It defines virtue to be WHATEVER MENTAL ACTION OR QUALITY GIVES TO A SPECTATOR THE PLEASING SENTIMENT OF APPROBATION; and vice the contrary.
We then proceed to examine a plain matter of fact, to wit, what actions have this influence. We consider all the circ.u.mstances in which these actions agree, and thence endeavour to extract some general observations with regard to these sentiments. If you call this metaphysics, and find anything abstruse here, you need only conclude that your turn of mind is not suited to the moral sciences.
II. When a man, at any time, deliberates concerning his own conduct (as, whether he had better, in a particular emergence, a.s.sist a brother or a benefactor), he must consider these separate relations, with all the circ.u.mstances and situations of the persons, in order to determine the superior duty and obligation; and in order to determine the proportion of lines in any triangle, it is necessary to examine the nature of that figure, and the relation which its several parts bear to each other. But notwithstanding this appearing similarity in the two cases, there is, at bottom, an extreme difference between them. A speculative reasoner concerning triangles or circles considers the several known and given relations of the parts of these figures; and thence infers some unknown relation, which is dependent on the former. But in moral deliberations we must be acquainted beforehand with all the objects, and all their relations to each other; and from a comparison of the whole, fix our choice or approbation. No new fact to be ascertained; no new relation to be discovered. All the circ.u.mstances of the case are supposed to be laid before us, ere we can fix any sentence of blame or approbation. If any material circ.u.mstance be yet unknown or doubtful, we must first employ our inquiry or intellectual faculties to a.s.sure us of it; and must suspend for a time all moral decision or sentiment. While we are ignorant whether a man were aggressor or not, how can we determine whether the person who killed him be criminal or innocent? But after every circ.u.mstance, every relation is known, the understanding has no further room to operate, nor any object on which it could employ itself.
The approbation or blame which then ensues, cannot be the work of the judgement, but of the heart; and is not a speculative proposition or affirmation, but an active feeling or sentiment. In the disquisitions of the understanding, from known circ.u.mstances and relations, we infer some new and unknown. In moral decisions, all the circ.u.mstances and relations must be previously known; and the mind, from the contemplation of the whole, feels some new impression of affection or disgust, esteem or contempt, approbation or blame.
Hence the great difference between a mistake of FACT and one of RIGHT; and hence the reason why the one is commonly criminal and not the other.
When Oedipus killed Laius, he was ignorant of the relation, and from circ.u.mstances, innocent and involuntary, formed erroneous opinions concerning the action which he committed. But when Nero killed Agrippina, all the relations between himself and the person, and all the circ.u.mstances of the fact, were previously known to him; but the motive of revenge, or fear, or interest, prevailed in his savage heart over the sentiments of duty and humanity. And when we express that detestation against him to which he himself, in a little time, became insensible, it is not that we see any relations, of which he was ignorant; but that, for the rect.i.tude of our disposition, we feel sentiments against which he was hardened from flattery and a long perseverance in the most enormous crimes.
In these sentiments then, not in a discovery of relations of any kind, do all moral determinations consist. Before we can pretend to form any decision of this kind, everything must be known and ascertained on the side of the object or action. Nothing remains but to feel, on our part, some sentiment of blame or approbation; whence we p.r.o.nounce the action criminal or virtuous.
III. This doctrine will become still more evident, if we compare moral beauty with natural, to which in many particulars it bears so near a resemblance. It is on the proportion, relation, and position of parts, that all natural beauty depends; but it would be absurd thence to infer, that the perception of beauty, like that of truth in geometrical problems, consists wholly in the perception of relations, and was performed entirely by the understanding or intellectual faculties. In all the sciences, our mind from the known relations investigates the unknown. But in all decisions of taste or external beauty, all the relations are beforehand obvious to the eye; and we thence proceed to feel a sentiment of complacency or disgust, according to the nature of the object, and disposition of our organs.
