It is easy to perceive that it is in these successive changes in the constitution of man that we must look for the origin of those differences which now distinguish men, who, it is allowed, are as equal among themselves as were the animals of every kind, before physical causes had introduced those varieties which are now observable among some of them.
Such was doubtless the first source of the inequality of mankind, which it is much easier to point out thus in general terms, than to assign with precision to its actual causes
It is, in fact, not to be conceived that these primary changes, however they may have arisen, could have altered, all at once and in the same manner, every individual of the species. It is natural to think that, while the condition of some of them grew better or worse, and they were acquiring various good or bad qualities not inherent in their nature, there were others who continued a longer time in their original condition.
Let not my readers therefore imagine that I flatter myself with having seen what it appears to me so difficult to discover. I have here entered upon certain arguments, and risked some conjectures, less in the hope of solving the difficulty, than with a view to throwing some light upon it, and reducing the question to its proper form. For it is by no means a light undertaking to distinguish properly between what is original and what is artificial in the actual nature of man, or to form a true idea of a state which no longer exists, perhaps never did exist, and probably never will exist; and of which, it is, nevertheless, necessary to have true ideas, in order to form a proper judgment of our present state. It requires, indeed, more philosophy than can be imagined to enable any one to determine exactly what precautions he ought to take, in order to make solid observations on this subject; and it appears to me that a good solution of the following problem would be not unworthy of the Aristotles and Plinys of the present age. What experiments would have to be made, to discover the natural man? And how are those experiments to be made in a state of society?
So far am I from undertaking to solve this problem, that I think I have sufficiently, considered the subject, to venture to declare beforehand that our greatest philosophers would not be too good to direct such experiments, and our most powerful sovereigns to make them. Such a combination we have very little reason to expect, especially attended with the perseverance, or rather succession of intelligence and good-will necessary on both sides to success.
We cannot see without surprise and disgust how little agreement there is between the different authors who have treated this great subject
These investigations, which are so difficult to make, and have been hitherto so little thought of, are, nevertheless, the only means that remain of obviating a multitude of difficulties which deprive us of the knowledge of the real foundations of human society. It is this ignorance of the nature of man, which casts so much uncertainty and obscurity on the true definition of natural right: for, the idea of right, says Burlamaqui, and more particularly that of natural right, are ideas manifestly relative to the nature of man. It is then from this very nature itself, he goes on, from the constitution and state of man, that we must deduce the first principles of this science.
Among the more important writers there are scarcely two of the same mind about it. Not to speak of the ancient philosophers, who seem https://maxloan.org/payday-loans-ny/ to have done their best purposely to contradict one another on the most fundamental principles, the Roman jurists subjected man and the other animals indiscriminately to the same natural law, because they considered, under that name, rather the law which nature imposes on herself than that which she prescribes to others; or rather because of the particular acceptation of the term law among those jurists; who seem on this occasion to have understood nothing more by it than the general relations established by nature between all animated beings, for their common preservation. The moderns, understanding, by the term law, merely a rule prescribed to a moral being, that is to say intelligent, free and considered in his relations to other beings, consequently confine the jurisdiction of natural law to man, an the only animal endowed with reason. But, defining this law, each after his own fashion, they have established it on such metaphysical principles, that there are very few persons among us capable of comprehending them, much less of discovering them for themselves. So that the definitions of these learned men, all differing in everything else, agree only in this, that it is impossible to comprehend the law of nature, and consequently to obey it, without being a very subtle casuist and a profound metaphysician. All which is as much as to say that mankind must have employed, in the establishment of society, a capacity which is acquired only with great difficulty, and by very few persons, even in a state of society.