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31 There are some actions again which we call arbitrary, because their issue depends on an 'arbitrium' or order of the judge. Here, unless on such order the defendant satisfies the plaintiff's claim by restoring or producing the property, or by performing his obligation, or in a noxal action by surrendering the guilty slave, he ought to be condemned. Some of such actions are real, others personal.
There is a sort of arbitrium between life and death, in actual conflict in the poor girl's mind, that renders her an interesting study to a philosopher. Mr. Thornton, I'm at your service, now; we can just look at the arm in the next room, while we speculate as much as we please on the operations and sinuosities of the human mind."
The human will is certainly an arbitrium sensitivum, not brutum, but liberum; because sensuousness does not necessitate its action, a faculty existing in man of self-determination, independently of all sensuous coercion.
XI. De minoribus rebus principes consultant; de majoribus omnes: ita tamen, ut ea quoque, quorum penes plebem arbitrium est, apud principes pertractentur. Coeunt, nisi quid fortuitum et subitum inciderit, certis diebus, cum aut inchoatur luna aut impletur: nam agendis rebus hoc auspicatissimum initium credunt. Nec dierum numerum, ut nos, sed noctium computant.
If the first end of a writer be to be understood, then as his language grows obsolete, his thoughts must grow obscure: multa renascentur quae nunc cecidere; cadentque, quae nunc sunt in honore vocabula, si volet usus, quem penes arbitrium est et jus et norma loquendi.
Liberum arbitrium indifferentiae under the name of moral freedom is a charming doll for professors of philosophy to dandle; and we must leave it to those intelligent, honourable and upright gentlemen.
But the difficulty of inducing a brave and warlike race to submit their individual arbitrium to any common umpire, has always been felt to be so great, that nothing short of supernatural power has been deemed adequate to overcome it; and such tribes have always assigned to the first institution of civil society a divine origin.
The idea of a moral world has, therefore, objective reality, not as referring to an object of intelligible intuition for of such an object we can form no conception whatever but to the world of sense conceived, however, as an object of pure reason in its practical use and to a corpus mysticum of rational beings in it, in so far as the liberum arbitrium of the individual is placed, under and by virtue of moral laws, in complete systematic unity both with itself and with the freedom of all others.
And if He exists not, neither do we exist. That terrible secret, that hidden will of God which, translated into the language of theology, is known as predestination, that idea which dictated to Luther his servum arbitrium, and which gives to Calvinism its tragic sense, that doubt of our own salvation, is in its essence nothing but uncertainty, and this uncertainty, allied with despair, forms the basis of faith.
If the first end of a writer be to be understood, then as his language grows obsolete, his thoughts must grow obscure: Multa renascentur quæ nunc cecidere; cadentque, Quæ nunc sunt in honore vocabula, si volet usus, Quem penes arbitrium est et jus et norma loquendi.
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