The Principles of Natural and Politic Law. Jean-Jacques Burlamaqui

authors. But if violence, used by an external force, which we are incapable to resist, hinders us from acting, or makes us act without the consent of our will; as when a person stronger than ourselves lays hold of our arm to strike or wound another person, the action resulting from thence being involuntary, is not, properly speaking, our deed or action, but that of the agent from whom we suffer this violence.<28>

      The same cannot be said of actions that are forced and constrained, only as we are determined to commit them, through fear of a great and imminent evil with which we are menaced: As for instance, were an unjust and cruel prince to oblige a judge to condemn an innocent person, by menacing to put him to death if he did not obey his orders. Actions of this sort, though forced in some sense, because we commit them with reluctancy, and would never consent to them were it not for a very pressing necessity; such actions, I say, are ranked nevertheless among the number of voluntary actions, because, after all, they are produced by a deliberation of the will, which chuses between two inevitable evils, and determines to prefer the least to the greatest. This will become more intelligible by a few examples.

      A person gives alms to a poor man, who exposes his wants and misery to him; this action is at the same time both voluntary and free. But suppose a man that travels alone and unarmed, falls into the hands of robbers, and that these miscreants menace him with instant death, unless he gives them all he has; the surrender which this traveller makes of his money in order to save his life, is indeed a voluntary action, but constrained at the same time, and void of liberty. For which reason there are some that distinguish these actions by the name of mixt,^* as partaking of the voluntary and involuntary. They are voluntary, by reason the principle that produces them is in the agent itself, and the will determines to commit them as the least of two evils: but they <29> partake of the involuntary, because the will executes them contrary to its inclination, which it would never do, could it find any other expedient to clear itself of the dilemma.

      Another necessary elucidation is, that we are to suppose that the evil with which we are menaced is considerable enough to make a reasonable impression upon a prudent or wise man, so far as to intimidate him; and besides that, the person who compels us has no right to restrain our liberty; insomuch that we do not lie under an obligation of bearing with any hardship or inconveniency, rather than displease him. Under these circumstances, reason would have us determine to suffer the lesser evil, supposing at least that they are both inevitable. This kind of constraint lays us under what is called a moral necessity; whereas, when we are absolutely compelled to act, without being able, in any shape whatsoever, to avoid it, this is termed a physical necessity.

      It is therefore a necessary point of philosophical exactness to distinguish between voluntary and free. In fact, it is easy to comprehend, by what has been now said, that all free actions are indeed voluntary, but all voluntary actions are not free. Nevertheless, the common and vulgar way of speaking frequently confounds those two terms, of which we ought to take particular notice, in order to avoid all ambiguity.

      We give likewise the name of manners sometimes to free actions, inasmuch as the mind considers them as susceptible of rule. Hence we call morality the art which teaches the rules of conduct, and the method of conforming our actions to those rules.<30>

      Our faculties help one another reciprocally.

      XIII. We shall finish what relates to the faculties of the soul by some remarks, which will help us to understand better their nature and use.

      1. Our faculties assist one another in their operations, and when⁹ they are all united in the same subject, they act always jointly. We have already observed that the will supposes the understanding, and that the light of reason serves for a guide to liberty. Thus the understanding, the will, and liberty; the senses, the imagination, and memory; the instincts, inclinations, and passions; are like so many different springs, which concur all to produce a particular effect; and it is by this united concurrence we attain at length to the knowledge of truth, and the possession of solid good, on which our perfection and happiness depends.

      Of reason and virtue.

      XIV. 2. But in order to procure to ourselves those advantages, it is not only necessary that our faculties be well constituted in themselves, but moreover we ought to make a good use of them, and maintain the natural subordination there is between them, and the different motions which lead us towards, or divert us from, certain objects. It is not therefore sufficient to know the common and natural state of our faculties, we should likewise be acquainted with their state of perfection, and know in what their real use consists. Now truth being, as we have seen, the proper object of the understanding, the perfection of this faculty is to have a distinct knowledge of truth; at least of those important truths, which concern our duty and happi-<31>ness. For such a purpose, this faculty should be formed to a close attention, a just discernment, and solid reasoning. The understanding thus perfected, and considered as having actually the principles which enable us to know and to distinguish the true and the useful, is what is properly called reason; and hence it is that we are apt to speak of reason as of a light of the mind, and as of a rule by which we ought always to be directed in our judgments and actions.

      If we consider in like manner the will in its state of perfection, we shall find it consists in the force and habit of determining always right, that is, not to desire any thing but what reason dictates, and not to make use of our liberty but in order to chuse the best. This sage direction of the will is properly called Virtue, and sometimes goes by the name of Reason. And as the perfection of the soul depends on the mutual succours which the faculties, considered in their most perfect state, lend to one another; we understand likewise sometimes by reason, taken in a more vague, and more extensive sense, the soul itself, considered with all its faculties, and as making actually a good use of them. Thus the term reason carries with it always an idea of perfection, which is sometimes applied to the soul in general, and at other times to some of the faculties in particular.

      Causes of the diversity we observe in the conduct of men.

      XV. 3. The faculties, of which we are treating, are common to all mankind; but they are not found always in the same degree, neither are they determined after the same manner. Besides, they have their periods in every man; that is, their in-<32>crease, perfection, infeebling, and decay, in the same manner almost as the organs of the body. They vary likewise exceedingly in different men: one has a brighter understanding; another a quicker sensation; this man has a strong imagination; while another is swayed by violent passions. And all this is combined and diversified an infinite number of ways, according to the difference of temperaments, education, examples, and occasions that furnish an opportunity for exercising certain faculties or inclinations rather than others: for it is the exercise that strengthens them more or less. Such is the source of that prodigious variety of geniuses, tastes, and habits, which constitutes what we call the characters and manners of men; a variety which, considered in general, very far from being unserviceable, is of great use in the views of providence.

      Reason has it always in her power to remain mistress.

      XVI. But whatever strength may be attributed to the inclinations, passions, and habits, still it is necessary to observe, that they have never enough to impel man invincibly to act contrary to reason. Reason has it always in her power to preserve her superiority and rights. She is able, with care and application, to correct vicious dispositions, to prevent and even to extirpate bad habits; to bridle the most unruly passions by sage precautions, to weaken them by degrees, and finally to destroy them intirely, or to reduce them within their proper bounds. This is sufficiently proved by the inward feeling, that every man has of the liberty with which he determines to follow this sort of impressions; proved by the secret reproaches we make to ourselves, when <33> we have been too much swayed by them; proved, in fine, by an infinite variety of examples. True it is, that there is some difficulty in surmounting these obstacles; but this is richly compensated by the glory attending so noble a victory, and by the solid advantages from thence arising.

       CHAPTER III

       That man thus constituted, is a creature capable of moral direction, and accountable