B. _SPINOZA._

32. Spinoza is aware of this. In the _Tractatus Politici_, IT. 4,

he says, 'Per _jus_ itaque _naturae_ intelligo ... ipsam naturae

potentiam.' [1] ... 'Quicquid unusquisque homo ex legibus suae

naturae agit, id summo naturae jure agit, tantumque in naturam

habet juris, quantum potentia valet.' If only, seeing that the

'jus naturae' was mere 'potentia,' he had denied that it was 'jus'

at all, he would have been on the right track. Instead of that,

however, he treats it as properly 'jus,' and consistently with this

regards all 'jus' as mere 'potentia': nor is any 'jus humanum'

according to him guided by or the product of reason. It arises, in

modern phrase, out of the 'struggle for existence.' As Spinoza says,

'homines magis caeca cupiditate quam ratione ducuntur; ac proinde

hominum naturalis potentia sive jus non ratione, sed quocumque

appetitu quo ad agendum determinantur, quoque se conservare conantur,

definiri debet' (II. 5). The 'jus civile' is simply the result of

the conflict of natural powers, which = natural rights, which arises

from the effort of every man to gratify his passions and 'suum esse

conservare.' Man is simply a 'pars naturae,' the most crafty of the

animals. 'Quatenus homines ira, invidia aut aliquo odii affectu

conflictantur, eatenus diverse trahuntur et invicem contrarii sunt,

et propterea eo plus timendi, quo plus possunt, magisque callidi

et astuti sunt, quam reliqua animalia; et quia homines ut plurimum

his affectibus natura sunt obnoxii, sunt ergo homines ex natura

hostes' (II. 14). Universal hostility means universal fear, and fear

means weakness. It follows that in the state of nature there is

nothing fit to be called 'potentia' or consequently 'jus'; 'atque

adeo concludimus jus naturae vix posse concipi nisi ubi homines

jura habent communia, qui simul terras, quas habitare et colere

possunt, sibi vindicare, seseque munire, vimque omnem repellere et

ex communi omnium sententia vivere possunt. Nam (per art. 13 hujus

cap.) quo plures in unum sic conveniunt, eo omnes simul plus juris

habent' (15). The collective body, i.e., has more 'jus in naturam,'

i.e. 'potentiam,' than any individual could have singly (13). In the

advantage of this increased 'jus in naturam' the individual shares.

On the other hand (16), 'Ubi homines jura communia habent omnesque

una veluti mente ducuntur, certum est (per art. 13 hujus cap.)

eorum unumquemque tanto minus habere juris, quanto reliqui simul

ipso potentiores sunt, hoc est, ilium revera jus nullum in naturam

habere praeter id, quod ipsi commune concedit jus. Ceterum quicquid

ex communi consensu ipsi imperatur, teneri exsequi vel (per art. 4

hujus cap.) jure ad id cogi.' This 'jus' by which the individual's

actions are now to be regulated, is still simply 'potentia.' 'Hoc

jus, quod multitudinis potentia definitur, imperium appellari solet'

(17). It is not to be considered anything different from the 'jus

naturae.' It is simply the 'naturalis potentia' of a certain number

of men combined; 'multitudinis quae una veluti mente ducitur' (III.

2). Thus in the 'status civilis' the 'jus naturae' of the individual

in one sense disappears, in another does not. It disappears in the

sense that the individual member of the state has no mind to act or

power to act against the mind of the state. Anyone who had such mind

or power would not be a member of the state. He would be an enemy

against whose 'potentia' the state must measure its own. On the other

hand, 'in statu civili,' just as much as 'in statu naturali,' 'homo

ex legibus suae naturae agit suaeque utilitati consulit' (3). He

exercises his 'naturalis potentia' for some natural end of satisfying

his wants and preserving his life as he did or would do outside the

'status civilis.' Only in the 'status civilis' these motives on the

part of individuals so far coincide as to form the 'una veluti mens'

which directs the 'multitudinis potentia.' According to this view,

any member of a state will have just so much 'jus,' i.e. 'potentia,'

against other members as the state allows him. If he can exercise

any 'jus' or 'potentia' against another 'ex suo ingenio,' he is so

far not a member of the state and the state is so far imperfect. If

he could exercise any 'jus' or 'potentia' against the state itself,

there would be no state, or, which is the same, the state would not

be 'sui juris.'

