If we examine the PARTICULAR laws, by which justice is directed, and property determined; we shall still be presented with the same conclusion. The good of mankind is the only object of all these laws and regulations. Not only is it requisite, for the peace and interest of society, that men's possessions should be separated; but the rules, which we follow, in making the separation, are such as can best be contrived to serve farther the interests of society.
We shall suppose that a creature, possessed of reason, but unacquainted with human nature, deliberates with himself what rules of justice or property would best promote public interest, and establish peace and security among mankind: His most obvious thought would be, to assign the largest possessions to the most extensive virtue, and give every one the power of doing good, proportioned to his inclination. In a perfect theocracy, where a being, infinitely intelligent, governs by particular volitions, this rule would certainly have place, and might serve to the wisest purposes: But were mankind to execute such a law; so great is the uncertainty of merit, both from its natural obscurity, and from the self-conceit of each individual, that no determinate rule of conduct would ever result from it; and the total dissolution of society must be the immediate consequence. Fanatics may suppose, THAT DOMINION IS FOUNDED ON GRACE, and THAT SAINTS ALONE INHERIT THE EARTH; but the civil magistrate very justly puts these sublime theorists on the same footing with common robbers, and teaches them by the severest discipline, that a rule, which, in speculation, may seem the most advantageous to society, may yet be found, in practice, totally pernicious and destructive.
That there were RELIGIOUS fanatics of this kind in England, during the civil wars, we learn from history; though it is probable, that the obvious TENDENCY of these principles excited such horror in mankind, as soon obliged the dangerous enthusiasts to renounce, or at least conceal their tenets. Perhaps the LEVELLERS, who claimed an equal distribution of property, were a kind of POLITICAL fanatics, which arose from the religious species, and more openly avowed their pretensions; as carrying a more plausible appearance, of being practicable in themselves, as well as useful to human society. It must, indeed, be confessed, that nature is so liberal to mankind, that, were all her presents equally divided among the species, and improved by art and industry, every individual would enjoy all the necessaries, and even most of the comforts of life; nor would ever be liable to any ills but such as might accidentally arise from the sickly frame and constitution of his body. It must also be confessed, that, wherever we depart from this equality, we rob the poor of more satisfaction than we add to the rich, and that the slight gratification of a frivolous vanity, in one individual, frequently costs more than bread to many families, and even provinces. It may appear withal, that the rule of equality, as it would be highly USEFUL, is not altogether IMPRACTICABLE; but has taken place, at least in an imperfect degree, in some republics; particularly that of Sparta; where it was attended, it is said, with the most beneficial consequences. Not to mention that the Agrarian laws, so frequently claimed in Rome, and carried into execution in many Greek cities, proceeded, all of them, from a general idea of the utility of this principle.
But historians, and even common sense, may inform us, that, however specious these ideas of PERFECT equality may seem, they are really, at bottom, IMPRACTICABLE; and were they not so, would be extremely PERNICIOUS to human society. Render possessions ever so equal, men's different degrees of art, care, and industry will immediately break that equality. Or if you check these virtues, you reduce society to the most extreme indigence; and instead of preventing want and beggary in a few, render it unavoidable to the whole community. The most rigorous inquisition too is requisite to watch every inequality on its first appearance; and the most severe jurisdiction, to punish and redress it. But besides, that so much authority must soon degenerate into tyranny, and be exerted with great partialities; who can possibly be possessed of it, in such a situation as is here supposed? Perfect equality of possessions, destroying all subordination, weakens extremely the authority of magistracy, and must reduce all power nearly to a level, as well as property.
We may conclude, therefore, that, in order to establish laws for the regulation of property, we must be acquainted with the nature and situation of man; must reject appearances, which may be false, though specious; and must search for those rules, which are, on the whole, most USEFUL and BENEFICIAL. Vulgar sense and slight experience are sufficient for this purpose; where men give not way to too selfish avidity, or too extensive enthusiasm.
Who sees not, for instance, that whatever is produced or improved by a man's art or industry ought, for ever, to be secured to him, in order to give encouragement to such USEFUL habits and accomplishments? That the property ought also to descend to children and relations, for the same USEFUL purpose? That it may be alienated by consent, in order to beget that commerce and intercourse, which is so BENEFICIAL to human society? And that all contracts and promises ought carefully to be fulfilled, in order to secure mutual trust and confidence, by which the general INTEREST of mankind is so much promoted?
Examine the writers on the laws of nature; and you will always find, that, whatever principles they set out with, they are sure to terminate here at last, and to assign, as the ultimate reason for every rule which they establish, the convenience and necessities of mankind. A concession thus extorted, in opposition to systems, has more authority than if it had been made in prosecution of them.
