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Stony Brook University

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It is interesting that Leibniz defines charity as the qualis of the wise, suggesting that<br />

charity is a moral quality of the wise. But the main point here is very similar to that of the<br />

Nova Methodus: what is truly one’s own is one’s body, and beyond that, possessions<br />

rightfully acquired. These are things over which individuals have a theoretically<br />

inviolable right. At the same time, individual possession is not without consideration for<br />

what is best overall. This is conveyed by the term convenire. As Heinekamp points out,<br />

fittingness is a concept central to Leibniz’s notion of the good, as in what is “fitting” in<br />

the best possible world. 60 So, justice is the virtue of giving to each what is fitting in view<br />

of the whole. Of course, to determine what is fitting requires the judgment of the wise:<br />

The JUST, moreover, or as we say, the good person, is one who is endowed<br />

with justice, and accomplishes justly that which can be approved by the<br />

judgment of the good and the wise person. And we call RIGHT the power<br />

which befalls the good man; for the things that are against good morals are<br />

for him believed unable to do. To this extent obligation is that which<br />

imposes on a good man a certain necessity. Now the science of these<br />

questions is called JURISPRUDENCE. And since to know means to be able to<br />

give reasons, consequently, those who make or interpret the Laws must<br />

know the true principles from which all of right is derived. 61<br />

Thus starting from “to each his own,” the definition chain brings us back to the science of<br />

jurisprudence, which is the science of the true principles of right. Notice also how<br />

obligation follows from right: Since right is the power to do what is just, that means that<br />

the good and wise person “cannot do” that which is unjust. 62 Thus this power itself<br />

imposes the “moral necessity,” i.e., the obligation not to be unjust. Additionally, part of<br />

this power certainly includes the knowledge of what is just. Leibniz goes on to say that<br />

the immense multitude of laws must be reduced to a few words, so that the “memory will<br />

not be overcharged, that opinions will be certain, “and thus in the future right will be<br />

determined and certain.” 63 This thought brings us back to the Nova Methodus, where it<br />

was the task of the jurisconsult to maintain “two viewpoints,” the theoretical and the<br />

nomothetic. The theoretical consists of the science of right, and the nomothetic is<br />

oriented toward the construction of laws useful for the State.<br />

zelus vero caritatis scientia regi debet, ne erremus in aestimatione ejus quod optimum est: quoniam ergo<br />

Sapientia est scientia optimi sive felicitatis; ideo non poterimus fortasse vim JUSTITIAE melius complecti,<br />

quam si definiamus esse caritatem qualis in sapiente est.”<br />

60 Heinekamp (1969), p. 183. According to Rescher (2002) what is fitting is a formula (set of laws) that<br />

produces the most amount of good. Such is the formula for the best possible world.<br />

61 A.6.4.2834-5: “Justum autem, sive bonum Virum dicemus qui justitia praeditus est, et juste fieri, quicquid<br />

boni sapientisque viri arbitrio probari potest. Et JUS appellamus potestatem quae in bonum virum cadit,<br />

nam quae contra bonos mores sunt ea nec facere nos posse credendum. Quemadmodum obligatio est<br />

quicquid bono viro necessitatem quandam imponit. Harum autem rerum scientia JURISPRUDENTIA<br />

appellatur. Et cum scire sit rationes reddere posse, consequens est illis qui Leges condunt, aut interpretantur<br />

vera principia noscenda esse, unde jus omne derivatur.”<br />

62 There is one caveat here: Leibniz calls right the potestas, not potentia. Thus we would have to be sure<br />

that Leibniz would understand the first, which has meant the power of coercion, to be interchangeable with<br />

potentia. A bit below Leibniz in fact resumes using potentia (see following).<br />

63 A.6.4.2834: “Itaque imposterum jus finitum certumque esto.”<br />

123

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