[1] [Many of the Latin passages quoted in this chapter are translated

in Bosanquet's Supplement. Tr]

33. Is there then no limit to the 'jus' which the state may exercise?

With Spinoza this is equivalent to the question, is there no limit to

the 'potentia' which it can exercise? As to this, he suggests three

considerations.

(1). Its power is weakened by any action against right reason,

because this must weaken the 'animorum unio' on which it is founded.

'Civitatis jus potentia multitudinis, quae una veluti mente ducitur,

determinatur. At haec animorum unio concipi nulla ratione posset,

nisi civitas id ipsum maxime intendat, quod sana ratio omnibus

hominibus utile esse docet' (III. 7).

(2). The 'right' or 'power' of the state depends on its power of

affecting the hopes and fears of individual citizens.... 'Subditi

eatenus non sui, sed civitatis juris sint, quatenus ejus potentiam

seu minas metuunt, vel quatenus statum civilem amant (per art. 10

praeced. cap.). Ex quo sequitur, quod ea omnia, ad quse agenda nemo

praemiis aut minis induci potest, ad jura civitatis non pertineant'

(III. 8). Whatever cannot be achieved by rewards and threats, is

beyond the power and therefore beyond the 'right' of the state.

Examples are given in the same section.

(3). 'Ad civitatis jus ea minus pertinere, quae plurimi indignantur'

(III. 9). Severities of a certain kind lead to conspiracies against

the state, and thus weaken it. 'Sicut unusquisque civis sive homo

in statu naturali, sic civitas eo minus sui juris est, quo majorem

timendi causam habet.'

Just so far then as there are certain things which the state cannot

do, or by doing which it lessens its power, so far there are things

which it has no 'right' to do.

34. Spinoza proceeds to consider the relation of states or sovereign

powers to each other. Here the principle is simple. They are to each

other as individuals in the state of nature, except that they will

not be subject to the same weaknesses. 'Nam quandoquidem (per art.

2 hujus cap.) jus summae potestatis nihil est praeter ipsum naturae

jus, sequitur duo imperia ad invicem sese habere, ut duo homines in

statu naturali, excepto hoc, quod civitas sibi cavere potest, ne ab

alia opprimatur, quod homo in statu naturali non potest, nimirum

qui quotidie somno, saepe morbo aut animi aegritudine, et tandem

senectute gravatur, et prater haec aliis incommodis est obnoxius,

a quibus civitas securam se reddere potest' (III. 11). In other

words, '... duae civitates natura hostes sunt. Homines enim in

statu naturali hostes sunt. Qui igitur jus naturae extra civitatem

retinent, hostes manent' (III. 13). The 'jura belli' are simply the

powers of any one state to attack or defend itself against another.

The 'jura pacis,' on the other hand, do not appertain to any single

state, but arise out of the agreement of two at least. They last as

long as the agreement, the 'foedus,' lasts; and this lasts as long as

the fear or hope, which led to its being made, continues to be shared

by the states which made it. As soon as this ceases to be the case,

the agreement is necessarily at an end, 'nec dici potest, quod dolo

vel perfidia agat, propterea quod fidem solvit, simulatque metus vel

spei causa sublata est, quia haec conditio unicuique contrahentium

aequalis fuit, ut scilicet quae prima extra metum esse potest, sui

juris esset, eoque ex sui animi sententia uteretur, et praeterea quia

nemo in futurum contrahit nisi positis prsecedentibus circumstantiis'

(III. 14).

35. It would seem to follow from the above that a state can do no

wrong, in the sense that there are no rights that it can violate.