Euclid has fully explained all the qualities of the circle; but has not in any proposition said a word of its beauty. The reason is evident. The beauty is not a quality of the circle. It lies not in any part of the line, whose parts are equally distant from a common centre. It is only the effect which that figure produces upon the mind, whose peculiar fabric of structure renders it susceptible of such sentiments. In vain would you look for it in the circle, or seek it, either by your senses or by mathematical reasoning, in all the properties of that figure.
Attend to Palladio and Perrault, while they explain all the parts and proportions of a pillar. They talk of the cornice, and frieze, and base, and entablature, and shaft, and architrave; and give the description and position of each of these members. But should you ask the description and position of its beauty, they would readily reply, that the beauty is not in any of the parts or members of a pillar, but results from the whole, when that complicated figure is presented to an intelligent mind, susceptible to those finer sensations. Till such a spectator appear, there is nothing but a figure of such particular dimensions and proportions: from his sentiments alone arise its elegance and beauty.
Again; attend to Cicero, while he paints the crimes of a Verres or a Catiline. You must acknowledge that the moral turpitude results, in the same manner, from the contemplation of the whole, when presented to a being whose organs have such a particular structure and formation. The orator may paint rage, insolence, barbarity on the one side; meekness, suffering, sorrow, innocence on the other. But if you feel no indignation or compa.s.sion arise in you from this complication of circ.u.mstances, you would in vain ask him, in what consists the crime or villainy, which he so vehemently exclaims against? At what time, or on what subject it first began to exist? And what has a few months afterwards become of it, when every disposition and thought of all the actors is totally altered or annihilated? No satisfactory answer can be given to any of these questions, upon the abstract hypothesis of morals; and we must at last acknowledge, that the crime or immorality is no particular fact or relation, which can be the object of the understanding, but arises entirely from the sentiment of disapprobation, which, by the structure of human nature, we unavoidably feel on the apprehension of barbarity or treachery.
IV. Inanimate objects may bear to each other all the same relations which we observe in moral agents; though the former can never be the object of love or hatred, nor are consequently susceptible of merit or iniquity. A young tree, which over-tops and destroys its parent, stands in all the same relations with Nero, when he murdered Agrippina; and if morality consisted merely in relations, would no doubt be equally criminal.
V. It appears evident that--the ultimate ends of human actions can never, in any case, be accounted for by reason, but recommend themselves entirely to the sentiments and affections of mankind, without any dependance on the intellectual faculties. Ask a man WHY HE USES EXERCISE; he will answer, BECAUSE HE DESIRES TO KEEP HIS HEALTH. If you then enquire, WHY HE DESIRES HEALTH, he will readily reply, BECAUSE SICKNESS IS PAINFUL. If you push your enquiries farther, and desire a reason WHY HE HATES PAIN, it is impossible he can ever give any. This is an ultimate end, and is never referred to any other object.
Perhaps to your second question, WHY HE DESIRES HEALTH, he may also reply, that IT IS NECESSARY FOR THE EXERCISE OF HIS CALLING. If you ask, WHY HE IS ANXIOUS ON THAT HEAD, he will answer, BECAUSE HE DESIRES TO GET MONEY. If you demand WHY? IT IS THE INSTRUMENT OF PLEASURE, says he.
And beyond this it is an absurdity to ask for a reason. It is impossible there can be a progress IN INFINITUM; and that one thing can always be a reason why another is desired. Something must be desirable on its own account, and because of its immediate accord or agreement with human sentiment and affection.
Now as virtue is an end, and is desirable on its own account, without fee and reward, merely for the immediate satisfaction which it conveys; it is requisite that there should be some sentiment which it touches, some internal taste or feeling, or whatever you may please to call it, which distinguishes moral good and evil, and which embraces the one and rejects the other.
