The same species of reasoning it may be thought, which so successfully exposes superst.i.tion, 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 circ.u.mstance, which is the foundation of the sentiment.

But there is this material difference between SUPERSt.i.tION 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 circ.u.mstance (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 superst.i.tion. 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 never transfers property, nor causes the obligation of a promise (for the same reasoning extends to both), but the will must be expressed by words or signs, in order to impose a tie upon any man. The expression being once brought in as subservient to the will, soon becomes the princ.i.p.al part of the promise; nor will a man be less bound by his word, though he secretly give a different direction to his intention, and withhold the a.s.sent 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 should make use of any expression, of which he knows not the meaning, and which he uses without any sense of the consequences, would not certainly be bound by it. Nay, though he know its meaning, yet if he use it in jest only, and with such signs as evidently show, that he has no serious intention of binding himself, he would not lie under any obligation of performance; but it is necessary, that the words be a perfect expression of the will, without any contrary signs. Nay, even this we must not carry so far as to imagine, that one, whom, by our quickness of understanding, we conjecture, from certain signs, to have an intention of deceiving us, is not bound by his expression or verbal promise, if we accept of it; but must limit this conclusion to those cases where the signs are of a different nature from those of deceit. All these contradictions are easily accounted for, if justice arise entirely from its usefulness to society; but will never be explained on any other hypothesis.

It is remarkable that the moral decisions of the JESUITS and other relaxed casuists, were commonly formed in prosecution of some such subtilties of reasoning as are here pointed out, and proceed as much from the habit of scholastic refinement as from any corruption of the heart, if we may follow the authority of Mons. Bayle. See his Dictionary, article Loyola. And why has the indignation of mankind risen so high against these casuists; but because every one perceived, that human society could not subsist were such practices authorized, and that morals must always be handled with a view to public interest, more than philosophical regularity? If the secret direction of the intention, said every man of sense, could invalidate a contract; where is our security?

And yet a metaphysical schoolman might think, that, where an intention was supposed to be requisite, if that intention really had not place, no consequence ought to follow, and no obligation be imposed. The casuistical subtilties may not be greater than the snbtilties of lawyers, hinted at above; but as the former are PERNICIOUS, and the latter INNOCENT and even NECESSARY, this is the reason of the very different reception they meet with from the world.

It is a doctrine of the Church of Rome, that the priest, by a secret direction of his intention, can invalidate any sacrament. This position is 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 not admitted in reasonings concerning civil contracts, where the affair is allowed to be of so much less consequence than the eternal salvation of thousands, it proceeds entirely from men's sense of the danger and inconvenience of the doctrine in the former case: And we may thence observe, that however positive, arrogant, and dogmatical any superst.i.tion may appear, it never can convey any thorough persuasion of the reality of its objects, or put them, in any degree, on a balance with the common incidents of life, which we learn from daily observation and 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 appet.i.tes, resentment, love of life, attachment to offspring, and other pa.s.sions, 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 inst.i.tutions 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 inst.i.tution of property.

How great soever the variety of munic.i.p.al 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 circ.u.mstance 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.].

SECTION IV.

OF POLITICAL SOCIETY.

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 t.i.tle of Laws of Nations. Of this kind are, the sacredness of the person of amba.s.sadors, 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 a.s.sociation of individuals; and that a.s.sociation 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 chast.i.ty 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 the objections 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]. And this maxim will admit of no doubt, where public utility is concerned, which is Plato's meaning. And indeed to what other purpose do all the ideas of chast.i.ty and modesty serve? "Nisi utile est quod facimus, frustra est gloria," says Phaedrus. [Greek quotation here], says Plutarch, de vitioso pudore. "Nihil eorum quae d.a.m.nosa sunt, pulchrum est." The same was the opinion of the Stoics [Greek quotation here; from Sept. Emp lib III cap 20].

An infidelity of this nature is much more PERNICIOUS in WOMEN than in MEN. Hence the laws of chast.i.ty are much stricter over the one s.e.x 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 a.s.sociations 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 chast.i.ty, 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 s.e.xes. 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 pa.s.sing 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 pa.s.s 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 a.n.a.logy like many of the reasonings of lawyers.

[Footnote: That the lighter machine yield to the heavier, and, in machines of the same kind, that the empty yield to the loaded; this rule is founded on convenience. That those who are going to the capital take place of those who are coming from it; this seems to be founded on some idea of dignity of the great city, and of the preference of the future to the past. From like reasons, among foot-walkers, the right-hand ent.i.tles a man to the wall, and prevents jostling, which peaceable people 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.

SECTION V. WHY UTILITY PLEASES.