#pufendorf

Samuel von Pufendorf

Laws, with respect to their Authors, are distinguished into Divine and Humane; that proceeds from God, and this from Men. But if Laws be considered, as they have a necessary and universal Congruity with Mankind, they are then distinguisht into Natural and Positive. Natural Law is that which is so agreeable with the rational and sociable Nature of Man, that honest and peaceable Society could not be kept up amongst Mankind without it, Hence it is, that this may be sought out, and the knowledge of it acquired by the light of that Reason, which is born with every Man, and by a consideration of Human Nature in general. Positive Law is that which takes not its rise from the common condition of Human Nature, but only from the good pleasure of the Legislator: This likewise ought to have its Foundation in Reason, and its End ought to be some Advantage to those Men, or that Society, for which it is designed. Now the Law Divine, is either Natural or Positive; but all Human Laws, strictly taken, are Positive.

in the Doctrine of the Law of Nature, if any things are to be presupposed, because so much may be inferred from Reason, they are not to be put in Opposition to those Things which the Holy Scripture on that Subject delivers with greater Clearness; but they are only to be taken in an abstracted Sense. Thus, for Example, from the Law of Nature, abstracted from the Account we receive thereof in Holy Writ, there may be formed an Idea of the Condition and state of the first Man, as he came into the World, only so far as is within the Comprehension of Human Reason. Now, to set those Things in opposition to what is delivered in Sacred Writ concerning the same State, would be the greatest Folly and Madness in the World.

An Enquiry into the Foundation and History of the Law of Nations in Europe: From the Time of the Greeks and Romans, to the Age of Grotius