Читать книгу A Methodical System of Universal Law - Johann Gottlieb Heineccius - Страница 18
ОглавлениеOf the application of this rule to actions, and the differences of actions proceeding from thence.
SECTION XCV
The connexion.
Having considered the nature of human free actions, and the rule according to which they ought to be regulated; the next thing to be considered, is the application of this rule to free actions. The application of a law to a fact is called imputation, and therefore we shall in this chapter treat of it.
SECTION XCVI
Imputation is made by comparing a law with a fact; and therefore by reasoning.
Imputation being the application of a law to a fact (§95), which cannot be done otherwise than by comparing a law and a fact, i.e. by two propositions compared together, and with a third by a syllogism; the consequence is, that imputation is a syllogism or reasoning, the major proposition of which signifies a law; the minor a certain action: and the conclusion is the sentence, with regard to the agreement or disagreement of the action with the law.*<66>
SECTION XCVII
Wherein it differs from conscience.
Having said much the same thing above concerning conscience (§94), which however is not the same with imputation, let us observe wherein the difference between them consists; and it lies in this: Whereas conscience is a reasoning about the justice and injustice of one’s own actions: imputation is a reasoning about the agreement or disagreement with law of another’s actions. In the first case, every one is his own judge: in the other, another person judges of our actions, and compares them with the law.* <67>
SECTION XCVIII
An action is imputed either by God or by human judges.
Every application of law to fact is called imputation (§9), whether an action be compared with the divine law or with a human law; and in like manner, whether God himself, or men, whose office it is, apply law to a fact. The former, however, moralists are accustomed to call imputation in foro divino; the latter in foro humano. But there is this very considerable difference between the two, that in the latter none suffers punishment for thoughts, l. 18. D. de poenis; but God being omniscient, and requiring internal obedience (§91), he justly imputes to us even thoughts which are disagreeable to his law.* <68>
SECTION XCIX
And then man is declared to have merited either punishment or reward.
Further, whereas the law which is applied to human actions is enforced by a sanction (§64), hence it follows, that to impute is the same as to declare, that the effect which a certain law assigns to an action, agrees to such a particular action. This effect is called in general merit; punishment, if the effect of an action exhibited by the law be evil; and reward, if the effect be good.*
SECTION C
The definition of imputation and axioms relative to it.
Imputation therefore is a reasoning by which an action of another person, being, in all its circumstances, compared with a law, whether divine or human, is declared to merit, or not merit a certain effect proposed by a law. From which definition it is manifest, that we cannot certainly pronounce whether an action be imputable or not, unless we have a distinct comprehension both of the law and of the action in all its circumstances: and that one circumstance often alters the whole state of the case.
SECTION CI
It supposes the knowledge and interpretation of the law.
Since the law must be known to him who would form a right judgment of the imputability of actions, the consequence is, that he ought to be sure there is a certain law, and ought rightly to under-<69>stand the whole of that law, and therefore to interpret it rightly, if it be conceived in concise or obscure terms; i.e. he ought distinctly to comprehend the mind of the law-giver declared by words, or by whatever other signs.†
SECTION CII
Its foundation.
Seeing an interpreter represents distinctly the law-giver’s meaning, declared by words or other signs; it follows, that in interpreting laws, great attention must be given both to the proper and the metaphorical signification of words; to their connection with what precedes and what follows, and to the nature and character of the subject itself; and yet more especially to the scope and intention of the law-giver, which induced him to enact the law; wherefore they judge well, and we agree with them who assert the reason of the law to be its spirit or soul. See our preface ad Elem. Pandect.*1<70>
SECTION CIII
Its various sorts.
Further, since the reason of a law is as it were its soul, hence it must follow, that the law ceases when the sole reason of it wholly and absolutely ceases: that if it do not agree to a certain case, that case cannot fall under the law on account of the very reason of the law; and this is the foundation of what is called restrictive interpretation; to which may be rightly referred equity, i.e. a power of correcting the law in respect of universality: Grot. de Aequit. indulg. & facilit. c. 1. n. 3.2 2 that if the words of a law do not quadrate with a certain case, and yet the reason of the law be applicable to it, then there is place for what is called extensive interpretation: Finally, that when the words and reason of the law keep as it were pace together, then there is only room for declarative interpretation.*<71>
SECTION CIV
The difference between authentic, customary, and doctrinal interpretation.