The same principle is applicable to it as to the individual. 'In

statu naturali non dari peccatum, vel si quis peccat, is sibi, non

alteri peccat: ... nihil absolute naturae jure prohibetur, nisi quod

nemo potest' (II. 18). A state is to any other state, and to its

subjects, as one individual to another 'in statu naturali.' A wrong,

a 'peccatum,' consists in a violation by individuals of the 'commune

decretum.' There can be no 'peccare' on the part of the 'commune

decretum' itself. But 'non id omne, quod jure fieri dicimus, optime

fieri affirmamus. Aliud namque est agrum jure colere, aliud agrum

optime colere; aliud, inquam, est sese jure defendere, conservare,

judicium ferre, &c, aliud sese optime defendere, conservare, atque

optimum judicium ferre; et consequenter aliud est jure imperare

et reipublicae curam habere, aliud optime imperare et rempublicam

optime gubernare. Postquam itaque de jure cujuscumque civitatis in

genere egimus, tempus est, ut de optimo cujuscumque imperii statu

agamus' (V. 1). Hence a further consideration 'de optimo cujusque

imperii statu.' This is guided by reference to the 'finis status

civilis,' which is 'pax vitaeque securitas.' Accordingly that is the

best government under which men live in harmony, and of which the

rights are kept inviolate. Where this is not the case, the fault lies

with the government, not with any 'subditorum malitia.' 'Homines

enim civiles non nascuntur, sed fiunt. Hominum praeterea naturales

affectus ubique iidem sunt' (V. 2).

The end is not fully attained where men are merely kept in order

by fear. Such a state of things is not peace but merely absence of

war. 'Pax enim non belli privatio, sed virtus est, quae ex animi

fortitudine oritur;[1] est namque obsequium constans voluntas id

exsequendi, quod ex communi civitatis decreto fieri debet' (V. 4).

The 'peace,' then, which it is the end of the state to obtain,

consists in rational virtue; in a common mind, governed by desire on

the part of each individual for perfection of being in himself and

others. The harmony of life, too, which is another way of expressing

its object, is to be understood in an equally high sense. The life

spoken of is one 'quae maxime ratione, vera mentis virtute et vita,

definitur.'

The 'imperium' which is to contribute to this end must clearly be one

'quod multitudo libera instituit, non autem id, quod in multitudinem

jure belli acquiritur.' Between the two forms of 'imperium' there

may be no essential difference in respect of the 'jus' which belongs

to each, but there is the greatest in respect of the ends which they

serve as well as in the means by which they have to be maintained (V.

6).

[1] For the definition of 'fortitudo,' see _Ethics_, III. 59,

Schol. 'Omnes actiones quae sequuntur ex affectibus qui ad mentem

referuntur, quatenus intelligit, ad fortitudinem refero, quam in

animositatem et generositatem distinguo. Nam per animositatem

intelligo cupiditatem, qua unusquisque conatur suum esse ex solo

rationis dictamine conservare. Per generositatem ... cupiditatem

qua unusquisque ex solo rationis dictamine conatur reliquos homines

juvare et sibi amicitia jungere.'

36. This conclusion of Spinoza's doctrine of the state does not seem

really consistent with the beginning. At the outset, no motives are

recognised in men but such as render them 'natura hostes.' From the

operation of these motives the state is supposed to result. Each

individual finds that the war of all against all is weakness for all.

Consequently the desire on the part of each to strengthen himself,

which is a form of the universal effort 'suum esse conservare,'

leads to combination, it being discovered that 'homini nihil homine

utilius' (_Eth_. IV. 18. Schol.). But we are expressly told that the

civil state does not bring with it other motives than those operative

'in statu naturali.' 'Homo namque tam in statu naturali quam civili

ex legibus suae naturae agit, suaeque utilitati consulit.' But then

it appears that there supervenes or may supervene on such motives

'constans voluntas id exsequendi quod ex communi civitatis decreto

fieri debet,' and that not of a kind which seeks to carry out the

'commune decretum' as a means of escaping pain or obtaining pleasure,

for it is said to arise from the 'animi fortitudo' which rests on

reason ('ad mentem refertur quatenus intelligit') and includes

'generositas' defined as above. It is also said that the true object

of 'imperium' is 'vitam concorditer transigere' or 'vitam colere' in

a sense of 'vita' in which it 'maxime ratione ... definitur.' And

as the 'imperium' established for this end is one which 'multitudo

libera instituit,' it seems [1] to be implied that there is a desire

for such an end on the part of the people. It is not explained

how such desires should arise out of the conflict of 'naturales

potentiae' or out of the impulses which render men 'natura hostes.'

