Stony Brook University
Stony Brook University
Stony Brook University
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Two begins with reference to “questions of right.”<br />
Most of the questions of right, but particularly of that of sovereigns and of<br />
peoples, are confused, because [not everyone] agrees on a common notion<br />
of justice, with the result that [not everyone] understands the same things<br />
by the same name, and this is the cause of endless dispute. Everyone will<br />
agree, perhaps, to this nominal definition, that justice is a constant will to<br />
act in such a way that no one have a reason to complain of us.[ 58 ] But this<br />
does not suffice unless one gives the means of determining these reasons.<br />
(RM 53) 59<br />
These “reasons for complaint,” in fact, are nearly identical to the graduated “proportions<br />
of good” he had set out all the way back in Draft 2 of the Elementa. 60 To determine these<br />
reasons, Leibniz provides several scenarios designed to move us gradually, in four steps,<br />
from this nominal definition of justice to something like a real definition—i.e., charity of<br />
the wise. This move also involves the first two Roman precepts: beginning with strict<br />
right (harm no one), which requires only refraining from an action, we move to charity or<br />
equity (give each his due), which requires actively promoting another’s good. Moreover,<br />
as Leibniz holds, everyone will recognize these “causes of complaint” as valid<br />
justifications for action. In this way we are also led to the Golden Rule and to justice<br />
defined as charity of the wise. Let us now turn to this four-step continuum from strict<br />
right to charity. 61<br />
Strict right, as we know, does not prescribe anything beyond the prohibition<br />
against harm, at least explicitly. However, to get beyond this prohibition and to reach the<br />
positive good, we must first understand the cause of complaint involved in harm, and it is<br />
very simple. If we harm another, she will hate us; and we would recognize her hate as<br />
justified, since we would hate another for hurting us. Thus, the first cause of complaint:<br />
to harm another; and so we must refrain from harm. But to get to the second step, we<br />
must consider the cause of complaint from harming another indirectly, that is, by refusing<br />
to help another. Suppose that you refuse to help someone in need, and you could do so<br />
without incurring harm to yourself. Would you not be hated for that as well? You may try<br />
to refuse to help others on the grounds that you are content without their help; and you<br />
may remain content as long as others do not harm you. But Leibniz says this will not<br />
work. To conceive of matters rightly, one cannot depend on what one wants (or does not<br />
want), but on what one can rationally imagine. So, you could imagine that if you were in<br />
58 Note that this definition stems in part from the very first sentence of Justinian’s Institutes; but the notion<br />
of “complaint” is Leibniz’s own. Institutionum Lib 1, Tit 1: “Iustitia est constans et perpetua voluntas ius<br />
suum cuique tribuens.”<br />
59 M 53: “La plupart des questions du droit, mais surtout de celui des souverains et des peuples sont<br />
embarrassées, parce qu’on ne convient pas d’une notion commune de la justice, ce qui fait qu’on n’entend<br />
pas la même chose sous le même nom, et c’est le moyen de disputer sans fin. On conviendra peut-être<br />
partout de cette définition nominale que la justice est une volonté constant de faire, en sorte que personne<br />
n’ait raison de se plaindre de nous. Mais cela ne suffit pas, si l’on ne donne le moyen de déterminer ces<br />
raisons.”<br />
60 A.6.1.433.<br />
61 An interesting article by Andreas Blank (2004) shows that Leibniz employs “sorites” arguments to make<br />
the move from strict right to equity (charity). Emily Grosholz (1993) argues that Leibniz is relying on his<br />
metaphysical princple of the continuum.<br />
220