What other reason, indeed, could writers ever give, why this must be MINE and that YOURS; since uninstructed nature surely never made any such distinction? The objects which receive those appellations are, of themselves, foreign to us; they are totally disjoined and separated from us; and nothing but the general interests of society can form the connexion.
Sometimes the interests of society may require a rule of justice in a particular case; but may not determine any particular rule, among several, which are all equally beneficial. In that case, the slightest analogies are laid hold of, in order to prevent that indifference and ambiguity, which would be the source of perpetual dissension. Thus possession alone, and first possession, is supposed to convey property, where no body else has any preceding claim and pretension. Many of the reasonings of lawyers are of this analogical nature, and depend on very slight connexions of the imagination.
Does any one scruple, in extraordinary cases, to violate all regard to the private property of individuals, and sacrifice to public interest a distinction which had been established for the sake of that interest? The safety of the people is the supreme law: All other particular laws are subordinate to it, and dependent on it: And if, in the COMMON course of things, they be followed and regarded; it is only because the public safety and interest COMMONLY demand so equal and impartial an administration.
Sometimes both UTILITY and ANALOGY fail, and leave the laws of justice in total uncertainty. Thus, it is highly requisite, that prescription or long possession should convey property; but what number of days or months or years should be sufficient for that purpose, it is impossible for reason alone to determine. CIVIL LAWS here supply the place of the natural CODE, and assign different terms for prescription, according to the different UTILITIES, proposed by the legislator. Bills of exchange and promissory notes, by the laws of most countries, prescribe sooner than bonds, and mortgages, and contracts of a more formal nature.
In general we may observe that all questions of property are subordinate to the authority of civil laws, which extend, restrain, modify, and alter the rules of natural justice, according to the particular CONVENIENCE of each community. The laws have, or ought to have, a constant reference to the constitution of government, the manners, the climate, the religion, the commerce, the situation of each society. A late author of genius, as well as learning, has prosecuted this subject at large, and has established, from these principles, a system of political knowledge, which abounds in ingenious and brilliant thoughts, and is not wanting in solidity.
[Footnote: The author of L'ESPRIT DES LOIX, This illustriouswriter, however, sets out with a different theory, andsupposes all right to be founded on certain RAPPORTS orrelations; which is a system, that, in my opinion, neverwill be reconciled with true philosophy. Father Malebranche,as far as I can learn, was the first that started thisabstract theory of morals, which was afterwards adopted byCudworth, Clarke, and others; and as it excludes allsentiment, and pretends to found everything on reason, ithas not wanted followers in this philosophic age. SeeSection I, Appendix I. With regard to justice, the virtuehere treated of, the inference against this theory seemsshort and conclusive. Property is allowed to be dependent oncivil laws; civil laws are allowed to have no other object,but the interest of society: This therefore must be allowedto be the sole foundation of property and justice. Not tomention, that our obligation itself to obey the magistrateand his laws is founded on nothing but the interests ofsociety. If the ideas of justice, sometimes, do not followthe dispositions of civil law; we shall find, that thesecases, instead of objections, are confirmations of thetheory delivered above. Where a civil law is so perverse asto cross all the interests of society, it loses all itsauthority, and men judge by the ideas of natural justice,which are conformable to those interests. Sometimes alsocivil laws, for useful purposes, require a ceremony or formto any deed; and where that is wanting, their decrees runcontrary to the usual tenour of justice; but one who takesadvantage of such chicanes, is not commonly regarded as anhonest man. Thus, the interests of society require, thatcontracts be fulfilled; and there is not a more materialarticle either of natural or civil justice: But the omissionof a trifling circumstance will often, by law, invalidate acontract, in foro humano, but not in foro conscientiae, asdivines express themselves. In these cases, the magistrateis supposed only to withdraw his power of enforcing theright, not to have altered the right. Where his intentionextends to the right, and is conformable to the interests ofsociety; it never fails to alter the right; a clear proof ofthe origin of justice and of property, as assigned above.]
WHAT IS A MAN'S PROPERTY? Anything which it is lawful for him, and for him alone, to use. BUT WHAT RULE HAVE WE, BY WHICH WE CAN DISTINGUISH THESE OBJECTS? Here we must have recourse to statutes, customs, precedents, analogies, and a hundred other circumstances; some of which are constant and inflexible, some variable and arbitrary. But the ultimate point, in which they all professedly terminate, is the interest and happiness of human society. Where this enters not into consideration, nothing can appear more whimsical, unnatural, and even superstitious, than all or most of the laws of justice and of property.