On the other hand, if the elements of them already exist in the

impulses which lead to the formation of the 'status civilis,' the

reasons for saying that men are 'natura hostes' disappear, and we get

a different view of 'jus,' whether 'naturale' or 'civile,' from that

which identifies it simply with 'potentia.' Some power of conceiving

and being interested in a good _as common_, some identification of

the 'esse' of others with the 'suum esse' which every man, as Spinoza

says, seeks to preserve and promote, must be supposed in those who

form the most primitive social combinations, if these are to issue

in a state directed to such ends and maintained by such a 'constans

voluntas' as Spinoza describes. And it is the interest of men in a

common good, the desire on the part of each which he thinks of others

as sharing, for a good which he conceives to be equally good for

them, that transforms mere 'potentia' into what may fitly be called

'jus,' i.e. a power claiming recognition as exercised or capable of

being exercised for the common good.

[1] Certainly this is so, if we apply to the 'libera multitudo' the

definition of freedom applied to the 'liber homo.' 'Hominem eatenus

_liberum_ omnino voco, quatenus ratione ducitur, quia eatenus ex

causis, quae per solam eius naturam possunt adaequate intelligi,

ad agendum determinatur, tametsi ex iis necessario ad agendum

determinetur. Nam libertas agendi necessitatem non tollit, sed

ponit'(II. 11).

37. If this qualification of 'potentia' which alone renders it 'jus'

had been apprehended by Spinoza, he would have been entitled to speak

of a 'jus naturale' as preceding the 'jus civile,' i.e. of claims to

the recognition of powers and the actual customary recognition of

such, as exercised for a common good, preceding the establishment of

any regular institutions or general laws for securing their exercise.

As it is, the term 'jus naturale' is with him really unmeaning. If it

means no more than 'potentia,' why call it 'jus'? 'Jus' might have

a meaning distinct from that of 'potentia' in the sense of a power

which a certain 'imperium' enables one man to exercise as against

another. This is what Spinoza understands by 'jus civile.' But there

is no need to qualify it as 'civile,' unless 'jus' may be employed

with some other qualification and with a distinctive meaning. But

the 'jus naturale,' as he understands it, has no meaning other than

that of 'potentia,' and his theory as it stands would have been more

clearly expressed if instead of 'jus naturale' and 'jus civile' he

had spoken of 'potentia' and 'jus,' explaining that the latter was a

power on the part of one man against others, maintained by means of

an 'imperium' which itself results from a combination of 'powers.'

He himself in one passage shows a consciousness of the impropriety

of speaking of 'jus' except with reference to a community; 'jus

naturae, quod humani generis proprium est, vix posse concipi, nisi

ubi homines jura habent communia, qui simul terras, quas habitare

et colere possunt, sibi vindicare, seseque munire, vimque omnem

repellere et ex communi omnium sententia vivere possunt' (II. 15). He

takes no notice, however, of any forms of community more primitive

than that of the state. The division into the 'status naturalis'

and the 'status civilis' he seems to treat as exhaustive, and the

'status naturalis' he regards, after the manner of his time, as one

of pure individualism, of simple detachment of man from man, or of

detachment only modified by conflict. From such a 'status naturalis,'

lacking both the natural and the rational principles of social

development (the natural principle, i.e. the interest in others

arising primarily from family ties, and the rational principle, i.e.

the power of conceiving a good consisting in the more perfect being

of the individual and of those in whom he is interested), no process

could be traced to the 'status civilis.' The two 'status' stand over

against each other with an impassable gulf between. 'Homines civiles

non nascuntur, sed fiunt.' They are so made, he seems to hold, by

the action of the 'imperium' upon them. But how is the 'imperium'

to be made? Men must first be, if not 'civiles,' yet something very

different from what they are in the 'status naturalis,' between which

and the 'status civilis' Spinoza recognises no middle term, before

any 'imperium' which could render them 'civiles' could be possible.

