Citizen. Though his great work is called Of the Law of Nature and of Nations, he deals far more extensively with the law of nations than of nature. It has been analyzed under LAW OF NATIONS (Droit des Gens), to which we refer the reader.
[print edition page 109]
The most recent, the most precise, and the most methodical work that we have on natural law is the one which we have already mentioned by J. J. Burlamaqui, Councillor of State and formerly professor of Natural and Civil Law in Geneva. In 1747 in Geneva this work was printed in quarto. It is entitled Principles of Natural Law and is divided into two parts.9
The first part deals with general principles of law, the second with natural laws. Each of the two parts is divided into several chapters, and each chapter into several paragraphs.
In the first part, which relates to general principles of law, after having defined natural law, the author seeks the principles of this science in man’s nature and in his condition; he examines man’s actions, in particular as they concern the law; he explains that understanding is necessarily just, that its perfection consists in the knowledge of truth, and that ignorance and error are two obstacles to this knowledge.
From there he goes on to man’s will, to his instincts, inclinations, passions; to the use man makes of his freedom when he is dealing with truth and self-evident things, with good and evil, and with things not easily defined.
Man is capable of direction in his behavior, and he is accountable for his own actions.
The distinctions of the various conditions of man also enter into the knowledge of natural law; man has to be considered in his original state in relation to God, in relation to society or by himself. There have to be considerations of accessory and adventitious10 conditions resulting from war and peace, from birth and marriage. The weakness of man at birth puts children in a natural position of dependence on their parents; the situation of man vis-à-vis property and government brings about still other related conditions.
It would not be proper for men to live without rules; rules presuppose a final goal; that of man is to aspire to happiness; this is the system of Providence; it is the essential desire of man, inseparable from reason which is man’s basic guide. Since true happiness cannot be incompatible with the
[print edition page 110]
nature and condition of man, rules of conduct consist in a distinction between good and evil, in a comparison of past and present, in not seeking a good that may give rise to greater evil, in accepting a small evil if it is followed by a great good, in giving preference to the greatest good, in certain cases in being persuaded only by probability or verisimilitude and finally in acquiring the inclination toward the truly good.
In order really to know natural law, one has to understand what is meant by obligation in general. Law taken as power produces obligations; rights and obligations are several: some are natural, others are acquired; some are such that they cannot be rigidly fulfilled, others cannot be renounced. These obligations are also distinguished by their object. For instance, there is the right we have over ourselves, which is called liberty; the right of property or estate over things that belong to us; the right one has over the person or actions of another, which is called sovereignty or authority; finally the right one can have over things belonging to someone else, which is also of several kinds.
Man, by nature a dependent being, must take law as the rule of his action, for law is nothing other than a rule set down by the sovereign. The true foundations of sovereignty are power, wisdom, and goodness combined. The goal of laws is not to impede liberty but to direct properly all man’s actions.
In substance these are the topics considered by M. Burlamaqui in the first section of his work. In the second, which deals specifically with natural law, he defines it as the law God imposes on all men, which they can come to know by the light of their reason alone when they examine their nature and condition.11
Natural law is the systematization, the collection, or the body of these same laws. Natural jurisprudence is the art of arriving at the knowledge of the laws of nature, of developing them, and of applying them to man’s actions.
We cannot doubt realities of natural law, since everything contributes to proving the existence of God. He has the right to prescribe laws to men,
[print edition page 111]
and it is a consequence of His power, wisdom, and goodness to give men rules of conduct.
The ways by which one can distinguish what is just and unjust or what is dictated by natural law are:
(1) Instinct or a certain inner feeling that makes us lean toward certain actions or away from them.
(2) Reason, which confirms instinct; it develops principles and deduces consequences.
(3) God’s will, made known to man—and so becoming the supreme rule.
Man cannot arrive at a knowledge of natural laws except by examining his nature, his make-up, and his condition. All natural laws are concerned with three objects: God, the self, and others.
Religion is the principle of the laws which concern God.
Self-love is the principle of natural laws relating to ourselves.
The spirit of society is the basis of those laws which relate to others.
God has sufficiently revealed the natural laws to man; men can still help each other to know them. These laws are the work of God’s goodness. They do not depend upon an arbitrary institution; therefore they oblige all men to conform to them. They are perpetual, immovable, and admit no exceptions.
To apply natural law to actions, that is, to render equitable judgment, one has to consult one’s conscience, which is nothing else but one’s reason. When the question arises whether someone can be held responsible for the consequences of a bad action, it must be ascertained whether he knew the law and the fact or whether forces beyond his control constrained him to act contrary to natural law.
The authority of natural laws stems from the fact that they owe their existence to God. Men submit to them because to observe them leads to the happiness of men and society. This is a truth demonstrated by reason. It is equally true that virtue by itself is a principle of inner satisfaction, whereas vice is a principle of unrest and trouble. It is equally certain that virtue produces great external advantage, while vice produces great ills.
Yet virtue does not always have for those who practice it as happy outward effects as it should have. One can frequently observe the good and evil of nature and of fortune distributed unequally and not according to the merits of each individual. Evils resulting from injustice fall upon the
[print edition page 112]
innocent as well as upon the guilty, and often virtue itself is subject to persecution.
All man’s prudence is not sufficient to relieve such disorders. Still another consideration is necessary to force men to observe the natural laws, namely, the immortality of the soul and the belief in the future, where what might be missing in the sanction of natural laws will be carried out if divine wisdom deems it necessary.
This is how our author proves the authority of natural law over reason and religion, which are the two great lights given by God for man’s conduct.
The Preface of the book announces that this treatise is merely the beginning of a more extensive work, or a complete system of the law of nature and of nations, which the author intends to publish. However, since his plans were thwarted by other commitments and by ill health, he was determined to publish this first part. Though this is an excellent summary of natural law, one cannot help hoping that the author will complete the work he has undertaken, where the subject will be treated to the fullest extent.12
One can also refer to what is said on natural law in several places by the author of The Spirit of the Laws.13 (A)
[print edition page 113]