Читать книгу A Treatise of the Laws of Nature - Richard Cumberland - Страница 18
ОглавлениеIn the first Chapter, the State of the Question is propos’d, and all the Laws of Nature are reduc’d to that one, of Benevolence towards all Rationals; and the Sanction of that Law is briefly deduc’d from the Consequences which attend such a Benevolence, at the Appointment of the Author of Nature. The Method is also shewn, by which, Conclusions, concerning the Consequences of universal Benevolence, and its several Branches, (such as a division of Things, and of human Services amongst all Men, Fidelity, Gratitude, Self-preservation, and the Care of our Off-spring,) may be reduc’d to some Analogy or Resemblance with those Propositions in the Mathesis Universalis, which contain the Result of Mathematical Computations. Hence is inferr’d, that the Truth of these Propositions, and their Impression on our Minds by the first Cause of all necessary Effects, do both become known to us by the same way of Reasoning. This is the Subject of the first ten Sections. In the 11th and 12th, it is prov’d, that Hobbes contradicts both the foregoing Conclusions, and himself; advancing atheistical Principles, and denying, that any Divine Laws, properly so call’d, may be learn’d, either from the Nature of Things, or from the Sacred Scriptures, unless a particular Revelation were made to each Person, that the sacred Writers were inspir’d. Thence to the end of § 15. is taken up in proving, That the Truth of our general Proposition is manifestly deduc’d from those Phaenomena of Nature, which are every where known, even to the Vulgar; and that Hobbes himself must acknowledge thus much, if he will be consistent with himself, is prov’d § 16. It is afterwards shewn, that from an accurate Knowledge of those natural Causes, whose Concurrence is necessary to produce certain Effects, or to preserve them when produc’d, we form distinct Ideas of Things Good and Evil, Profitable and Hurtful, and that too, not only to one, but many. It is prov’d, § 20. That those Philosophical Principles which are embrac’d by Mr. Hobbes himself, demonstrate, That all Motions of Bodies are capable of producing such Good or Evil. From the Knowledge of the finite Condition of all Creatures, by a like Reasoning, is deduc’d the Necessity of limiting the Uses of all Things whatsoever, as well as of human Services, to particular Persons for a certain Time; by means whereof, by the by, is deduc’d the Origin of Property and Dominion, to the end of § 23. In § 24. the chief Heads of the Laws of Nature are propos’d, and the Rank which they hold, with respect to one another, hinted at. The Method of deducing them all from the primary one, is pointed out. In § 26. is shewn, that the Observance of these Laws is always rewarded, and their Neglect always punish’d, at the Appointment of the first Cause, according to that Course of Nature, which he at first establish’d in his first forming the World, and by which he still continues to govern it: And that Hobbes himself does sometimes assert this, but sometimes denys it, in order to advance the Right of every Man to every Thing; which is the Foundation of his Politicks, and is confuted in §. 27. and to the end of the Chapter.