Thus the distinct boundaries and offices of REASON and of TASTE are easily ascertained. The former conveys the knowledge of truth and falsehood: the latter gives the sentiment of beauty and deformity, vice and virtue. The one discovers objects as they really stand in nature, without addition and diminution: the other has a productive faculty, and gilding or staining all natural objects with the colours, borrowed from internal sentiment, raises in a manner a new creation. Reason being cool and disengaged, is no motive to action, and directs only the impulse received from appet.i.te or inclination, by showing us the means of attaining happiness or avoiding misery: Taste, as it gives pleasure or pain, and thereby const.i.tutes happiness or misery, becomes a motive to action, and is the first spring or impulse to desire and volition. From circ.u.mstances and relations, known or supposed, the former leads us to the discovery of the concealed and unknown: after all circ.u.mstances and relations are laid before us, the latter makes us feel from the whole a new sentiment of blame or approbation. The standard of the one, being founded on the nature of things, is eternal and inflexible, even by the will of the Supreme Being: the standard of the other arising from the eternal frame and const.i.tution of animals, is ultimately derived from that Supreme Will, which bestowed on each being its peculiar nature, and arranged the several cla.s.ses and orders of existence.
APPENDIX II. OF SELF-LOVE.
THERE is a principle, supposed to prevail among many, which is utterly incompatible with all virtue or moral sentiment; and as it can proceed from nothing but the most depraved disposition, so in its turn it tends still further to encourage that depravity. This principle is, that all BENEVOLENCE is mere hypocrisy, friendship a cheat, public spirit a farce, fidelity a snare to procure trust and confidence; and that while all of us, at bottom, pursue only our private interest, we wear these fair disguises, in order to put others off their guard, and expose them the more to our wiles and machinations. What heart one must be possessed of who possesses such principles, and who feels no internal sentiment that belies so pernicious a theory, it is easy to imagine: and also what degree of affection and benevolence he can bear to a species whom he represents under such odious colours, and supposes so little susceptible of grat.i.tude or any return of affection. Or if we should not ascribe these principles wholly to a corrupted heart, we must at least account for them from the most careless and precipitate examination. Superficial reasoners, indeed, observing many false pretences among mankind, and feeling, perhaps, no very strong restraint in their own disposition, might draw a general and a hasty conclusion that all is equally corrupted, and that men, different from all other animals, and indeed from all other species of existence, admit of no degrees of good or bad, but are, in every instance, the same creatures under different disguises and appearances.
There is another principle, somewhat resembling the former; which has been much insisted on by philosophers, and has been the foundation of many a system; that, whatever affection one may feel, or imagine he feels for others, no pa.s.sion is, or can be disinterested; that the most generous friendship, however sincere, is a modification of self-love; and that, even unknown to ourselves, we seek only our own gratification, while we appear the most deeply engaged in schemes for the liberty and happiness of mankind. By a turn of imagination, by a refinement of reflection, by an enthusiasm of pa.s.sion, we seem to take part in the interests of others, and imagine ourselves divested of all selfish considerations: but, at bottom, the most generous patriot and most n.i.g.g.ardly miser, the bravest hero and most abject coward, have, in every action, an equal regard to their own happiness and welfare.
Whoever concludes from the seeming tendency of this opinion, that those, who make profession of it, cannot possibly feel the true sentiments of benevolence, or have any regard for genuine virtue, will often find himself, in practice, very much mistaken. Probity and honour were no strangers to Epicurus and his sect. Atticus and Horace seem to have enjoyed from nature, and cultivated by reflection, as generous and friendly dispositions as any disciple of the austerer schools. And among the modern, Hobbes and Locke, who maintained the selfish system of morals, lived irreproachable lives; though the former lay not under any restraint of religion which might supply the defects of his philosophy.