Besides, because the law is interpreted either by the legislator or judge, or some other, to whose office it belongs to apply the law to facts, or by a lawyer, interpretation on these accounts is therefore called authentic, customary, or doctrinal; the foundation of the first is the will of the legislator; of the second, practice in courts of justice; and of the last, the application of the rules of interpretation abovementioned.†
SECTION CV
An action is imputed to its author or cause.
Because he who would interpret a law aright, ought to know all the circumstances of the fact, (§108), and the principal circumstance is the person acting; hence we conclude, that an action is to be imputed to him who is the author or cause of it; and, on the contrary, imputation ceases if any thing be done, of which the doer is neither the cause nor the author, tho’ we sometimes impute the merits of one to others; which imputation is commonly called imputation by favour, in contradistinction to that which is of debt or merit, strictly so called. Puffend. de jur. nat. & gent. 1. 9. 2.*<72>
SECTION CVI
What actions are not imputable.
If therefore an action be imputed to none, unless he be the cause or author of it (§105); but a person cannot be called the author of any action which is not human; i.e. which is not done by the will, under the direction of the understanding (§30); hence it is obvious, that neither passions, nor natural actions, nor events wholly providential, nor things done in a fit of madness, nor natural imperfections either of body or mind, nor things done in sleep or drunkenness can be imputed to any person, but so far as it depended upon the agent to prevent them (§26, 29, 49).†<73>
SECTION CVII
Whether actions done thro’ ignorance or error be imputable.
As for what relates to ignorance and error, since both these imperfections of the understanding are either culpable or inculpable (§48, 49), vincible or invincible, voluntary or unvoluntary (§50), it follows from the same principles, that inculpable, invincible, involuntary ignorance cannot justly be imputed to a person; but that an action done thro’ culpable, vincible, and voluntary ignorance is justly imputable: and the same holds with regard to error: much less can ignorance or error be any excuse to one, if the action itself be unlawful, or be done in an unlawful place, time, or manner; because, in such cases, it not only was in the agent’s power not to be ignorant or not to err, but he was absolutely obliged to omit the action.*<74>
SECTION CVIII
Of error in fact and in law.
Further, one may err either in point of fact or in point of law. To the former belong the rules already laid down (§107), because a circumstance in a fact may escape the most prudent persons, and therefore his error, in point of fact, may be inculpable, invincible, involuntary. But error, in point of law, with relation to the law of nature, does not excuse, because right reason promulgates this law to every one, unless, perhaps, when age, stupidity, and the more subtle nature of a particular law dictate a milder sentence. But as for civil law, ignorance of it is so far imputable, as it is so framed and promulgated that the person might know it.†<75>
SECTION CIX
Whether undersigned and forced actions are imputable.
Since the free will of man must concur to render an action such of which one can be called the author and cause (§30); but unintended actions are such, that they do not proceed from the determination of the mind (§58); hence it follows, that an action which one does against his will, or without intention, cannot be imputed to him; on the contrary, whatever is done spontaneously, is imputable, and much more whatever is done of one’s own free accord: yea, what one is forced to do is imputable to him, if he who forced him had a right to force him; but not, if he who forces him was not in the exercise of his right, or if the person forced was, previously to the force used, under no obligation of doing it.* <76>
SECTION CX
Whether bodily constitution, habit, &c.
But seeing neither temperament, affections, propensions, habits, nor external force, hinder the free exercise of the will (§54 & seq.) it is abundantly manifest, that neither bodily constitution, which hath so great an influence commonly on the affections of the mind, nor passions, however impetuous and vehement, nor habit, tho’ become a second nature, can hinder the imputation of an action; tho’ sometimes, in human courts, he be reckoned an object of just commiseration, who was transported into a bad action by the violence of just grief, or any afflictive passion.*
SECTION CXI
Whether actions extorted by some are imputable?
Hence it is easy to see whether one be in any degree excusable, who being overpowered by fear, to which the bravest mind may succumb, commits <77> any action contrary to law. For if the fact be such that there is no room to plead necessity, in vain is it pretended. But in what cases necessity cannot be pleaded, we shall enquire more accurately afterwards.*
SECTION CXII
When and how an action is imputed to the moral cause?