In the 2d Chapter is explain’d, what is understood by the Word Man, what by the Word Nature; and, in the 4th Section, are distinctly enumerated those Faculties of the human Mind, which fit Men, more than other Animals, to enter into Society with God, and the whole Body of Mankind. Right Reason is explain’d, from the 5th Section to the end of the 10th. The Usefulness of abstract Ideas, and of universal Propositions, § 11. and of our reflex Acts, in order to this End, is pointed out, § 12. Thence we proceed to the Consideration of the human Body; particularly, that in a Survey thereof there are proper Motives to persuade us to endeavour the common Good of Rationals, and our own in subordination to that; because, (1.) Our Bodies are by Nature Part of the System of the World, which perpetually depends upon the first Mover, and the Motions of all whose Parts have necessarily such a mutual Dependence upon one another, in a subordination of some to others, for the Preservation of the Whole, to § 16. (2.) They are Animals of the same kind with other Men, and therefore have their Appetites, which tend to Self-preservation, equally limited with those of other Men; which Appetites in them are therefore very consistent with a Permission to others of the same Species to preserve themselves, § 17. Moreover, the Likeness of those Images, by which Animals of the same kind are represented, disposes them to Affections, with respect to others of their own Species, like to those, by which they are inclin’d to their own Preservation, § 18. Further, the Love Animals bear to those of the same Species, is a pleasant Affection; the Exercise where of is therefore inseparably united with their Love of themselves, § 19. The same is likewise prov’d from their natural Propension to propagate their Species, and rear their Off-spring, § 20, 21. Hobbes’s Objections against this Argument, from other Animals associating themselves, are answer’d and retorted, § 22. Finally, the same is prov’d from those Circumstances which are peculiar to a human Body; such as are, 1. Some Particulars which assist the Fancy and Memory, and consequently, Prudence. Here is consider’d, that Man has a Brain, in proportion to his Bulk, much greater than other Animals; a greater Quantity, Purity, and Vigour, of Blood and Animal Spirits; and a longer Life. 2. Those Circumstances, which either enable Man better to regulate his Affections, such as the Plexus Nervosus, peculiar to Man; or make his Government of them more necessary to him, as the Pericardium’s being continued with the Diaphragm; and those other Causes, which expose him to greater Hazards than other Animals, in violent Passions, to the end of § 27. The Propension is observ’d to be greater in Man than in other Animals, towards propagating his Species, and rearing his Off-spring, § 28. Lastly, is consider’d the Aptness of the Disposition of the Parts in the whole Man for Society, especially in his Hands and Countenance; and that the Advantages of Society and convenient Subordination, and consequently of Government, may be deduc’d from the natural Union of the Mind with, and Dominion over, the Body.
In the 3d Chapter, §1. Natural Good is defin’d, and divided into Good, proper to one, and Good, common to many. Such Acts and Habits as promote the common natural Good of All, are enforc’d by Laws, and are call’d Morally Good, upon account of their Agreement with those Laws or moral Rules. §. 2. The Opinion of Mr. Hobbes, computing Good in the State of Nature,1 solely from the Sentiments of the Speaker, is laid open and confuted, as well from the Principles of Reason, as from his own Writings. It is shewn, that he does not only contradict others here, but himself also.
In the three first Sections of the fourth Chapter, Practical Rules are defin’d to be Practical Propositions, declaring the Consequences of human Actions; and it is shewn, that such Propositions, when they point out the proper and necessary Cause of the design’d Effect, do, without further Trouble, shew the sufficient and necessary means to obtain that End. The various Forms, to which those Propositions may be reduc’d, are compar’d with one another; among which that is preferr’d, which considers human Actions as Causes, and all things depending on them as certain Effects; and that the other Forms may be all finally reduc’d to this; all which is easily learn’d from Observation. In §4. this whole Matter is illustrated by a Comparison with Mathematical Practice.