Those who ridicule vulgar superstitions, and expose the folly of particular regards to meats, days, places, postures, apparel, have an easy task; while they consider all the qualities and relations of the objects, and discover no adequate cause for that affection or antipathy, veneration or horror, which have so mighty an influence over a considerable part of mankind. A Syrian would have starved rather than taste pigeon; an Egyptian would not have approached bacon: But if these species of food be examined by the senses of sight, smell, or taste, or scrutinized by the sciences of chemistry, medicine, or physics, no difference is ever found between them and any other species, nor can that precise circumstance be pitched on, which may afford a just foundation for the religious passion. A fowl on Thursday is lawful food; on Friday abominable: Eggs in this house and in this diocese, are permitted during Lent; a hundred paces farther, to eat them is a damnable sin. This earth or building, yesterday was profane; to-day, by the muttering of certain words, it has become holy and sacred. Such reflections as these, in the mouth of a philosopher, one may safely say, are too obvious to have any influence; because they must always, to every man, occur at first sight; and where they prevail not, of themselves, they are surely obstructed by education, prejudice, and passion, not by ignorance or mistake.
It may appear to a careless view, or rather a too abstracted reflection, that there enters a like superstition into all the sentiments of justice; and that, if a man expose its object, or what we call property, to the same scrutiny of sense and science, he will not, by the most accurate enquiry, find any foundation for the difference made by moral sentiment. I may lawfully nourish myself from this tree; but the fruit of another of the same species, ten paces off, it is criminal for me to touch. Had I worn this apparel an hour ago, I had merited the severest punishment; but a man, by pronouncing a few magical syllables, has now rendered it fit for my use and service. Were this house placed in the neighbouring territory, it had been immoral for me to dwell in it; but being built on this side the river, it is subject to a different municipal law, and by its becoming mine I incur no blame or censure. The same species of reasoning it may be thought, which so successfully exposes superstition, is also applicable to justice; nor is it possible, in the one case more than in the other, to point out, in the object, that precise quality or circumstance, which is the foundation of the sentiment.
But there is this material difference between SUPERSTITION and JUSTICE, that the former is frivolous, useless, and burdensome; the latter is absolutely requisite to the well-being of mankind and existence of society. When we abstract from this circumstance (for it is too apparent ever to be overlooked) it must be confessed, that all regards to right and property, seem entirely without foundation, as much as the grossest and most vulgar superstition. Were the interests of society nowise concerned, it is as unintelligible why another's articulating certain sounds implying consent, should change the nature of my actions with regard to a particular object, as why the reciting of a liturgy by a priest, in a certain habit and posture, should dedicate a heap of brick and timber, and render it, thenceforth and for ever, sacred.
[Footnote: It is evident, that the will or consent alone nevertransfers property, nor causes the obligation of a promise (for the samereasoning extends to both), but the will must be expressed by words orsigns, in order to impose a tie upon any man. The expression being oncebrought in as subservient to the will, soon becomes the principal partof the promise; nor will a man be less bound by his word, though hesecretly give a different direction to his intention, and withhold theassent of his mind. But though the expression makes, on most occasions,the whole of the promise, yet it does not always so; and one who shouldmake use of any expression, of which he knows not the meaning, and whichhe uses without any sense of the consequences, would not certainly bebound by it. Nay, though he know its meaning, yet if he use it in jestonly, and with such signs as evidently show, that he has no seriousintention of binding himself, he would not lie under any obligation ofperformance; but it is necessary, that the words be a perfect expressionof the will, without any contrary signs. Nay, even this we mustnot carry so far as to imagine, that one, whom, by our quickness ofunderstanding, we conjecture, from certain signs, to have an intentionof deceiving us, is not bound by his expression or verbal promise, ifwe accept of it; but must limit this conclusion to those cases wherethe signs are of a different nature from those of deceit. All thesecontradictions are easily accounted for, if justice arise entirely fromits usefulness to society; but will never be explained on any otherhypothesis.It is remarkable that the moral decisions of the JESUITS and otherrelaxed casuists, were commonly formed in prosecution of some suchsubtilties of reasoning as are here pointed out, and proceed as muchfrom the habit of scholastic refinement as from any corruption ofthe heart, if we may follow the authority of Mons. Bayle. See hisDictionary, article Loyola. And why has the indignation of mankind risenso high against these casuists; but because every one perceived, thathuman society could not subsist were such practices authorized, and thatmorals must always be handled with a view to public interest, more thanphilosophical regularity? If the secret direction of the intention, saidevery man of sense, could invalidate a contract; where is our security?And yet a metaphysical schoolman might think, that, where an intentionwas supposed to be requisite, if that intention really had not place,no consequence ought to follow, and no obligation be imposed. Thecasuistical subtilties may not be greater than the snbtilties oflawyers, hinted at above; but as the former are PERNICIOUS, and thelatter INNOCENT and even NECESSARY, this is the reason of the verydifferent reception they meet with from the world.It is a doctrine of the Church of Rome, that the priest, by a secretdirection of his intention, can invalidate any sacrament. This positionis derived from a strict and regular prosecution of the obvious truth,that empty words alone, without any meaning or intention in the speaker,can never be attended with any effect. If the same conclusion be notadmitted in reasonings concerning civil contracts, where the affair isallowed to be of so much less consequence than the eternal salvationof thousands, it proceeds entirely from men's sense of the danger andinconvenience of the doctrine in the former case: And we maythence observe, that however positive, arrogant, and dogmatical anysuperstition may appear, it never can convey any thorough persuasionof the reality of its objects, or put them, in any degree, on a balancewith the common incidents of life, which we learn from daily observationand experimental reasoning.]
