The Whole Duty of Man, According to the Law of Nature

Chap. 14. Of Reputation

232 the whole duty of man Not but that it frequently happens,67 that the Crime of one shall occasion the Inconvenience of many others, even to the Intercepting of a future Blessing from them that they justly expected to receive. So when an Estate is confiscated for a Crime done by the Parents, the innocent Children are plunged into Beggary. And when a Prisoner upon Bail makes his Escape, the Bail is forced to answer the Condition of the Bond, not as a Delinquent, but because it was his voluntary Act to oblige himself to stand to such an Event. From whence it follows, That as no Man in a Court of Civil Judicature, can properly be punish’d for another’s Crime; so in the Commission of a Crime by a Community,68 whoever does not consent to it, shall not be condemn’d for it; nor suffer the Loss of any Thing he does not hold in the Name and Service of the Community, farther than it is usual on these Occasions for the Innocent to feel the Smart of the Common Misfortune . When all those are dead, who did consent or assist towards the said Crime; then the Guilt thereof expires, and the Community returns to its pristine Innocency. u c h a p t e r x i v u Of Reputation Reputation in General, is that Value set upon Persons in the World, on some account or other, by which they are compar’d and equaliz’d, preferr ’d or postpon’d69 to others. 67. Following Barbeyrac, the editors have reversed the order of Pufendorf’s final two sections. 68. Tooke’s all-purpose use of community is again potentially misleading. Here Pufendorf is concerned not with the political community or state (civitas) but with the private corporation (universitas) and the degree of liability of its members. 69. Meaning “subordinated to.” XIX. Effects of one Man’s Crime upon another. L. N. N. l. 8. c. 3. §33. XX. Crimes done by Communities . L. N. N. l. 8. c. 3. §28. I. Defined. L. N. N. l. 8. c. 4. §1. according to the law of nature 233 It is divided into Simple, and Accumulative; and may be consider’d as to both, either in a People living at their Natural Liberty, or united together under a Government. Simple Reputation amongst a People in their Natural Liberty, consists chiefly in this, That by their Behaviour, they have the Honour to be esteem’d, and treated with, as Good Men, ready to comport themselves in Society with others, according to the Prescription of the Law of Nature . The Praise whereof remains Entire, so long as no evil and enormous Fact is knowingly and wilfully done by them, with a wicked Purpose, to violate the Laws of Nature towards their Neighbour. Hence every one naturally is to pass for a Good Man, ’till the contrary is prov’d upon him. The same is diminish’d by Transgression against the Law of Nature maliciously , in any heinous Matters; which serves also as a Caution for the future, to treat with him that does it, with greater Circumspection; though this Stain may be wash’d off, either by a voluntary Reparation of Damages, or the Testimonies of a serious Repentance. But by a Course of Life directly tending to do Mischief, and the seeking of Advantages to themselves, by open and promiscuous Injuries towards others, the Reputation describ’d is totally destroyed. And till Men of this sort repent, and change their Ways, they may lawfully be used as Common Enemies, by every one, that is in any manner liable to come within the Reach of their Outrages: Since it is not impossible, even for those Men, to retrieve their Credit; if after they have repair’d all their Damages and obtain’d their Pardons, they renounce their vicious, and embrace for the time to come, an honest Course of living. II. Divided. III. Simple Reputation in a State of Nature . L. N. N. l. 8. c. 4. §2. IV. How preserved . L. N. N. l. 8. c. 4. §3. V. Diminished, and repaired. L. N. N. l. 8. c. 4. §4. VI. Lost, and recovered. L. N. N. l. 8. c. 4. §5. 234 the whole duty of man Simple Reputation, with regard to such as live under Civil Government , is that...