Whensoever the understanding and will, and the physical motion of the body concur to an action, then he who does it is called the physical cause of the action; but if the mind alone acts without any corporeal motion, he is called the moral cause. Since therefore understanding and will are the only principles of human actions (§30), hence it follows, that an action is no less imputable to the moral cause than to the physical cause, if the concurrence of the will and understanding in both be equal; more imputable to the moral than to the physical cause, if one induces another, who is under obligation to obey him, to act, by commanding or compelling him; less imputable to the moral than to the physical cause, if one concurs with the action by advice or approbation only.†<78>
SECTION CXIII
Whether the condition of the agent contributes any thing toward imputability.
To the circumstances of the person to whom an action is imputable (§105), belong his dignity, rank, and quality; and therefore it is indisputable, that when many persons concur in the same action, if the action be just it is less imputable, and if the action be unjust, it is more imputable to him whom relation, prudence, duty, age, dignity, ought to influence to good conduct, and restrain from bad, than to a stranger, an ignorant, stupid person, one under no particular tie, a boy, a stripling, or, in fine, a person of no rank or dignity.*<79>
SECTION CXIV
Occasion being wanting, the action is not imputed.
Since, in the imputation of actions, regard ought to be had not only to the person of the agent, but to all the other circumstances; but that concurrence of circumstances in the object, of time and place, together with sufficient abilities, without which an action cannot be done, is called occasion or opportunity; it follows necessarily, that he is not excusable whom occasion tempts to commit any crime; nor he who loses the opportunity of doing a good action thro’ indolence or negligence; but an omission of an action is not to be imputed to one who had no opportunity of doing it.*
SECTION CXV
Whether the omission of things impossible can be imputed, or how and when?
Much less then can the omission of these actions be imputed to one, which are either impossible in the nature of things, or contrary to laws and good manners, or at least which he had not sufficient ability to perform, except so far as one had weakened the abilities with which he was endowed by his own fault, or had rashly, with bad intention, promised what he might have foreseen to be impossible for him to perform.†<80>
SECTION CXVI
What actions are good, and what are evil?
Moreover, actions compared in this manner with a rule of action, take different names. If they, in all their circumstances, be agreeable to right reason, not obliging by external obligation, or to internal obligation merely (§7), they are good; but if in one or more circumstances they deviate from right reason to whatever side, they are bad. From which definitions it follows, that an action must be both materially and formally good (as the schools speak) in order not to be classed with bad actions.*
SECTION CXVII
What actions are just, and what are unjust?
Again, if we compare actions with a law, those which are in all things agreeable to law are just; those which are, in any one circumstance, disagreeable to law, are unjust, and are therefore called sins. Whence we may learn why St. John places all sin in ἀνομἰα, i.e. a transgression of a law.
SECTION CXVIII
The difference between just and honest actions, and between unjust and dishonest actions.
Finally, since the divine law or will obliges us to love (§79), and love is either love of justice, or love of beneficence (§82), an action agreeing in<81> all circumstances with the love of justice, is a just action, and one ever so little repugnant to it, is an unjust action; but those which proceed from the love of humanity and beneficence, are called honest, and those which are not agreeable to that love, are called dishonest, base, inhumane; and hence it is easy to understand wherein the difference lies between expletive and attributive justice.
REMARKS on This Chapter
Our Author’s positions concerning the interpretation of laws, and the imputation of actions in foro humano, are very clear and just. But it may not be improper to add the following observations concerning the effects of ignorance and error in foro divino, i.e. with respect to the good and bad consequences of actions occasioned by ignorance or error, according to the laws of God in his government of the world.
1. It must be as true in morals as it is confessed to be in mechanics, that deviation from truth will lead into a wrong manner of acting; and all action must be liable to all the consequences of the laws of nature, i.e. to all the consequences connected with it in the regular and wise constitution of things, according to which every cause operates, means are proper and effectual, and different operations have different effects. And in fact we know no mistakes in action through ignorance, rash judgments, or whatever way it happens, which do not produce hurtful consequences; insomuch that there is good reason to conclude, that more of the misery of mankind is owing to wrong methods of action which are the effects of ignorance or error, than to any other cause. It must be true in general, that in a world governed by general laws; or in which connexions are invariably established, every deviation from truth, every mistake about the connexions of things in it, must be in some degree hurtful.