These reflections are far from weakening the obligations of justice, or diminishing anything from the most sacred attention to property. On the contrary, such sentiments must acquire new force from the present reasoning. For what stronger foundation can be desired or conceived for any duty, than to observe, that human society, or even human nature, could not subsist without the establishment of it; and will still arrive at greater degrees of happiness and perfection, the more inviolable the regard is, which is paid to that duty?
The dilemma seems obvious: As justice evidently tends to promote public utility and to support civil society, the sentiment of justice is either derived from our reflecting on that tendency, or like hunger, thirst, and other appetites, resentment, love of life, attachment to offspring, and other passions, arises from a simple original instinct in the human breast, which nature has implanted for like salutary purposes. If the latter be the case, it follows, that property, which is the object of justice, is also distinguished by a simple original instinct, and is not ascertained by any argument or reflection. But who is there that ever heard of such an instinct? Or is this a subject in which new discoveries can be made? We may as well expect to discover, in the body, new senses, which had before escaped the observation of all mankind.
But farther, though it seems a very simple proposition to say, that nature, by an instinctive sentiment, distinguishes property, yet in reality we shall find, that there are required for that purpose ten thousand different instincts, and these employed about objects of the greatest intricacy and nicest discernment. For when a definition of PROPERTY is required, that relation is found to resolve itself into any possession acquired by occupation, by industry, by prescription, by inheritance, by contract, &c. Can we think that nature, by an original instinct, instructs us in all these methods of acquisition?
These words too, inheritance and contract, stand for ideas infinitely complicated; and to define them exactly, a hundred volumes of laws, and a thousand volumes of commentators, have not been found sufficient. Does nature, whose instincts in men are all simple, embrace such complicated and artificial objects, and create a rational creature, without trusting anything to the operation of his reason?
But even though all this were admitted, it would not be satisfactory. Positive laws can certainly transfer property. It is by another original instinct, that we recognize the authority of kings and senates, and mark all the boundaries of their jurisdiction? Judges too, even though their sentence be erroneous and illegal, must be allowed, for the sake of peace and order, to have decisive authority, and ultimately to determine property. Have we original innate ideas of praetors and chancellors and juries? Who sees not, that all these institutions arise merely from the necessities of human society?
All birds of the same species in every age and country, built their nests alike: In this we see the force of instinct. Men, in different times and places, frame their houses differently: Here we perceive the influence of reason and custom. A like inference may be drawn from comparing the instinct of generation and the institution of property.
How great soever the variety of municipal laws, it must be confessed, that their chief outlines pretty regularly concur; because the purposes, to which they tend, are everywhere exactly similar. In like manner, all houses have a roof and walls, windows and chimneys; though diversified in their shape, figure, and materials. The purposes of the latter, directed to the conveniencies of human life, discover not more plainly their origin from reason and reflection, than do those of the former, which point all to a like end.
I need not mention the variations, which all the rules of property receive from the finer turns and connexions of the imagination, and from the subtilties and abstractions of law-topics and reasonings. There is no possibility of reconciling this observation to the notion of original instincts.
What alone will beget a doubt concerning the theory, on which I insist, is the influence of education and acquired habits, by which we are so accustomed to blame injustice, that we are not, in every instance, conscious of any immediate reflection on the pernicious consequences of it. The views the most familiar to us are apt, for that very reason, to escape us; and what we have very frequently performed from certain motives, we are apt likewise to continue mechanically, without recalling, on every occasion, the reflections, which first determined us. The convenience, or rather necessity, which leads to justice is so universal, and everywhere points so much to the same rules, that the habit takes place in all societies; and it is not without some scrutiny, that we are able to ascertain its true origin. The matter, however, is not so obscure, but that even in common life we have every moment recourse to the principle of public utility, and ask, WHAT MUST BECOME OF THE WORLD, IF SUCH PRACTICES PREVAIL? HOW COULD SOCIETY SUBSIST UNDER SUCH DISORDERS? Were the distinction or separation of possessions entirely useless, can any one conceive, that it ever should have obtained in society?
