A Methodical System of Universal Law. Johann Gottlieb Heineccius. Читать онлайн. Newlib. NEWLIB.NET

Автор: Johann Gottlieb Heineccius
Издательство: Ingram
Серия: Natural Law and Enlightenment Classics
Жанр произведения: Философия
Год издания: 0
isbn: 9781614871910
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to avoid, as much as lies in our power, whatever tends to maim, hurt, or destroy our bodies, or any of its members, in any degree.

      SECTION CLI

      How far one is obliged to seek riches.

      But all this is enjoined in vain, if one be so distressed by poverty, that he has it not in his power either to live in a wholesome manner, nor to regu-<106>late his labour as his health requires; and therefore it is obvious, that a person must have a right to seek after the things that are necessary to subsistence and decent living. When the provision of these things is abundant, it is called wealth or riches; and every one is obliged to acquire as large a share of them as he can by just means, and to preserve and use prudently what he hath justly acquired.

      SECTION CLII

      And therefore to industry.

      But because the end cannot be acquired without the means, and there is no other mean of acquiring what is necessary to supply our necessities but labour and industry, it is manifest that every one is bound to go through with the labours of the business <107> in life he hath chosen with a cheerful mind, and to give all diligence to get a comfortable subsistence; and therefore he acts contrary to duty who lives in idleness, and thus brings poverty and misery upon himself; for such distress is ignominious; whereas poverty is not criminal or shameful, when one, who does all in his power, is overwhelmed by some private or public calamity; or when one, without his own fault, can find no occasion of doing for himself.*

      SECTION CLIII

      And likewise to preserve and increase our good name.

      Since a person ought not to neglect any of those things which are necessary to increase or preserve his happiness (§140); and none can doubt but a good name, which consists in the favourable opinion of others with regard to our virtue and accomplishments, is necessary to preserve and increase our happiness. [For one, of whose virtue and accomplishments all think well, all think worthy of happiness, and all are therefore sollicitous to promote his happiness.] For these reasons, every one is obliged to take care of his reputation, as a mean of his happiness; and therefore to act in every affair, private or public, as reason directs, and not only to preserve his good name by worthy actions, but, as much as lies in his power, to increase it.* <108>

      SECTION CLIV

      And to refute aspersions.

      But if it be one’s duty to take care to preserve his good name unblemished (§153); since calumnies, i.e. false reports, may blacken it; the consequence is, that we ought to omit nothing that is necessary to wipe off aspersions cast injuriously upon us, unless they be so groundless and malicious, or the author of them so contemptible, that it is better to overlook them with generous contempt.* <109>

      SECTION CLV

      Whether in case of necessity our duties to ourselves ought to be prefered before those to God.

      Tho’ so far the love of ourselves be most just and lawful; yet, no doubt, it becomes vitious, so soon as it exceeds its due bounds, and gets the ascendant over our love to GOD, the most perfect of Beings (§92); and hence we concluded above, (§140), that all our duties to ourselves keep their due rank and place, if they are performed in proper subordination to the love of God, or do not encroach upon it; whence it is manifest, that the common maxim, “That necessity has no law,” is not universally true.

      SECTION CLVI

      Upon what it is founded.

      But seeing this rule is not always true; and yet in some cases it ought to be admitted (§155); different cases must be distinguished: now, because in <110> an action imposed upon us by sovereign necessity, no other circumstance can vary the case, but either necessity itself, the nature of the law, or the nature of the duty to be omitted, these circumstances ought therefore to be a little more accurately and distinctly considered, in order to be able to determine how far necessity has the power of a law, and when it has not.

      SECTION CLVII

      Necessity what it is, and of what kinds.

      By necessity we understand such a situation of a person, in which he cannot obey a law without incurring danger. This danger, as often as it extends to life itself, is extreme; and when it does not, it ought to be measured by the greatness of the impendent evil. Again, necessity is absolute, when it cannot be avoided by any means but by violating a law; and it is relative, when another might avoid it, but not the person now in the circumstances.*

      SECTION CLVIII

      Where necessity merits favour.

      Now every one may easily perceive, that not only extreme necessity, but even necessity in which life is not in danger, comes here into the account. For because some calamities are bitterer than death, who can doubt but such may strike terror into the most <111> intrepid breast; such as being deprived of one’s eyes, and other such like distresses. Besides, since of two physical evils the least is to be chosen, the consequence must be, that not only absolute necessity deserves favour, but even relative necessity, if one had no hand in bringing himself into the strait.*

      SECTION CLIX

      Affirmative laws, divine and human, admit the exception of necessity.

      Law being either divine or human, and both being either affirmative or negative (§64); because even a sovereign cannot oblige one to suffer death without a fault, the consequence is, that all human laws ought regularly to be understood, with the exception of necessity. And the same is true of divine affirmative laws, because the omission of an action cannot be imputed to one, if the occasion for performing it was wanting (§114), unless the omission be of such a nature and kind, that it tends directly to reflect dishonour on God; in <112> which case, the negative law, forbidding all such actions likewise concurs (§131). And to this case belongs the action of Daniel, Dan. vi. 10.*

      SECTION CLX

      But not divine negative laws relative to our duties to God or ourselves.

      Divine negative laws bind us either to duties towards God, towards our selves, or towards other men (§90 & 124). Those which respect our duties towards God are of such a nature, that they cannot be intermitted without dishonouring God. But we are strictly bound to avoid whatever tends to dishonour God; the consequence of which is, that no necessity can excuse the violation of the negative laws relating to our duties towards God. On the other hand, in a collision of two duties respecting ourselves, the safest course is to choose the least of two physical evils. <113>

      SECTION CLXI

      Divine affirmative laws respecting our duties to others admit of favour in the case of necessity.

      As to our duties towards other men, affirmative laws, ’tis certain, admit of favour in the case of necessity; partly because an omission cannot be imputed when the occasion of performing a duty was wanting (§114); partly because the law of benevolence does not oblige us to delight in the happiness of others more than our own, or to love others better than ourselves (§94); and so far the maxim holds just, “Every one is nearest to himself.”*

      SECTION CLXII

      What is the case with regard to negative laws.

      Moreover negative laws, relative to our social duties, in the case of providential necessity, interfere either with the duty of self-preservation, or with the duty of defending and increasing our perfection and happiness. Now in the former situation, since we are not obliged to love others more than ourselves, (§94), without doubt, in the case of necessity, every way of preserving ourselves is allowable, when a man hath not fallen under that necessity by his own neglect or default; or if the condition of the persons be equal; for equality leaves no room to <114> favour or privilege. In the latter case, it is better for us to want some perfection, or some particular kind or degree of happiness, than that another should