An epicurean or a Hobbist readily allows, that there is such a thing as a friendship in the world, without hypocrisy or disguise; though he may attempt, by a philosophical chymistry, to resolve the elements of this pa.s.sion, if I may so speak, into those of another, and explain every affection to be self-love, twisted and moulded, by a particular turn of imagination, into a variety of appearances. But as the same turn of imagination prevails not in every man, nor gives the same direction to the original pa.s.sion; this is sufficient even according to the selfish system to make the widest difference in human characters, and denominate one man virtuous and humane, another vicious and meanly interested. I esteem the man whose self-love, by whatever means, is so directed as to give him a concern for others, and render him serviceable to society: as I hate or despise him, who has no regard to any thing beyond his own gratifications and enjoyments. In vain would you suggest that these characters, though seemingly opposite, are at bottom the same, and that a very inconsiderable turn of thought forms the whole difference between them. Each character, notwithstanding these inconsiderable differences, appears to me, in practice, pretty durable and untrans.m.u.table. And I find not in this more than in other subjects, that the natural sentiments arising from the general appearances of things are easily destroyed by subtile reflections concerning the minute origin of these appearances. Does not the lively, cheerful colour of a countenance inspire me with complacency and pleasure; even though I learn from philosophy that all difference of complexion arises from the most minute differences of thickness, in the most minute parts of the skin; by means of which a superficies is qualified to reflect one of the original colours of light, and absorb the others?
But though the question concerning the universal or partial selfishness of man be not so material as is usually imagined to morality and practice, it is certainly of consequence in the speculative science of human nature, and is a proper object of curiosity and enquiry. It may not, therefore, be unsuitable, in this place, to bestow a few reflections upon it.
[Footnote: Benevolence naturally divides into two kinds, the GENERAL and the PARTICULAR. The first is, where we have no friendship or connexion or esteem for the person, but feel only a general sympathy with him or a compa.s.sion for his pains, and a congratulation with his pleasures. The other species of benevolence is founded on an opinion of virtue, on services done us, or on some particular connexions. Both these sentiments must be allowed real in human nature: but whether they will resolve into some nice considerations of self-love, is a question more curious than important. The former sentiment, to wit, that of general benevolence, or humanity, or sympathy, we shall have occasion frequently to treat of in the course of this inquiry; and I a.s.sume it as real, from general experience, without any other proof.]
The most obvious objection to the selfish hypothesis is, that, as it is contrary to common feeling and our most unprejudiced notions, there is required the highest stretch of philosophy to establish so extraordinary a paradox. To the most careless observer there appear to be such dispositions as benevolence and generosity; such affections as love, friendship, compa.s.sion, grat.i.tude. These sentiments have their causes, effects, objects, and operations, marked by common language and observation, and plainly distinguished from those of the selfish pa.s.sions. And as this is the obvious appearance of things, it must be admitted, till some hypothesis be discovered, which by penetrating deeper into human nature, may prove the former affections to be nothing but modifications of the latter. All attempts of this kind have hitherto proved fruitless, and seem to have proceeded entirely from that love of SIMPLICITY which has been the source of much false reasoning in philosophy. I shall not here enter into any detail on the present subject. Many able philosophers have shown the insufficiency of these systems. And I shall take for granted what, I believe, the smallest reflection will make evident to every impartial enquirer.
But the nature of the subject furnishes the strongest presumption, that no better system will ever, for the future, be invented, in order to account for the origin of the benevolent from the selfish affections, and reduce all the various emotions of the human mind to a perfect simplicity. The case is not the same in this species of philosophy as in physics. Many an hypothesis in nature, contrary to first appearances, has been found, on more accurate scrutiny, solid and satisfactory.
Instances of this kind are so frequent that a judicious, as well as witty philosopher, [Footnote: Mons. Fontenelle.] has ventured to affirm, if there be more than one way in which any phenomenon may be produced, that there is general presumption for its arising from the causes which are the least obvious and familiar. But the presumption always lies on the other side, in all enquiries concerning the origin of our pa.s.sions, and of the internal operations of the human mind. The simplest and most obvious cause which can there be a.s.signed for any phenomenon, is probably the true one. When a philosopher, in the explication of his system, is obliged to have recourse to some very intricate and refined reflections, and to suppose them essential to the production of any pa.s.sion or emotion, we have reason to be extremely on our guard against so fallacious an hypothesis. The affections are not susceptible of any impression from the refinements of reason or imagination; and it is always found that a vigorous exertion of the latter faculties, necessarily, from the narrow capacity of the human mind, destroys all activity in the former. Our predominant motive or intention is, indeed, frequently concealed from ourselves when it is mingled and confounded with other motives which the mind, from vanity or self-conceit, is desirous of supposing more prevalent: but there is no instance that a concealment of this nature has ever arisen from the abstruseness and intricacy of the motive. A man that has lost a friend and patron may flatter himself that all his grief arises from generous sentiments, without any mixture of narrow or interested considerations: but a man that grieves for a valuable friend, who needed his patronage and protection; how can we suppose, that his pa.s.sionate tenderness arises from some metaphysical regards to a self-interest, which has no foundation or reality? We may as well imagine that minute wheels and springs, like those of a watch, give motion to a loaded waggon, as account for the origin of pa.s.sion from such abstruse reflections.