Thus we seem, upon the whole, to have attained a knowledge of the force of that principle here insisted on, and can determine what degree of esteem or moral approbation may result from reflections on public interest and utility. The necessity of justice to the support of society is the sole foundation of that virtue; and since no moral excellence is more highly esteemed, we may conclude that this circumstance of usefulness has, in general, the strongest energy, and most entire command over our sentiments. It must, therefore, be the source of a considerable part of the merit ascribed to humanity, benevolence, friendship, public spirit, and other social virtues of that stamp; as it is the sole source of the moral approbation paid to fidelity, justice, veracity, integrity, and those other estimable and useful qualities and principles. It is entirely agreeable to the rules of philosophy, and even of common reason; where any principle has been found to have a great force and energy in one instance, to ascribe to it a like energy in all similar instances. This indeed is Newton's chief rule of philosophizing [Footnote: Principia. Lib. iii.].
Had every man sufficient SAGACITY to perceive, at all times, the strong interest which binds him to the observance of justice and equity, and STRENGTH OF MIND sufficient to persevere in a steady adherence to a general and a distant interest, in opposition to the allurements of present pleasure and advantage; there had never, in that case, been any such thing as government or political society, but each man, following his natural liberty, had lived in entire peace and harmony with all others. What need of positive law where natural justice is, of itself, a sufficient restraint? Why create magistrates, where there never arises any disorder or iniquity? Why abridge our native freedom, when, in every instance, the utmost exertion of it is found innocent and beneficial? It is evident, that, if government were totally useless, it never could have place, and that the sole foundation of the duty of allegiance is the ADVANTAGE, which it procures to society, by preserving peace and order among mankind.
When a number of political societies are erected, and maintain a great intercourse together, a new set of rules are immediately discovered to be USEFUL in that particular situation; and accordingly take place under the title of Laws of Nations. Of this kind are, the sacredness of the person of ambassadors, abstaining from poisoned arms, quarter in war, with others of that kind, which are plainly calculated for the ADVANTAGE of states and kingdoms in their intercourse with each other.
The rules of justice, such as prevail among individuals, are not entirely suspended among political societies. All princes pretend a regard to the rights of other princes; and some, no doubt, without hypocrisy. Alliances and treaties are every day made between independent states, which would only be so much waste of parchment, if they were not found by experience to have SOME influence and authority. But here is the difference between kingdoms and individuals. Human nature cannot by any means subsist, without the association of individuals; and that association never could have place, were no regard paid to the laws of equity and justice. Disorder, confusion, the war of all against all, are the necessary consequences of such a licentious conduct. But nations can subsist without intercourse. They may even subsist, in some degree, under a general war. The observance of justice, though useful among them, is not guarded by so strong a necessity as among individuals; and the moral obligation holds proportion with the USEFULNESS. All politicians will allow, and most philosophers, that reasons of state may, in particular emergencies, dispense with the rules of justice, and invalidate any treaty or alliance, where the strict observance of it would be prejudicial, in a considerable degree, to either of the contracting parties. But nothing less than the most extreme necessity, it is confessed, can justify individuals in a breach of promise, or an invasion of the properties of others.
In a confederated commonwealth, such as the Achaean republic of old, or the Swiss Cantons and United Provinces in modern times; as the league has here a peculiar UTILITY, the conditions of union have a peculiar sacredness and authority, and a violation of them would be regarded as no less, or even as more criminal, than any private injury or injustice.
The long and helpless infancy of man requires the combination of parents for the subsistence of their young; and that combination requires the virtue of chastity or fidelity to the marriage bed. Without such a UTILITY, it will readily be owned, that such a virtue would never have been thought of.
[Footnote: The only solution, which Plato gives to all theobjections that might be raised against the community of women,established in his imaginary commonwealth, is, [Greek quotation here].Scite enim istud et dicitur et dicetur, Id quod utile sit honestum esse,quod autem inutile sit turpe esse. [De Rep lib v p 457 ex edit Ser]. Andthis maxim will admit of no doubt, where public utility is concerned,which is Plato's meaning. And indeed to what other purpose do all theideas of chastity and modesty serve? "Nisi utile est quod facimus,frustra est gloria," says Phaedrus. [Greek quotation here], saysPlutarch, de vitioso pudore. "Nihil eorum quae damnosa sunt, pulchrumest." The same was the opinion of the Stoics [Greek quotation here; fromSept. Emp lib III cap 20].
An infidelity of this nature is much more PERNICIOUS in WOMEN than in MEN. Hence the laws of chastity are much stricter over the one sex than over the other.
These rules have all a reference to generation; and yet women past child-bearing are no more supposed to be exempted from them than those in the flower of their youth and beauty. GENERAL RULES are often extended beyond the principle whence they first arise; and this in all matters of taste and sentiment. It is a vulgar story at Paris, that, during the rage of the Mississippi, a hump-backed fellow went every day into the Rue de Quincempoix, where the stock-jobbers met in great crowds, and was well paid for allowing them to make use of his hump as a desk, in order to sign their contracts upon it. Would the fortune, which he raised by this expedient, make him a handsome fellow; though it be confessed, that personal beauty arises very much from ideas of utility? The imagination is influenced by associations of ideas; which, though they arise at first from the judgement, are not easily altered by every particular exception that occurs to us. To which we may add, in the present case of chastity, that the example of the old would be pernicious to the young; and that women, continually foreseeing that a certain time would bring them the liberty of indulgence, would naturally advance that period, and think more lightly of this whole duty, so requisite to society.