In the 5th Chapter, §1. the Law of Nature is thus defin’d: It is a Proposition, whose Knowledge we come at by the Light of Nature, declaring those Actions which promote the publick Good; the Performance of which is naturally attended with Rewards, their Neglect with Punishments. The first Part points out the Precept, which is the principal end or effect of the Law; the latter Part the Sanction, which is the subordinate Effect of the Law. In §. 2. a Reason is assign’d, why the Law of Nature is here defin’d otherwise than by the Civilians. In the 3d §, the Law of Nature, according to our Definition, is shewn to have those Powers, which in the Pandects is ascribed to Laws. §4. Publick natural Good, the Effect of human Actions, is farther explain’d. §5. The Stoicks are reprehended, for denying what we call natural Good, to be at all Good, in order to support their Assertion, that Virtue was the only Good. Hobbes also is shewn to contradict himself; who contends, that Civil Laws are the only Rules, by which we can distinguish between Good and Evil: and the difference between natural Good and Evil is farther explain’d, to the end of § 9. § 10. The Sanction is briefly handled, as far as is necessary to explain the foregoing Definition. § 11. Justinian’s Definition of Obligation is examin’d, and resolv’d into the Will of the Legislator, annexing Rewards and Punishments to his Laws. Therefore in § 12. are traced the Rewards, that are naturally connected with a Pursuit of the publick Good; and, in the first place, those which are contain’d in the Happiness of the human Mind. Here it is prov’d by many Arguments, that the greatest Happiness of our Mind consists in the Exercise and inward Sense of universal Benevolence, to the end of § 17. It is afterwards prov’d, that this End is agreeable to the Will of God, and that he will reward those who co-operate with him, and punish those who oppose him: and Epicurus’s Assertion, that the World is not govern’d by Providence, is confuted from Principles known by the Light of Nature, and often acknowledg’d by the Epicureans themselves, to the end of § 23. It is also prov’d, that Penalties, besides those inflicted by the Society, await those who attempt any thing against the common Good, to the end of § 31. In § 32. these Conclusions are illustrated from opposite Cases. In § 33, 34. from Parallel Cases. In §. 35. it is prov’d, that God and Men are the chief, and in a manner the general, Causes of that Happiness, which each Individual necessarily desires; and that therefore they can never be safely neglected. In § 36. two Objections are propos’d. 1. That the Punishments and Rewards seem uncertain, which we have affirm’d to be the Sanctions of that Law, which enjoins the promoting the common Good. Plain Proofs of these Punishments are produc’d to the end of § 39. In these Sections, the difference of our Method, from that of Mr. Hobbes, is made apparent; and it is prov’d, that no Man can have a right to claim any thing as his Property, unless it be first granted, that the Laws of Nature do, in a State of Nature, oblige to the performance of external Actions conformable to them; and that therefore Hobbes does expressly contradict himself, whilst he contends, that in a State of Nature there are natural Rights binding, with respect to external Actions, and yet denies that the Laws of Nature do in that State oblige to the performance of external Actions. In § 40. it is prov’d, that Rewards or positive Advantages are necessary Consequences of promoting the publick Good; particularly, that Peace amongst Rationals does not necessarily presuppose War, as Mr. Hobbes asserts; and that it is a Continuation only of that Concord which is natural among Rationals, agreeing in the same Means to obtain the same End; but that War is to be defin’d from its Absence, in opposition to Hobbes. In § 41. greater Rewards are enumerated, and the Principles of Epicurus’s Natural Philosophy, by which he endeavours to disprove the Providence of God, are briefly refuted. In § 43. is prov’d, that a Desire of promoting the publick Good is the Foundation of all civil Societies; and that therefore all the Advantages of living under civil Government are to be reckon’d among the natural Rewards of this Desire. Hence is shewn, § 44. that it may be prov’d, that God designs to oblige Men to the performance of such Actions; the whole Argument being reduc’d to a Syllogism. In § 45. the second Objection is answer’d; and it is prov’d, that our Method of deducing the Sanction of the Laws of Nature, from the Connexion of our Happiness with such actions as promote the common Good, does not suppose, that we prefer our selves before all others. The End or adequate Effect of the Law is in all equitable Judgment to be preferr’d to the Sanction, as it respects only particular Persons; this is explain’d to the end of § 49. § 50. Examines Hobbes’s Reason for denying, that the Laws of Nature do oblige, in a State of Nature, to the performance of external Actions, namely, for want of Security. It is prov’d, that in order to make an Obligation valid, a perfect Security from all Fear is not necessary, and that Societies themselves do not afford such a Security: But it is prov’d, that even the State of Nature affords a comparative Security, which is greater than what arises from Hobbes’s State of War. It is shewn, that its being presum’d by Civil Laws, that Men are good, till the contrary appears, overthrows Hobbes’s Doctrine, to the end of § 52. In § 53. it is prov’d, that Hobbes acknowledges, that every Man has a Right to commit Treason, in this, that he affirms it not to be a Transgression of the Law of the State, but of the Law of Nature. § 54. Proves, that by such Doctrine is taken away all Obligation, and consequently all use, of Leagues between different Empires, as being in a State of Nature and of War, with respect to one another. § 55. Hobbes destroys the Security of Ambassadors, and of all Commerce. In § 56. is shewn, that a Commonwealth cannot be fram’d or preserv’d by such Men, as Hobbes contends, that all Men are. In § 57. it is concluded from these Premises, that this is the one Fundamental Law of Nature, That the common Good of Rationals is to be promoted.
