3.Lata culpa prope dolum est.
3.Lata culpa prope dolum est.
There is another degree of negligence which does not involve in it any sort of injustice. The person who is guilty of it treats his neighbour as he treats himself, means no harm to any body, and is far from entertaining any insolent contempt for the safety and happiness of others. He is not, however, so careful and circumspect in his conduct as he ought to be, and deserves upon this account some degree of blame and censure, but no sort of punishment. Yet if by a negligence[4]of this kind he should occasionsome damage to another person, he is by the laws of, I believe, all countries, obliged to compensate it. And though this is no doubt a real punishment, and what no mortal would have thought of inflicting upon him, had it not been for the unlucky accident which his conduct gave occasion to; yet this decision of the law is approved of by the natural sentiments of all mankind. Nothing, we think, can be more just than that one man should not suffer by the carelessness of another; and that the damage occasioned by blamable negligence should be made up by the person who was guilty of it.
4.Culpa levis.
4.Culpa levis.
There is another species of negligence[5], which consists merely in a want of the most anxious timidity and circumspection, with regard to all the possible consequences of our actions. The want of this painful attention, when no bad consequences follow from it, is so far from being regarded as blamable, that the contrary quality is rather considered as such. That timid circumspection which is afraid of every thing, is never regarded as a virtue, but as a quality which more than any other incapacitates for action and business. Yet when, from a want of this excessive care, a person happens to occasion some damage to another, he is often by the law obliged to compensate it. Thus, by the Aquilian law, the man, who not being able to manage a horse that had accidentally taken fright, should happen to ride down his neighbour’s slave, is obliged to compensate the damage. When an accident of this kind happens, we are apt to think that he ought not to have rode such a horse, and to regard his attempting it as an unpardonablelevity; though without this accident we should not only have made no such reflection, but should have regarded his refusing it as the effect of timid weakness, and of an anxiety about merely possible events, which it is to no purpose to be aware of. The person himself, who by an accident even of this kind has involuntarily hurt another, seems to have some sense of his own ill desert, with regard to him. He naturally runs up to the sufferer to express his concern for what has happened, and to make every acknowledgment in his power. If he has any sensibility, he necessarily desires to compensate the damage, and to do every thing he can to appease that animal resentment, which he is sensible will be apt to arise in the breast of the sufferer. To make no apology, to offer no atonement, is regarded as the highest brutality. Yet why should he make an apology more than any other person? Why should he, since he was equally innocent with any other by-stander, be thus singled out from among all mankind, to make up for the bad fortune of another? This task would surely never be imposed upon him, did not even the impartial spectator feel some indulgence for what may be regarded as the unjust resentment of that other.
5.Culpa levissima.
5.Culpa levissima.
CHAP. III.Of the final cause of this irregularity of sentiments.
Such is the effect of the good or bad consequence of actions upon the sentiments both of the person who performs them, and of others; and thus, Fortune, which governs the world, has some influence where we should be least willing to allow her any, and directs in some measure the sentiments of mankind, with regard to the character and conduct both of themselves and others. That the world judges by the event, and not by the design, has been in all ages the complaint, and is the great discouragement of virtue. Every body agrees to the general maxim, that as the event does not depend on the agent, it ought to have no influence upon your sentiments, with regard to the merit or propriety of his conduct. But when we come to particulars, we find that our sentiments are scarce in any one instance exactly conformable to what this equitable maxim would direct. The happy or unprosperous event of any action, is not only apt to give us a good or bad opinion of the prudence with which it was conducted, but almost always too animates our gratitude or resentment, our sense of the merit or demerit of the design.