Those who live in the same family have such frequent opportunities of licence of this kind, that nothing could prevent purity of manners, were marriage allowed, among the nearest relations, or any intercourse of love between them ratified by law and custom. Incest, therefore, being PERNICIOUS in a superior degree, has also a superior turpitude and moral deformity annexed to it.
What is the reason, why, by the Athenian laws, one might marry a half-sister by the father, but not by the mother? Plainly this: The manners of the Athenians were so reserved, that a man was never permitted to approach the women's apartment, even in the same family, unless where he visited his own mother. His step-mother and her children were as much shut up from him as the woman of any other family, and there was as little danger of any criminal correspondence between them. Uncles and nieces, for a like reason, might marry at Athens; but neither these, nor half-brothers and sisters, could contract that alliance at Rome, where the intercourse was more open between the sexes. Public utility is the cause of all these variations.
To repeat, to a man's prejudice, anything that escaped him in private conversation, or to make any such use of his private letters, is highly blamed. The free and social intercourse of minds must be extremely checked, where no such rules of fidelity are established.
Even in repeating stories, whence we can foresee no ill consequences to result, the giving of one's author is regarded as a piece of indiscretion, if not of immorality. These stories, in passing from hand to hand, and receiving all the usual variations, frequently come about to the persons concerned, and produce animosities and quarrels among people, whose intentions are the most innocent and inoffensive.
To pry into secrets, to open or even read the letters of others, to play the spy upon their words and looks and actions; what habits more inconvenient in society? What habits, of consequence, more blameable?
This principle is also the foundation of most of the laws of good manners; a kind of lesser morality, calculated for the ease of company and conversation. Too much or too little ceremony are both blamed, and everything, which promotes ease, without an indecent familiarity, is useful and laudable.
Constancy in friendships, attachments, and familiarities, is commendable, and is requisite to support trust and good correspondence in society. But in places of general, though casual concourse, where the pursuit of health and pleasure brings people promiscuously together, public conveniency has dispensed with this maxim; and custom there promotes an unreserved conversation for the time, by indulging the privilege of dropping afterwards every indifferent acquaintance, without breach of civility or good manners.
Even in societies, which are established on principles the most immoral, and the most destructive to the interests of the general society, there are required certain rules, which a species of false honour, as well as private interest, engages the members to observe. Robbers and pirates, it has often been remarked, could not maintain their pernicious confederacy, did they not establish a pew distributive justice among themselves, and recall those laws of equity, which they have violated with the rest of mankind.
I hate a drinking companion, says the Greek proverb, who never forgets. The follies of the last debauch should be buried in eternal oblivion, in order to give full scope to the follies of the next.
Among nations, where an immoral gallantry, if covered with a thin veil of mystery, is, in some degree, authorized by custom, there immediately arise a set of rules, calculated for the conveniency of that attachment. The famous court or parliament of love in Provence formerly decided all difficult cases of this nature.
In societies for play, there are laws required for the conduct of the game; and these laws are different in each game. The foundation, I own, of such societies is frivolous; and the laws are, in a great measure, though not altogether, capricious and arbitrary. So far is there a material difference between them and the rules of justice, fidelity, and loyalty. The general societies of men are absolutely requisite for the subsistence of the species; and the public conveniency, which regulates morals, is inviolably established in the nature of man, and of the world, in which he lives. The comparison, therefore, in these respects, is very imperfect. We may only learn from it the necessity of rules, wherever men have any intercourse with each other.
They cannot even pass each other on the road without rules. Waggoners, coachmen, and postilions have principles, by which they give the way; and these are chiefly founded on mutual ease and convenience. Sometimes also they are arbitrary, at least dependent on a kind of capricious analogy like many of the reasonings of lawyers.
[Footnote: That the lighter machine yield to the heavier, and, inmachines of the same kind, that the empty yield to the loaded; this ruleis founded on convenience. That those who are going to the capital takeplace of those who are coming from it; this seems to be founded on someidea of dignity of the great city, and of the preference of the futureto the past. From like reasons, among foot-walkers, the right-handentitles a man to the wall, and prevents jostling, which peaceablepeople find very disagreeable and inconvenient.]
To carry the matter farther, we may observe, that it is impossible for men so much as to murder each other without statutes, and maxims, and an idea of justice and honour. War has its laws as well as peace; and even that sportive kind of war, carried on among wrestlers, boxers, cudgel-players, gladiators, is regulated by fixed principles. Common interest and utility beget infallibly a standard of right and wrong among the parties concerned.