In the four first Sections are deriv’d from that general Precept, all those Laws which concern the Happiness, 1. Of different Nations, which have any mutual Intercourse. 2. Of single States. 3. Of any smaller Societies whatsoever, as of Families and Friends. In §5. is shewn, that the same general Law directs human Actions of every kind, as well those of the Understanding and Will, as those of the Body, which are govern’d and determin’d by the Mind. Hence is prov’d, that by this Law is enjoin’d, in the Understanding, Prudence in all kinds of Actions, as well relating to God as Man; whence arise, 1. Constancy of Mind, and its several Branches. 2. True Moderation, which comprehends Integrity and Industry. In the Will, from an Union of Prudence with Benevolence, arise Equity, the Government of all the Affections, and those Virtues which regard the special Laws of Nature. In §9. is explain’d the Difference between Actions necessary to this End, (the common Good,) and Actions indifferent; wherein there is room for Liberty, and for the Interposition of the supreme Powers.
In the three first Sections is handled more at large the Origin of Dominion, as well over Things as Persons; and it is deduc’d from that Law of Nature, which enjoins the making a Division of Rights, and the preserving it when made. In §4. is shewn, that this Law is suppos’d in the very Definition of Justice. Thence is deduc’d (§ 5.) the Difference between Things or Persons sacred, and such as are allotted to common Uses. In §6. the Origin of the divine Dominion is deduc’d from the Judgment of the divine Wisdom, which is analogous to, or resembles, this Law of Nature. It is prov’d, that these Conclusions of human Reason agree with the Judgment which God himself makes. The 7th Section renders a Reason, why it was thought proper to add any thing to the common Doctrine, which derives God’s Right of Dominion over the Creatures, from his having created them. In §8, 9. from the Law of Nature, appointing the introducing and the preserving of Dominion, many things are deduc’d concerning a plenary Division of Dominion, as well over Things as Persons and their Labours, to be made, (either by Consent, Arbitration, or Lot,) or to be preserv’d: Concerning transferring Rights by Covenants; the Rise of their obligatory Force, and that it reaches not to Things unlawful. In § 10. is shewn, that from the same Law is deriv’d the Obligation to Benevolence, Gratitude, a limited Self-Love, and the natural Affection of Parents towards their Children, and to constitute a civil Power, (§ 11.) which may controul that of the Subject: That it is necessary (§ 12.) that the forming and preserving States be enjoin’d by a Law of Nature, obliging to the performance of external Actions, before such States are formed. Whence, in § 13. are deduc’d other Corollaries of the utmost Importance, as well in Things Sacred, as Civil.
