tiistai 18. helmikuuta 2020

Christian Wolff: Natural right 4 (1744)

Christian Wolff continues his journey through natural right or law simply with a more detailed look on possible types of transactions. He begins from cases where transactions go only to one direction, that is, cases where a person gives some property or does some action to another person, without receiving anything in return, in other words, donations - a topic he also decides to concentrate on in the prologue of the book.

In a sense, this starting point is quite natural, since unidirectional transaction is simpler than a transaction in both directions. Yet, it also might imply a deeper principle in Wolff’s philosophy - we are obligated to create perfection around us, hence, we are obligated to help others by donations or beneficial actions. This obligation, Wolff says, is present even in a state where everything is shared with everyone and no private property exists - at this stage it is not things, but actions that are, in a sense, donated. Although donating is duty, Wolff clarifies, it is still only an imperfect duty, that is, we cannot say to whom we have to donate. Thus, no one can be forced to donate to a particular person. On the other hand, the recipient of donation is obligated to be grateful to the donor.

In another sense, donation is not just a one-sided deal, Wolff points out, because the recipient of the donation must still accept it. This is especially crucial when we remember that donation might be only conditional - for instance, someone might donate a sum of money to a person, on the condition that the recipient will train to be a doctor. Although one might see no reason for not accepting an unconditional donation, donations with such additional conditions are a completely different thing.

Wolff notes that donations can also happen through words and letters, and just like in the previous book, we find him speculating whether the donor can still cancel the donation, if the post hasn’t delivered the donation letter. Such verbal donations still, of course, obligate the donor to do what has been promised, whether it is a physical delivery of a thing or some other action.

Something Wolff has also noted in previous parts of natural law is that no contract or promise is valid, if the persons making them are not adults in their full senses. Thus, also in this case, no minors, people with mental conditions or intoxicated are allowed to donate. Wolff also notes that we are allowed to donate only with proper consideration and not rashly. Still, it is the duty of donor to notice when the donation has not been considered. If the donor does not do the necessary self-check, the recipient does not have the obligation to do it for them - although if a recipient notices that donor has acted rashly, Wolff admits, they should return the donation.

A peculiar case of donation Wolff singles out is the handing out of alms, by which Wolff means simply a donation meant for covering the bare necessities of life. Although everyone is obligated to give alms - even more so than to donate in general, because bare necessities are essential to all human beings - again, giving alms is just an imperfect duty and no one can be forced to it. On the other hand, beggars do have the right to argue to anyone, why they should be given alms.

Although Wolff then does accept the practice of begging, he does want to restrict who can do begging. According to Wolff, everyone should primarily take care of themselves with their own work. Hence, begging is allowed, he says, only if the would-be beggar cannot provide themselves with their own work, which can happen if they don’t have the capacity to do work, if they could and wanted to work, but no one would hire them, or if they did work, but the work would not pay enough for necessities of life.

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