It seems so natural a thought to ascribe to their utility the praise, which we bestow on the social virtues, that one would expect to meet with this principle everywhere in moral writers, as the chief foundation of their reasoning and enquiry. In common life, we may observe, that the circumstance of utility is always appealed to; nor is it supposed, that a greater eulogy can be given to any man, than to display his usefulness to the public, and enumerate the services, which he has performed to mankind and society. What praise, even of an inanimate form, if the regularity and elegance of its parts destroy not its fitness for any useful purpose! And how satisfactory an apology for any disproportion or seeming deformity, if we can show the necessity of that particular construction for the use intended! A ship appears more beautiful to an artist, or one moderately skilled in navigation, where its prow is wide and swelling beyond its poop, than if it were framed with a precise geometrical regularity, in contradiction to all the laws of mechanics. A building, whose doors and windows were exact squares, would hurt the eye by that very proportion; as ill adapted to the figure of a human creature, for whose service the fabric was intended.
What wonder then, that a man, whose habits and conduct are hurtful to society, and dangerous or pernicious to every one who has an intercourse with him, should, on that account, be an object of disapprobation, and communicate to every spectator the strongest sentiment of disgust and hatred.
[Footnote: We ought not to imagine, because an inanimate objectmay be useful as well as a man, that therefore it ought also, accordingto this system, to merit he appellation of VIRTUOUS. The sentiments,excited by utility, are, in the two cases, very different; and the oneis mixed with affection, esteem, approbation, &c., and not the other. Inlike manner, an inanimate object may have good colour and proportionsas well as a human figure. But can we ever be in love with the former?There are a numerous set of passions and sentiments, of which thinkingrational beings are, by the original constitution of nature, the onlyproper objects: and though the very same qualities be transferred to aninsensible, inanimate being, they will not excite the same sentiments.The beneficial qualities of herbs and minerals are, indeed, sometimescalled their VIRTUES; but this is an effect of the caprice of language,which out not to be regarded in reasoning. For though there be a speciesof approbation attending even inanimate objects, when beneficial, yetthis sentiment is so weak, and so different from that which is directedto beneficent magistrates or statesman; that they ought not to be rankedunder the same class or appellation.A very small variation of the object, even where the same qualities arepreserved, will destroy a sentiment. Thus, the same beauty, transferredto a different sex, excites no amorous passion, where nature is notextremely perverted.]
But perhaps the difficulty of accounting for these effects of usefulness, or its contrary, has kept philosophers from admitting them into their systems of ethics, and has induced them rather to employ any other principle, in explaining the origin of moral good and evil. But it is no just reason for rejecting any principle, confirmed by experience, that we cannot give a satisfactory account of its origin, nor are able to resolve it into other more general principles. And if we would employ a little thought on the present subject, we need be at no loss to account for the influence of utility, and to deduce it from principles, the most known and avowed in human nature.
From the apparent usefulness of the social virtues, it has readily been inferred by sceptics, both ancient and modern, that all moral distinctions arise from education, and were, at first, invented, and afterwards encouraged, by the art of politicians, in order to render men tractable, and subdue their natural ferocity and selfishness, which incapacitated them for society. This principle, indeed, of precept and education, must so far be owned to have a powerful influence, that it may frequently increase or diminish, beyond their natural standard, the sentiments of approbation or dislike; and may even, in particular instances, create, without any natural principle, a new sentiment of this kind; as is evident in all superstitious practices and observances: But that ALL moral affection or dislike arises from this origin, will never surely be allowed by any judicious enquirer. Had nature made no such distinction, founded on the original constitution of the mind, the words, HONOURABLE and SHAMEFUL, LOVELY and ODIOUS, NOBLE and DESPICABLE, had never had place in any language; nor could politicians, had they invented these terms, ever have been able to render them intelligible, or make them convey any idea to the audience. So that nothing can be more superficial than this paradox of the sceptics; and it were well, if, in the abstruser studies of logic and metaphysics, we could as easily obviate the cavils of that sect, as in the practical and more intelligible sciences of politics and morals.
The social virtues must, therefore, be allowed to have a natural beauty and amiableness, which, at first, antecedent to all precept or education, recommends them to the esteem of uninstructed mankind, and engages their affections. And as the public utility of these virtues is the chief circumstance, whence they derive their merit, it follows, that the end, which they have a tendency to promote, must be some way agreeable to us, and take hold of some natural affection. It must please, either from considerations of self-interest, or from more generous motives and regards.
It has often been asserted, that, as every man has a strong connexion with society, and perceives the impossibility of his solitary subsistence, he becomes, on that account, favourable to all those habits or principles, which promote order in society, and insure to him the quiet possession of so inestimable a blessing, As much as we value our own happiness and welfare, as much must we applaud the practice of justice and humanity, by which alone the social confederacy can be maintained, and every man reap the fruits of mutual protection and assistance.