In §1. is shewn, that all Obligation to the exercise of moral Virtues flows immediately from hence, that such Actions are enjoin’d by the Law of Nature. From the Law, requiring the Settlement of private Dominion, or Property, in order to the common Good, are inferred (§ 2.) the Duties, 1. Of giving to others. 2. Of reserving to our selves, those things which are necessary or highly serviceable to this end. In §3. is shewn, that the common Good of the whole System of Rationals ought necessarily in both Cases to be regarded; and that the Nature of Mediocrity consists in giving no Part more or less, than a due regard to the whole requires. From the former are deduc’d (§ 4.) Precepts; 1. Concerning Gifts, in which Liberality; and, 2. Concerning Civility or good Manners, in which the Virtues peculiar there to are conspicuous. In §5. Liberality is defin’d, with its subordinate Virtues, Prudence, and Frugality, and the Vices opposite to these. In §6. the Virtues relating to Conversation or good Manners are defin’d in general; and in particular, Gravity, Courteousness, Taciturnity, Veracity and Urbanity, and the contrary Vices. From the latter part of the Law explain’d in the 2d Section, is deduc’d (§ 7.) the Obligation to a limited Self-Love, whose Branches take care of the Mind, and of the Body, which is chiefly provided for by Temperance; which §8. is defin’d, and its Parts enumerated: those belonging to the Preservation of the Individual are here explain’d, as in §9. are those that relate to the Propagation of the Species; and it is prov’d, that the same Law commands us to take care of the Education of our Children. §10. Passes on to the Care of the Means, which are Riches and Honours; whence Occasion is taken to define Modesty, Humility and Magnanimity. In § 11, 12, 13. is explain’d the Method of deducing the practical Rules of right Reason, by which Actions are directed according to all the Virtues. In § 14, 15, 16, 17. is shewn, that the common Good, as being the greatest of all, is a Measure naturally fix’d and divided into Parts, by means whereof the value of all things Good and Evil, and consequently the measure of all Affections conversant about them, may be naturally ascertain’d and determin’d.
Deduces Corollaries from what has been already deliver’d, which regard, 1. The Decalogue. 2. Civil Laws. The Decalogue is taken in to Consideration, because in that God himself has collected the Fundamentals of the Jewish Polity. But in the Fundamentals of every Polity it is necessary, that all those Laws should be comprehended, which naturally oblige all. Tho I deny not, that in those Fundamentals of the Jewish Polity something is contain’d peculiar to that Nation. But we have purposely omitted that in our Deduction, which is included in the four first Sections. From our Principles we do deduce more particularly (§ 5.) that it is necessary for the publick Good, that Societies with Power Imperial, or Civil Government, be establish’d and preserv’d. The first appearance of Civil Government is to be seen in a Family. The Power of the Husband over the Wife, of the Fathers over their Children; and the just Bounds of Imperial Power, are drawn from the Relation which they bear to this, as to the End intended. In §7. it is prov’d, that supreme Powers cannot lawfully be punish’d by their Subjects. And (§ 8.) that a very extensive Power is given to Sovereigns, according to these Principles; but that Hobbes’s Principles overthrow the Foundations of all Government. 1st, (§ 9.) Because they represent the Nature of Princes as more fierce and cruel than that of wild Beasts. 2dly, Because he denies to all, and consequently to Princes, that right Reason, by which they might determine, according to the nature of Things, or of Causes and Effects, what sort of Actions are good or bad to any others besides themselves: And Hobbes’s Argument is likewise refuted, by which he endeavours to prove, that we ought therefore to obey the Reason of the Commonwealth, be cause there is no such thing as Reason which is right, or which can judge according to a Rule establish’d and enforc’d by the Nature of things. It is shewn, (§ 10.) that Hobbes’s Doctrine of the Right of every Man to every thing, would not suffer any Man to enter into Civil Society; and that his Notions excite Subjects to Rebellion: That his Doctrine, concerning Compacts and Oaths, (§ 11.) is dangerous to the supreme Powers. It is shewn, (§ 12.) that by transferring of Rights to the same Person, (by which alone Hobbes teaches, that a Commonwealth can be form’d,) no one is bound to yield Obedience to a Prince. (§13.) That Hobbes takes away from Princes, all those things, which, for Flattery’s sake, he would seem to bestow upon them more than other Philosophers have done. He even accuses them of the worst of Crimes, whilst he contends, that they are bound by no Laws. He deprives Princes of all Commendation for Wisdom and Justice; and they themselves, in most States, openly and constantly reject what Hobbes ascribes to them; the very same things being elsewhere denied them by Hobbes himself, as is prov’d by undeniable Instances: as also a Confutation of his Opinion, that Compacts do not bind Supreme Powers to their Subjects, nor to other States. It is lastly shewn, that Hobbes’s Doctrine concerning Treason, encourages Subjects to commit that Crime.