38. The cardinal error of Spinoza's 'Politik' is the admission of the

possibility of a right in the individual apart from life in society,

apart from the recognition by members of a society of a correlative

claim upon and duty to each other, as all interested in one and the

same good. The error was the error of his time, but with Spinoza it

was confirmed by his rejection of final causes. The true conception

of 'right' depends on the conception of the individual as being

what be really is in virtue of a function which he has to fulfil

relatively to a certain end, that end being the common well-being

of a society. A 'right' is an ideal attribute ('ideal' in the sense

of not being sensibly verifiable, not reducible to any perceivable

fact or facts) which the individual possesses so far as this function

is in some measure freely fulfilled by him--i.e. fulfilled with

reference to or for the sake of the end--and so far as the ability

to fulfil it is secured to him through its being recognised by the

society as properly belonging to him. The essence of right lies in

its being not simply a power producing sensible effects, but a power

relative to an insensible function and belonging to individuals only

in so far as each recognises that function in himself and others. It

is not in so far as I _can_ do this or that, that I have a right to

do this or that, but so far as I recognise myself and am recognised

by others as able to do this or that for the sake of a common good,

or so far as in the consciousness of myself and others I have a

function relative to this end. Spinoza, however, objects to regard

anything as determined by relation to a final cause. He was not

disposed therefore to regard individuals as being what they are in

virtue of functions relative to the life of society, still less as

being what they are in virtue of the recognition by each of such

functions in himself and others. He looked upon man, like everything

else in nature, as determined by material and efficient causes, and

as himself a material and efficient cause. But as such he has no

'rights' or 'duties,' but only 'powers.'

39. It was because Plato and Aristotle conceived the life of the

πόλις [1] so clearly as the τέλος of the individual, relation to

which makes him what he is--the relation in the case of the πολίτης

proper being a conscious or recognised relation--that they laid the

foundation for all true theory of 'rights.' It is true that they have

not even a word for 'rights.' The claims which in modern times have

been advanced on behalf of the individual against the state under

the designation 'natural rights' are most alien from their way of

thinking. But in saying that the πόλις was a 'natural' institution

and that man was φύσει πολιτικός, Aristotle, according to the sense

which he attached to πόλις, was asserting the doctrine of 'natural

rights' in the only sense in which it is true. He regards the state

(πόλις) as a society of which the life is maintained by what its

members do for the sake of maintaining it, by functions consciously

fulfilled with reference to that end, and which in that sense imposes

duties; and at the same time as a society from which its members

derive the ability, through education and protection, to fulfil their

several functions, and which in that sense confers rights. It is thus

that the πολίτης μετέχει τοῦ ἄρχειν καὶ τοῦ ἄρχεσθαι. Man, being

φύσει πολίτης,--being already in respect of capacities and tendencies

a member of such a society, existing only in κοινωνίαι which contain

its elements,--has 'naturally' the correlative duties and rights

which the state imposes and confers. Practically it is only the Greek

man that Aristotle regards as φύσει πολίτης, but the Greek conception

of citizenship once established was applicable to all men capable of

a common interest. This way of conceiving the case, however, depends

on the 'teleological' view of man and the forms of society in which

he is found to live, i.e. on the view of men as being what they are

in virtue of non-sensible functions, and of certain forms of life

determined by relation to more perfect forms which they have the

capacity or tendency to become.

[1] [Greek πόλις (polis) = city, τέλος (telos) = end or purpose,

πολίτης (polites) = citizen, φύσει πολίτης or φύσει πολιτικός (physei

polites or politikos) = social or a citizen by nature, πολίτης

μετέχει τοῦ ἄρχειν καὶ τοῦ ἄρχεσθαι (polites metechei tou archein kai

tou archesthai) = a citizen by turns rules and is ruled, κοινωνίαι

(koinoniai) = associations. Tr]

