A Methodical System of Universal Law. Johann Gottlieb Heineccius

hath renounced, nor never can renounce his authority to rule and command us:^† That superior Being whose authority we are obliged to acknowledge, can be no other than the most great and good God; and he therefore is the sole author of that law, which ought, as we have said, to be the rule of action to all mankind. <7>

      SECTION XI

      This law is made known to mankind in no other way but by reason.

      Because we are enquiring, as appears from what hath been said, for no other rule of right but what <8> God hath given to the whole human race for the rule of their conduct, (§10) hence it follows that this rule must be intelligible to all mankind. But since what is intelligible to, or may be known by all mankind, must be discovered to them either by a divine revelation, which all men acknowledge and receive as such, or must be discoverable by the use of natural reason; because such a revelation as hath been mentioned never existed: it is obvious that the law of nature must mean laws within the discovery of all mankind by the use of reason common to all mankind, and which therefore are by nature promulgated to all mankind.^*

      SECTION XII

      A definition of the law of nature and of jurisprudence, natural or divine.

      The law of nature, or the natural rule of rectitude, is a system of laws promulgated by the eternal God to the whole human race by reason. But if you would rather consider it as a science, na-<9>tural morality will be rightly defined the practical habit of discovering the will of the supreme legislator by reason, and of applying it as a rule to every particular case that occurs. Now, because it consists in deducing and applying a rule coming from God, it may be justly called divine jurisprudence.

      SECTION XIII

      The law of nature may be divided into preceptive and permissive.

      Since the law of nature is a system of laws (§12) whatever properly belongs to laws may be ascribed to the law of nature, as to prohibit, permit, punish.^* It may be divided as a body of laws is by the Roman lawyers into the permissive part, which obliges all men not to disturb any person in the use and exercise of his right and liberty; and the preceptive, which obliges all men to do good actions, and to abstain from bad ones; and it is also evident, that with respect to the preceptive part, there is no liberty left to mankind; whereas, with regard to the permissive, any one may renounce his right to what is permitted to him.^* <10>

      SECTION XIV

      Whether would there be a law of nature if there were no God?

      Now seeing the law of nature comes from God (§12) as the supreme legislator, it follows by consequence, that tho’ a person may do a good action, without any regard to the law of nature as such, being excited to it by the internal goodness or obligation of the action, and by his good disposition; tho’ even an atheist, who hath no sense of religion, may do a good action thro’ the influence and guidance of his reason, because he knows it to be good in itself, and advantageous to him; yet such a person cannot on that account be said to act justly, i.e. conformably to the law of nature considered as such; much less then can it be said, that there would still be a law of nature,^* tho’ it should be granted, which cannot be done without impiety, that there were no God, or that God did not take any care of human affairs. See Grotius proleg. jur. belli & pacis, §xi.

      SECTION XV

      Why it is said to be inscribed on our hearts.

      Since the rule of rectitude we are now speaking of signifies laws promulgated by right reason, <11> (§12) and reason is nothing else but the faculty of reasoning, or of inferring one truth from others by necessary consequence,^* it is therefore plain why the apostle affirms that the knowledge of this rule is engraved on our hearts, Rom. ii. 15. For he attributes to man the power or faculty of reasoning concerning just and unjust; which power, since it does not necessarily include in it actual exercise, why some should ascribe even to infants a certain innate sense of just and unjust, is not difficult to be comprehended.

      SECTION XVI

      Whether the knowledge of it is derived from the sacred writings or tradition?

      Hence it follows that the law of nature is not derived from the sacred writings, nor from any divine positive laws, such as the seven precepts given to Noah, of which the Jews boast so much;^† tho’ at the same time we readily grant, that the author of reason and revelation being the same, not only many things which reason dictates are to be found in the sacred writings, but there is every where a perfect harmony between them; nor can there indeed be any thing forbidden or commanded in the sacred oracles which is repugnant to the rule of right discoverable by reason. <12>

      SECTION XVII

      The law of nature is immutable.

      Further, from the same principle it is evident that the law of nature is no less immutable than right reason it self, which cannot but remain unchangeably the same: and therefore God, who cannot do any thing contrary to his will, cannot give any indulgence repugnant to that eternal law in any respect; and much less can any among mortals arrogate to himself any power over that law.^*

      SECTION XVIII

      The difference between the law of nature and civil law.

      Nor will it now be difficult to find out the difference between the law of nature and civil law. For the former is discovered by right reason, the latter is promulgated and made known either viva voce or by writing. The former extends as far as right reason: the other is the law of a particular state: The former hath for its object all actions internal as well as external, which are by nature good or evil: The other respects indifferent and ex-<13>ternal actions, so far only as the good of any people or state requires their regulation and adjustment.^†

      SECTION XIX

      The knowledge of it is of great utility with respect to civil law.

      But notwithstanding this difference, it is beyond all doubt, that the knowledge of the law of nature must be of the greatest use to all who apply themselves to the study of the civil law; because many of its precepts are adopted by civil law, and by it are fortified with additional penalties;^* several conclusions are drawn from the law of nature by civil law; and natural equity must never be severed from civil law, lest according to the ancient saying, Strict law become severe injustice. Summum jus summa injuria. <14>

      SECTION XX

      The brutes are not governed by the law of nature.

      Moreover from the same principle it is visible, that no other creatures besides men are subject to this law; since God hath dignified man alone with the prerogative of reason; and therefore that definition of Ulpian is false. Natural law is a law which nature hath taught all animals. L. 1. §3. Dig. de just. & jure.^*

      SECTION XXI

      What is called the law of nations?

      Further, since the law of nature comprehends all the laws promulgated to mankind by right reason; and men may be considered either as particulars singly, or as they are united in certain political bodies or societies; we call that law, by which the actions of particulars ought to be governed, the law of nature, and we call that the law of nations, which determines what is just and unjust in society or between societies. And therefore the precepts, the laws of both are the same; nay, the law of nations is the law of nature it self, respecting or applied to social life and the affairs of societies and independent states.^† <15>

      SECTION XXII

      Whether it be different from the law of nature?

      Hence we may infer, that the law of nature doth not differ from the law of nations, neither in respect of its foundation and first principles, nor of its rules, but solely with regard to its object. Wherefore their opinion is groundless, who speak of, I know not what, law of nations distinct from the law of nature. The positive or secondary