Animals are found susceptible of kindness, both to their own species and to ours; nor is there, in this case, the least suspicion of disguise or artifice. Shall we account for all THEIR sentiments, too, from refined deductions of self-interest? Or if we admit a disinterested benevolence in the inferior species, by what rule of a.n.a.logy can we refuse it in the superior?
Love between the s.e.xes begets a complacency and good-will, very distinct from the gratification of an appet.i.te. Tenderness to their offspring, in all sensible beings, is commonly able alone to counter-balance the strongest motives of self-love, and has no manner of dependance on that affection. What interest can a fond mother have in view, who loses her health by a.s.siduous attendance on her sick child, and afterwards languishes and dies of grief, when freed, by its death, from the slavery of that attendance?
Is grat.i.tude no affection of the human breast, or is that a word merely, without any meaning or reality? Have we no satisfaction in one man"s company above another"s, and no desire of the welfare of our friend, even though absence or death should prevent us from all partic.i.p.ation in it? Or what is it commonly, that gives us any partic.i.p.ation in it, even while alive and present, but our affection and regard to him?
These and a thousand other instances are marks of a general benevolence in human nature, where no REAL interest binds us to the object. And how an IMAGINARY interest known and avowed for such, can be the origin of any pa.s.sion or emotion, seems difficult to explain. No satisfactory hypothesis of this kind has yet been discovered; nor is there the smallest probability that the future industry of men will ever be attended with more favourable success.
But farther, if we consider rightly of the matter, we shall find that the hypothesis which allows of a disinterested benevolence, distinct from self-love, has really more SIMPLICITY in it, and is more conformable to the a.n.a.logy of nature than that which pretends to resolve all friendship and humanity into this latter principle. There are bodily wants or appet.i.tes acknowledged by every one, which necessarily precede all sensual enjoyment, and carry us directly to seek possession of the object. Thus, hunger and thirst have eating and drinking for their end; and from the gratification of these primary appet.i.tes arises a pleasure, which may become the object of another species of desire or inclination that is secondary and interested. In the same manner there are mental pa.s.sions by which we are impelled immediately to seek particular objects, such as fame or power, or vengeance without any regard to interest; and when these objects are attained a pleasing enjoyment ensues, as the consequence of our indulged affections. Nature must, by the internal frame and const.i.tution of the mind, give an original propensity to fame, ere we can reap any pleasure from that acquisition, or pursue it from motives of self-love, and desire of happiness. If I have no vanity, I take no delight in praise: if I be void of ambition, power gives me no enjoyment: if I be not angry, the punishment of an adversary is totally indifferent to me. In all these cases there is a pa.s.sion which points immediately to the object, and const.i.tutes it our good or happiness; as there are other secondary pa.s.sions which afterwards arise, and pursue it as a part of our happiness, when once it is const.i.tuted such by our original affections. Were there no appet.i.te of any kind antecedent to self-love, that propensity could scarcely ever exert itself; because we should, in that case, have felt few and slender pains or pleasures, and have little misery or happiness to avoid or to pursue.