40. Spinoza, like Bacon, found the assumption of ends which things

were meant to fulfil in the way of accurate inquiry into what things

are (materially) and do. He held Plato and Aristotle cheap as

compared with Democritus and Epicurus (_Epist_. LX. 13). Accordingly

he considers the individual apart from his vocation as a member of

society, the state apart from its office as enabling the individual

to fulfil that vocation. Each, so considered, is merely a vehicle of

so much power (natural force). On the other hand, he recognises a

difference between a higher and lower, a better and worse, state of

civil society, and a possibility of seeking the better state because

it is understood to be better. And this is to admit the possibility

of the course of human affairs being affected by the conception of

a final cause. It is characteristic of Spinoza that while he never

departs from the principle 'homo naturae pars,' he ascribes to him

the faculty of understanding the order of nature, and of conforming

to it or obeying it in a new way on account of that understanding.

In other words, he recognised the distinction called by Kant the

distinction between determination according to law and determination

according to the consciousness of law; though in his desire to assert

the necessity of each kind of determination he tends to disguise the

distinction and to ignore the fact that, if rational determination

(or the determination by a conception of a law) is a part of nature,

it is so in quite a different sense from determination merely

according to laws of nature. As he puts it, the clear understanding

that we are parts of nature, and of our position in the universe

of things, will yield a new character. We shall only then desire

what is ordained for us and shall find rest in the truth, in the

knowledge of what is necessary. This he regards as the highest state

of the individual, and the desire to attain it he evidently considers

the supreme motive by which the individual should be governed. The

analogue in political life to this highest state of the individual

is the direction of the 'imperium' by a 'libera multitudo' to the

attainment of 'pax vitaeque securitas' in the high sense which he

attaches to those words in _Tract. Pol_. cap. V. [1]

[1] Cp. _Eth_. IV. _Appendix_, xxxii. 'Ea quae nobis eveniunt contra

id, quod nostrae utilitatis ratio postulat, aequo animo feremus,

si conscii simus nos functos nostro officio fuisse, et potentiam,

quam habemus, non potuisse se eo usque extendere, ut eadem vitare

possemus, nosque partem totius naturae esse, cujus ordinem sequimur.

Quod si clare et distincte intelligamus, pars illa nostri, quae

intelligentia definitur, hoc est, pars melior nostri, in eo plane

acquiescet et in ea acquiescentia perseverare conabitur. Nam quatenus

intelligimus, nihil appetere nisi id, quod necessarium est, nec

absolute nisi in veris acquiescere possumus; adeoque quatenus haec

recte intelligimus, eatenus conatus melioris partis nostri cum ordine

totius naturae convenit.' _Eth_. IV. Preface ... 'Per _bonum_ ...

intelligam id, quod certo scimus medium esse, ut ad exemplar humanae

naturae, quod nobis proponimus, magis magisque accedamus.... Deinde

homines _perfectiores_ aut _imperfectiores_ dicemus, quatenus ad hoc

idem exemplar magis aut minus accedunt.'

41. The conclusion, then, is that Spinoza did really, though not

explicitly, believe in a final cause determining human life. That

is to say, he held that the conception of an end consisting in the

greater perfection of life on the part of the individual and the

community might, and to some extent did, determine the life of the

individual and the community. He would have said no doubt that

this end, like every good, existed only in our consciousness; that

it was 'nihil positivum in rebus in se consideratis' (_Ethics_,

IV. Preface); but an existence of the end in human consciousness,

determining human action, is a sufficiently real existence, without

being 'positivum in rebus.' But he made the mistake of ignoring the

more confused and mixed forms in which the conception of this end

operates; of recognising it only in the forms of the philosophic

'amor Dei,' or in the wisdom of the exceptional citizen, whom alone

he would admit 'ratione duci.' And in particular he failed to notice

that it is the consciousness of such an end to which his powers may

be directed, that constitutes the individual's claim to exercise

them as rights, just as it is the recognition of them by a society

as capable of such direction which renders them actually rights; in

short that, just as according to him nothing is good or evil but

thinking makes it so, so it is only thinking that makes a might a

right,--a certain conception of the might as relative to a social

good on the part at once of the person or persons exercising it, and

of a society which it affects.

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