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This definition surprises me: it is not the power to distribute them, but the will to distribute them reasonably, that is, goodness guided by wisdom, which makes the justice of God. But, says he, justice is not in God as in a man, who is only just through the observance of laws made by his superior. Mr. Hobbes is mistaken also in that, as well as Herr Pufendorf, who followed him.
Pierre, Montesquieu, d'Argenson, Voltaire, Rousseau, Diderot and the encyclopaedists are French; Althusius, Pufendorf, Kant, Fichte are German. Italy took no part in the rise and development of the doctrines of natural law.
In the heyday of "natural law" Vico is decidedly opposed to ius naturale and in his attacks against its advocates, Grotius, Seldenus and Pufendorf, he systematically assails the abstract, rationalistic, and utilitarian principles of the XVIII century.
Without all doubt, charity to the poor is a direct and obligatory duty upon all Christians, next in order after the payment of debts, full as strong, and by Nature made infinitely more delightful to us Pufendorf, and other casuists, do not, I think, denominate it quite properly, when they call it a duty of imperfect obligation.
Can you think that gratitude, the most endearing disposition of the human heart, is to be argued away by your dry sophistry? Do you suppose the people of the United States prudently thumb over Vattel and Pufendorf to ascertain the sum and substance of their obligations to their generous brethren, the French? No! no! Each individual will lay his hand on his heart and find the amount there.
Cf. further, Sigm. The modern theory of natural law, of which Grotius was the most influential representative, began with Bodin and Althusius. Bodin is the founder of the theory of absolutism, to which Grotius and the school of Pufendorf adhere, though in a more moderate form, and which Hobbes develops to the last extreme.
Ambrose, Grotius, Opalenius, Sharrok, Rachelius, Pufendorf, as well as the Casuists, teach that there are cases where one is not obliged to return to its owner a thing deposited: for example, one will not give back a dagger when one knows that he who has deposited it is about to stab someone.
Pufendorf believed that they would approach each other as friends; Hobbes, on the contrary, as enemies; Rousseau, that they would pass each other by In silence. All three are both right and wrong. This is just a case in which the incalculable difference that there is in innate moral disposition between one individual and another would make its appearance.
Salmasius, having assimilated interest to rent, was REFUTED by Grotius, Pufendorf, Burlamaqui, Wolf, and Heineccius; and, what is more curious still, Salmasius ADMITTED HIS ERROR. Instead of inferring from this doctrine of Salmasius that all increase is illegitimate, and proceeding straight on to the demonstration of Gospel equality, they arrived at just the opposite conclusion; namely, that since everybody acknowledges that rent is permissible, if we allow that interest does not differ from rent, there is nothing left which can be called usury, and, consequently, that the commandment of Jesus Christ is an ILLUSION, and amounts to NOTHING, which is an impious conclusion.
Nor was his immediate influence confined to England. French Huguenots and the Dutch drew naturally upon so happy a defender; and Barbeyrac, in the translation of Pufendorf which he published in 1706, cites no writer so often as Locke.
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