Now where is the difficulty in conceiving, that this may likewise be the case with benevolence and friendship, and that, from the original frame of our temper, we may feel a desire of another"s happiness or good, which, by means of that affection, becomes our own good, and is afterwards pursued, from the combined motives of benevolence and self-enjoyments? Who sees not that vengeance, from the force alone of pa.s.sion, may be so eagerly pursued, as to make us knowingly neglect every consideration of ease, interest, or safety; and, like some vindictive animals, infuse our very souls into the wounds we give an enemy; [Footnote: Animasque in vulnere ponunt. VIRG, Dum alteri noceat, sui negligens says Seneca of Anger. De Ira, I. i.] and what a malignant philosophy must it be, that will not allow to humanity and friendship the same privileges which are undisputably granted to the darker pa.s.sions of enmity and resentment; such a philosophy is more like a satyr than a true delineation or description of human nature; and may be a good foundation for paradoxical wit and raillery, but is a very bad one for any serious argument or reasoning.
APPENDIX III. SOME FARTHER CONSIDERATIONS WITH REGARD TO JUSTICE.
The intention of this Appendix is to give some more particular explication of the origin and nature of Justice, and to mark some differences between it and the other virtues.
The social virtues of humanity and benevolence exert their influence immediately by a direct tendency or instinct, which chiefly keeps in view the simple object, moving the affections, and comprehends not any scheme or system, nor the consequences resulting from the concurrence, imitation, or example of others. A parent flies to the relief of his child; transported by that natural sympathy which actuates him, and which affords no leisure to reflect on the sentiments or conduct of the rest of mankind in like circ.u.mstances. A generous man cheerfully embraces an opportunity of serving his friend; because he then feels himself under the dominion of the beneficent affections, nor is he concerned whether any other person in the universe were ever before actuated by such n.o.ble motives, or will ever afterwards prove their influence. In all these cases the social pa.s.sions have in view a single individual object, and pursue the safety or happiness alone of the person loved and esteemed. With this they are satisfied: in this they acquiesce. And as the good, resulting from their benign influence, is in itself complete and entire, it also excites the moral sentiment of approbation, without any reflection on farther consequences, and without any more enlarged views of the concurrence or imitation of the other members of society. On the contrary, were the generous friend or disinterested patriot to stand alone in the practice of beneficence, this would rather enhance his value in our eyes, and join the praise of rarity and novelty to his other more exalted merits.
The case is not the same with the social virtues of justice and fidelity. They are highly useful, or indeed absolutely necessary to the well-being of mankind: but the benefit resulting from them is not the consequence of every individual single act; but arises from the whole scheme or system concurred in by the whole, or the greater part of the society. General peace and order are the attendants of justice or a general abstinence from the possessions of others; but a particular regard to the particular right of one individual citizen may frequently, considered in itself, be productive of pernicious consequences. The result of the individual acts is here, in many instances, directly opposite to that of the whole system of actions; and the former may be extremely hurtful, while the latter is, to the highest degree, advantageous. Riches, inherited from a parent, are, in a bad man"s hand, the instrument of mischief. The right of succession may, in one instance, be hurtful. Its benefit arises only from the observance of the general rule; and it is sufficient, if compensation be thereby made for all the ills and inconveniences which flow from particular characters and situations.
Cyrus, young and unexperienced, considered only the individual case before him, and reflected on a limited fitness and convenience, when he a.s.signed the long coat to the tall boy, and the short coat to the other of smaller size. His governor instructed him better, while he pointed out more enlarged views and consequences, and informed his pupil of the general, inflexible rules, necessary to support general peace and order in society.
The happiness and prosperity of mankind, arising from the social virtue of benevolence and its subdivisions, may be compared to a wall, built by many hands, which still rises by each stone that is heaped upon it, and receives increase proportional to the diligence and care of each workman. The same happiness, raised by the social virtue of justice and its subdivisions, may be compared to the building of a vault, where each individual stone would, of itself, fall to the ground; nor is the whole fabric supported but by the mutual a.s.sistance and combination of its corresponding parts.
