L. N. N. l. 1. c. 3.

      As for that Faculty therefore of comprehending and judging of Things, which is called the Understanding; it must be taken for granted, first of all, ^*That every Man of a mature Age, and entire Sense, has so much Natural Light in him, as that, with necessary Care, and due Consideration, he may rightly comprehend, at least those general Precepts and Principles which are requisite in order to pass our Lives here honestly and quietly; and be able to judge that these are congruous to the Nature of Man. For if this, at least, be not admitted within the Bounds of the Forum Humanum, [or Civil Judicature] Men might pretend an invincible Ignorance for all their Miscarriages; ^*because no Man in foro humano can be condemn’d for having violated a Law which it was above his Capacity to comprehend.

      V. What is meant by Conscience rightly inform’d, and what by Probable Conscience. L. N. N. l. 1. c. 3. §5.

      The Understanding of Man, when it is rightly instructed concerning that which is to be done or omitted, and this so, as that he is able to give certain and undoubted Reasons for his Opinions, is wont to be call’d CONSCIENCE RIGHTLY INFORM’D: That is, govern’d by sure Principles, and settling its Resolutions conformably to the Laws. But when a Man has indeed entertain’d the true Opinion about what is to be done or not to be done, the Truth whereof yet he is not able to make good by Reasoning; but he either drew such his Notion from his Education, way of Living, Custom, or from the Authority of Persons wiser or better than himself; and no Reason appears to him that can persuade the contrary, this uses to be call’d Conscientia СКАЧАТЬ