Nature, however, when the implanted the seeds of this irregularity in the human breast, seems, as upon all other occasions, to have intended the happiness and perfection of the species. If the hurtfulness of the design, if the malevolence of the affection, were alone the causes which excited our resentment, we should feel all the furies of that passion against any person in whose breast we suspected or believed such designs or affections were harboured, though they had never broke out into any actions. Sentiments, thoughts, intentions, would become the objects of punishment; and if the indignation of mankind ran as high against them as against actions; if the baseness of the thought which had given birth to no action, seemed in the eyes of the world as much to call aloud for vengeance as the baseness of the action, every court of judicature would become a real inquisition. There would be no safety for the most innocent and circumspect conduct. Bad wishes, bad views, bad designs, might still be suspected; and while these excited the same indignation with bad conduct, while bad intentions were as much resented as bad actions, they would equally expose the person to punishment and resentment. Actions therefore which either produce actual evil, or attempt to produce it, and thereby put us in the immediate fear of it, are by the Author of nature rendered the only proper and approved objects of human punishment and resentment. Sentiments, designs, affections, though it is from these that according to cool reason human actions derive their whole merit or demerit, are placed by the great Judge of hearts beyond the limits of every human jurisdiction, and are reserved for the cognizance of his own unerring tribunal.That necessary rule of justice, therefore, that men in this life are liable to punishment for their actions only, not for their designs and intentions, is founded upon this salutary and useful irregularity in human sentiments concerning merit or demerit, which at first sight appears so absurd and unaccountable. But every part of nature, when attentively surveyed, equally demonstrates the providential care of its Author, and we may admire the wisdom and goodness of God even in the weakness and folly of men.
Nor is that irregularity of sentiments altogether without its utility, by which the merit of an unsuccessful attempt to serve, and much more that of mere good inclinations and kind wishes, appears to be imperfect. Man was made for action, and to promote by the exertion of his faculties such changes in the external circumstances both of himself and others, as may seem most favourable to the happiness of all. He must not be satisfied with indolent benevolence, nor fancy himself the friend of mankind, because in his heart he wishes well to the prosperity of the world. That he may call forth the whole vigour of his soul, and strain every nerve, in order to produce those ends which it is the purpose of his being to advance, Nature has taught him, that neither himself nor mankind can be fully satisfied with his conduct, nor bestow upon it the full measure of applause, unless he has actually produced them. He is made to know, that the praise of good intentions, without the merit of good offices, will be but of little avail to excite either the loudest acclamations of the world, or even the highest degree of self-applause. The man who has performed no single action of importance, but whose whole conversationand deportment express the justest, the noblest, and most generous sentiments, can be entitled to demand no very high reward, even though his inutility should be owing to nothing but the want of an opportunity to serve. We can still refuse it him without blame. We can still ask him, what have you done? What actual service can you produce, to entitle you to so great a recompense? We esteem you, and love you; but we owe you nothing. To reward indeed that latent virtue which has been useless only for want of an opportunity to serve, to bestow upon it those honours and preferments, which, though in some measure it may be said to deserve them, it could not with propriety have insisted upon, is the effect of the most divine benevolence. To punish, on the contrary, for the affections of the heart only, where no crime has been committed, is the most insolent and barbarous tyranny. The benevolent affections seem to deserve most praise, when they do not wait till it becomes almost a crime for them not to exert themselves. The malevolent, on the contrary, can scarce be too tardy, too slow, or deliberate.
It is even of use that the evil which is done without design should be regarded as a misfortune to the doer as well as to the sufferer. Man is thereby taught to reverence the happiness of his brethren, to tremble lest he should, even unknowingly, do any thing that can hurt them, and to dread that animal resentment which he feels is ready to burst out against him, if he should without design be the unhappy instrument of their calamity.
Notwithstanding, however, all these seeming irregularities of sentiment, if man should unfortunatelyeither give occasion to those evils which he did not intend, or fail in producing that good which he intended, nature has not left his innocence altogether without consolation, nor his virtue altogether without reward. He then calls to his assistance that just and equitable maxim, that those events which did not depend upon our conduct ought not to diminish the esteem that is due to us. He summons up his whole magnanimity and firmness of soul, and strives to regard himself, not in the light in which he at present appears, but in that in which he ought to appear, in which he would have appeared had his generous designs been crowned with success, and in which he would still appear, notwithstanding their miscarriage, if the sentiments of mankind were either altogether candid and equitable, or even perfectly consistent with themselves. The more candid and humane part of mankind entirely go along with the efforts which he thus makes to support himself in his own opinion. They exert their whole generosity and greatness of mind, to correct in themselves this irregularity of human nature, and endeavour to regard his unfortunate magnanimity in the same light in which, had it been successful, they would, without any such generous exertion, have naturally been disposed to consider it.