All the laws of nature, which regulate property, as well as all civil laws, are general, and regard alone some essential circ.u.mstances of the case, without taking into consideration the characters, situations, and connexions of the person concerned, or any particular consequences which may result from the determination of these laws in any particular case which offers. They deprive, without scruple, a beneficent man of all his possessions, if acquired by mistake, without a good t.i.tle; in order to bestow them on a selfish miser, who has already heaped up immense stores of superfluous riches. Public utility requires that property should be regulated by general inflexible rules; and though such rules are adopted as best serve the same end of public utility, it is impossible for them to prevent all particular hardships, or make beneficial consequences result from every individual case. It is sufficient, if the whole plan or scheme be necessary to the support of civil society, and if the balance of good, in the main, do thereby preponderate much above that of evil. Even the general laws of the universe, though planned by infinite wisdom, cannot exclude all evil or inconvenience in every particular operation.
It has been a.s.serted by some, that justice arises from Human Conventions, and proceeds from the voluntary choice, consent, or combination of mankind. If by CONVENTION be here meant a PROMISE (which is the most usual sense of the word) nothing can be more absurd than this position. The observance of promises is itself one of the most considerable parts of justice, and we are not surely bound to keep our word because we have given our word to keep it. But if by convention be meant a sense of common interest, which sense each man feels in his own breast, which he remarks in his fellows, and which carries him, in concurrence with others, into a general plan or system of actions, which tends to public utility; it must be owned, that, in this sense, justice arises from human conventions. For if it be allowed (what is, indeed, evident) that the particular consequences of a particular act of justice may be hurtful to the public as well as to individuals; it follows that every man, in embracing that virtue, must have an eye to the whole plan or system, and must expect the concurrence of his fellows in the same conduct and behaviour. Did all his views terminate in the consequences of each act of his own, his benevolence and humanity, as well as his self-love, might often prescribe to him measures of conduct very different from those which are agreeable to the strict rules of right and justice.
Thus, two men pull the oars of a boat by common convention for common interest, without any promise or contract; thus gold and silver are made the measures of exchange; thus speech and words and language are fixed by human convention and agreement. Whatever is advantageous to two or more persons, if all perform their part; but what loses all advantage if only one perform, can arise from no other principle There would otherwise be no motive for any one of them to enter into that scheme of conduct.
[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 c.u.m non contenti homines vesci sponte natis, antra habitare, corpore aut nudo agere, aut corticibus arborum ferarumve pellibus vest.i.to, vitae genus exquisitius delegissent, industria opus fuit, quam singuli rebus singulls adhiberent. Quo minus autem fructus in commune conferrentur, primum obst.i.tit locorum, in quae homines discesserunt, distantia, deinde just.i.tiae 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 pa.s.sions and reflections conjoined, as soon as we observe like pa.s.sions 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.]
Among all civilized nations it has been the constant endeavour to remove everything arbitrary and partial from the decision of property, and to fix the sentence of judges by such general views and considerations as may be equal to every member of society. For besides, that nothing could be more dangerous than to accustom the bench, even in the smallest instance, to regard private friendship or enmity; it is certain, that men, where they imagine that there was no other reason for the preference of their adversary but personal favour, are apt to entertain the strongest ill-will against the magistrates and judges. When natural reason, therefore, points out no fixed view of public utility by which a controversy of property can be decided, positive laws are often framed to supply its place, and direct the procedure of all courts of judicature. Where these too fail, as often happens, precedents are called for; and a former decision, though given itself without any sufficient reason, justly becomes a sufficient reason for a new decision. If direct laws and precedents be wanting, imperfect and indirect ones are brought in aid; and the controverted case is ranged under them by a.n.a.logical reasonings and comparisons, and similitudes, and correspondencies, which are often more fanciful than real. In general, it may safely be affirmed that jurisprudence is, in this respect, different from all the sciences; and that in many of its nicer questions, there cannot properly be said to be truth or falsehood on either side. If one pleader bring the case under any former law or precedent, by a refined a.n.a.logy or comparison; the opposite pleader is not at a loss to find an opposite a.n.a.logy or comparison: and the preference given by the judge is often founded more on taste and imagination than on any solid argument. Public utility is the general object of all courts of judicature; and this utility too requires a stable rule in all controversies: but where several rules, nearly equal and indifferent, present themselves, it is a very slight turn of thought which fixes the decision in favour of either party.