But, 2. Since all the interests of intelligent agents require government by general laws, or fixed connexions which operate invariably, the government of the world will be perfectly good, if the connexions or general laws which constitute it are the best adapted that may be, to promote the greater good of rational agents in the sum of things. Now, that it is so, must be certain, if the being and providence of an infinitely good God can be proved à priori. And there is sufficient reason to conclude that it is so à posteriori, because the more examples we find by enquiring into the government of the world, of such good general laws, the greater is the presumption that the whole is governed by the best general laws. But the further we enquire, the further we search, the more and clearer instances do we find <82> of good, of perfect government. See my Principles of Moral and Christian Philosophy.
3. Our great business therefore is to endeavour to acquire just notions of the connexions of things; or of the good and bad consequences of actions, in order to act agreeably to them. If getting knowledge to direct our conduct were not in our power, directing our conduct could not be in our power: wherefore, if ignorance, want of knowledge, error, false notions or judgments be not imputable to us, wrong actions are not imputable to us. So that ultimately, whether we speak of the imputation of actions in the juridical stile, or in other words, as we have now spoken of it, (both of which must mean the same thing) it is ignorance or error in judgment that is imputed, when action is imputed; it is ignorance or error that brings evil upon us, when wrong action does it; because every action is directed by our present opinion and judgment, and the affection corresponding to it. And for that reason, our chief business, interest and duty, must be to have just or true ideas of the nature and consequences of actions; or of the connexions of things, according to which our actions ought to be regulated, since it is according to them that actions have certain effects or consequences.
4. False judgments, which tend to direct into a wrong course of action, or to introduce a wrong temper into the mind, must, (as hath been said) be hurtful. But, on the one hand, it is as sure as that there is a God, and that the world is governed by good laws, for the greater general good of the whole, that a virtuous reasonable temper, and virtuous reasonable conduct, are, upon the whole of things, the most advantageous course of acting. It is so in fact in the present life considered by itself without any regard to futurity; and it must be so in a special manner in a future state. And, on the other hand, it is as sure as that there is a God, that no opinions, tho’ false, which do not tend to corrupt the temper, or to lead into a wrong course of action, can render us obnoxious to the divine displeasure, can be provoking to him, as such, if the bent of the heart be sincerely towards truth and right; or can as such involve in any hurtful consequences appointed to be punishments of false opinions, not tending to corrupt the temper, nor to lead to vitious behaviour; and not proceeding from want of love to truth and right in any degree, or from want of impartial, honest diligence, as far as that is in our power, to find out truth and avoid error.
How moral conscience, or our sense of right and wrong may be, and only can be impaired, corrupted, or overpowered, is explained at great length in the Enquiry concerning virtue, Characteristicks, T. 2.p. 40, amp;c.3 And to improve it, and preserve it pure and untainted, must be our chief duty and interest. Enquiries therefore into right and wrong conduct are of the utmost importance. They are enquiries into the natures and consequences of things, and are in that sense philosophy. But which is more, they are enquiries into the natures and consequences of <83> things which ought to direct our conduct; and therefore they are moral philosophy, or compose the science of life, the science of right conduct, the science and art of living suitably to our nature and rank, suitably to our dignity; agreeably to the will of our Creator, manifested by the connexions of things established by him; and agreeably to our own best interest. For this must be certain, that it is the established connexions of things which constitute our best interest. And if the established connexions of things be according to the best order, acting according to virtue or the best order, must be in the sum of things our best interest. And why should we doubt that it is really so in a future state, and for ever, since it is really so at present, even while virtue is but in its first state of education, culture and discipline; since the compleat natural effect of highly improved virtue cannot take place till virtue be brought to a great pitch of perfection by gradual culture, because the effect cannot precede the cause. But that virtue is our best interest, as well as acting according to the best order, and easily discoverable to be such, will appear as our author proceeds in his deduction and demonstration of particular duties or virtues. I thought it proper to add this remark, as well on account of those who speak vaguely and loosely about the imputability of ignorance and error, as of those who maintain opinions which result in asserting, That sincere love of truth, and impartial diligence to discover it, is not the best temper, the best part we can act, nay, all the good within our power, with regard to knowledge, speculative or practical. And if this be not the temper and conduct which leads to happiness, according to the constitution of things, what a terrible, what a wretched constitution of things must it be!
