[Footnote: This theory concerning the origin of property, and
consequently of justice, is, in the main, the same with that hinted at
and adopted by Grotius, 'Hinc discimus, quae fuerit causa, ob quam a
primaeva communione rerum primo mobilium, deinde et immobilinm discessum
est: nimirum quod cum non contenti homines vesci sponte natis, antra
habitare, corpore aut nudo agere, aut corticibus arborum ferarumve
pellibus vestito, vitae genus exquisitius delegissent, industria opus
fuit, quam singuli rebus singulls adhiberent. Quo minus autem fructus
in commune conferrentur, primum obstitit locorum, in quae homines
discesserunt, distantia, deinde justitiae et amoris defectus, per quem
fiebat, ut nee in labore, nee in consumtione fructuum, quae debebat,
aequalitas servaretur. Simul discimus, quomodo res in proprietatem
iverint; non animi actu solo, neque enim scire alii poterant, quid alil
suum esse vellent, ut eo abstinerent, et idem velle plures poterant;
sed pacto quodam aut expresso, ut per divisionem, aut tacito, ut per
occupationem.' De jure belli et pacis. Lib. ii. cap. 2. sec. 2. art. 4
and 5.]
The word NATURAL is commonly taken in so many senses and is of so
loose a signification, that it seems vain to dispute whether justice
be natural or not. If self-love, if benevolence be natural to man; if
reason and forethought be also natural; then may the same epithet
be applied to justice, order, fidelity, property, society. Men's
inclination, their necessities, lead them to combine; their
understanding and experience tell them that this combination is
impossible where each governs himself by no rule, and pays no regard
to the possessions of others: and from these passions and reflections
conjoined, as soon as we observe like passions and reflections in
others, the sentiment of justice, throughout all ages, has infallibly
and certainly had place to some degree or other in every individual of
the human species. In so sagacious an animal, what necessarily arises
from the exertion of his intellectual faculties may justly be esteemed
natural.
[Footnote: Natural may be opposed, either to what is UNUSUAL,
MIRACULOUS or ARTIFICIAL. In the two former senses, justice and property
are undoubtedly natural. But as they suppose reason, forethought,
design, and a social union and confederacy among men, perhaps that
epithet cannot strictly, in the last sense, be applied to them. Had
men lived without society, property had never been known, and neither
justice nor injustice had ever existed. But society among human
creatures had been impossible without reason and forethought. Inferior
animals, that unite, are guided by instinct, which supplies the place
for reason. But all these disputes are merely verbal.]