The Natural Right of Men considered relatively to one another

Men may be considered either in a state of solitude, or as congregated into societies.

If one views men as dispersed in such a manner as that they ant have no communication with one another, he perceives that they are completely in a state of pure nature, and of entire independence, without any relation either of justice or injustice as respects one another.

But this state could subsist only during the life of each individual, unless we suppose, that these men live at least each with a wife in his seclusion, which would entirely change the hypothesis of their state of solitude ;•for this association of a wife, and of children who would follow, would admit of an order of dependence, of justice, of duty, of safety, and of reciprocal assistance.

Every man is impelled to preserve himself under the penalty of suffering; ‘and he alone suffers, who is wanting in that duty to himself, which obliges him to provide for himself before all others. But all those with whom he is associated, are charged with the same duty under the same penalty.

It is in the natural order, that the strongest should be the chief of the family; but it is not in the order of justice, that he should usurp the natural rights of those who live in a community of interests with him.

There is, then, a compensation in the enjoyment Of the natural right of each, which must be advantageous to every individual of the family, and which ought to lie regulated by the chief, according to the order of distributive justice; conformably to the duties prescribed by nature, and to the co-operation by which each contributes to the advantage Of society according to his capacity.

Different individuals contribute differently, but the “employment of one is a discharge of so much labour to another, and by this distribution of occupations, every one can perform his men work more completely: by this reciprocal assistance, every one contributes to the advantage of society nearly equally.

Therefore; every one ought to enjoy the full extent of his natural right, conformably to the advantages which result from the concurrence of the labour of the whole society: and those who ore not in &state to contribute tiny thing, ought to be allowed to participate, by reason of the (eighty which the particular society has to provide for them. These rules, which: ate obvious, direct the chief of the family to unite in the society the natural order, and the order founded in justice.

He is still more induced to this, by sentiments of pleasure, of tenderness, of pity, etc. which -are so many indications of the intention of the author a nature to Secure the observance of rules, which he prescribes to men, to bind them by the obligations of duty mutually to assist one another.

If, we consider men as congregated into multitudes, where mutual communication is unavoidable, and where, as yet, there should be no positive laws, which had united them into society under the authority of a sovereign power, and which had subjected them to a form of government, we must look upon them as hordes of barbarians, who would subsist on the natural productions of the soil; or would expose themselves from necessity to the dangers of a predatory life, if there were nations possessing wealth on which they could make incursions : for in this state, they could not procure’ wealth for themselves either by agriculture, or by pasturing flocks: because there would be no tutelary power to guard the security of property.

But at least, there would be established among them, of necessity, conventions tacit or express for their personal safety: for men have, in this state of independence, a fear of each other, which mutually disquiets them: from which they may easily relieve themselves, since nothing can be of mere importance to each, than to be reciprocally delivered from this fear.

Those of the same canton see each other more frequently they become accustomed to the sight of each other confidence is established between them-they aid one another they become allied by marriages, and form, in a manner, particular nations, where all are leagued together for the common defence, and where, moreover, each remains in a state of entire liberty or independence toward the other, with the condition of personal safety, and the exclusive property in the habitation, and in the little utensils which each has, for his particular convenience, established among them.

If their riches c property be more considerable, and more dispersed, or more exposed to plunder, the constitution of such nations would not be sufficient to secure their property. They must then have positive written laws, for a. ‘convention and a sovereign authority to enforce themes for their riches, easily taken from them when abandoned to the fidelity of the public, would excite among their less virtuous countrymen desires, which would induce them to violate the property of others.

Thus the formation of societies depends on the larger or smaller portion of wealth which each possesses or may possess, and of which he wishes to secure to him- self -the preservation and the property. And thus, men who plate themselves under the protection of positive laws, and of a tutelary authority, extend very much their power of becoming proprietors, and by consequence, extend very much the use of their natural right, instead of restraining it.