This deduction of morals from self-love, or a regard to private interest, is an obvious thought, and has not arisen wholly from the wanton sallies and sportive assaults of the sceptics. To mention no others, Polybius, one of the gravest and most judicious, as well as most moral writers of antiquity, has assigned this selfish origin to all our sentiments of virtue. [Footnote: Undutifulness to parents is disapproved of by mankind, [Greek quotation inserted here]. Ingratitude for a like reason (though he seems there to mix a more generous regard) [Greek quotation inserted here] Lib. vi cap. 4. (Ed. Gronorius.) Perhaps the historian only meant, that our sympathy and humanity was more enlivened, by our considering the similarity of our case with that of the person suffering; which is a just sentiment.] But though the solid practical sense of that author, and his aversion to all vain subtilties, render his authority on the present subject very considerable; yet is not this an affair to be decided by authority, and the voice of nature and experience seems plainly to oppose the selfish theory.
We frequently bestow praise on virtuous actions, performed in very distant ages and remote countries; where the utmost subtilty of imagination would not discover any appearance of self-interest, or find any connexion of our present happiness and security with events so widely separated from us.
A generous, a brave, a noble deed, performed by an adversary, commands our approbation; while in its consequences it may be acknowledged prejudicial to our particular interest.
Where private advantage concurs with general affection for virtue, we readily perceive and avow the mixture of these distinct sentiments, which have a very different feeling and influence on the mind. We praise, perhaps, with more alacrity, where the generous humane action contributes to our particular interest: But the topics of praise, which we insist on, are very wide of this circumstance. And we may attempt to bring over others to our sentiments, without endeavouring to convince them, that they reap any advantage from the actions which we recommend to their approbation and applause.
Frame the model of a praiseworthy character, consisting of all the most amiable moral virtues: Give instances, in which these display themselves after an eminent and extraordinary manner: You readily engage the esteem and approbation of all your audience, who never so much as enquire in what age and country the person lived, who possessed these noble qualities: A circumstance, however, of all others, the most material to self-love, or a concern for our own individual happiness. Once on a time, a statesman, in the shock and contest of parties, prevailed so far as to procure, by his eloquence, the banishment of an able adversary; whom he secretly followed, offering him money for his support during his exile, and soothing him with topics of consolation in his misfortunes. ALAS! cries the banished statesman, WITH WHAT REGRET MUST I LEAVE MY FRIENDS IN THIS CITY, WHERE EVEN ENEMIES ARE SO GENEROUS! Virtue, though in an enemy, here pleased him: And we also give it the just tribute of praise and approbation; nor do we retract these sentiments, when we hear, that the action passed at Athens, about two thousand years ago, and that the persons' names were Eschines and Demosthenes.
WHAT IS THAT TO ME? There are few occasions, when this question is not pertinent: And had it that universal, infallible influence supposed, it would turn into ridicule every composition, and almost every conversation, which contain any praise or censure of men and manners.
It is but a weak subterfuge, when pressed by these facts and arguments, to say, that we transport ourselves, by the force of imagination, into distant ages and countries, and consider the advantage, which we should have reaped from these characters, had we been contemporaries, and had any commerce with the persons. It is not conceivable, how a REAL sentiment or passion can ever arise from a known IMAGINARY interest; especially when our REAL interest is still kept in view, and is often acknowledged to be entirely distinct from the imaginary, and even sometimes opposite to it.
A man, brought to the brink of a precipice, cannot look down without trembling; and the sentiment of IMAGINARY danger actuates him, in opposition to the opinion and belief of REAL safety. But the imagination is here assisted by the presence of a striking object; and yet prevails not, except it be also aided by novelty, and the unusual appearance of the object. Custom soon reconciles us to heights and precipices, and wears off these false and delusive terrors. The reverse is observable in the estimates which we form of characters and manners; and the more we habituate ourselves to an accurate scrutiny of morals, the more delicate feeling do we acquire of the most minute distinctions between vice and virtue. Such frequent occasion, indeed, have we, in common life, to pronounce all kinds of moral determinations, that no object of this kind can be new or unusual to us; nor could any FALSE views or prepossessions maintain their ground against an experience, so common and familiar. Experience being chiefly what forms the associations of ideas, it is impossible that any association could establish and support itself, in direct opposition to that principle.
Usefulness is agreeable, and engages our approbation. This is a matter of fact, confirmed by daily observation. But, USEFUL? For what? For somebody's interest, surely. Whose interest then? Not our own only: For our approbation frequently extends farther. It must, therefore, be the interest of those, who are served by the character or action approved of; and these we may conclude, however remote, are not totally indifferent to us. By opening up this principle, we shall discover one great source of moral distinctions.