Books: An Enquiry Concerning the Principles of Morals
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David Hume >> An Enquiry Concerning the Principles of Morals
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How considerable a PART of their merit we ought to ascribe to
their utility, will better appear from future disquisitions;
[Footnote: Sect. III. and IV.] as well as the reason, why this
circumstance has such a command over our esteem and approbation.
[Footnote: Sect. V.]
SECTION III.
OF JUSTICE.
PART I.
THAT Justice is useful to society, and consequently that PART of
its merit, at least, must arise from that consideration, it would
be a superfluous undertaking to prove. That public utility is the
SOLE origin of justice, and that reflections on the beneficial
consequences of this virtue are the SOLE foundation of its merit;
this proposition, being more curious and important, will better
deserve our examination and enquiry.
Let us suppose that nature has bestowed on the human race such
profuse ABUNDANCE of all EXTERNAL conveniencies, that, without
any uncertainty in the event, without any care or industry on our
part, every individual finds himself fully provided with whatever
his most voracious appetites can want, or luxurious imagination
wish or desire. His natural beauty, we shall suppose, surpasses
all acquired ornaments: the perpetual clemency of the seasons
renders useless all clothes or covering: the raw herbage affords
him the most delicious fare; the clear fountain, the richest
beverage. No laborious occupation required: no tillage: no
navigation. Music, poetry, and contemplation form his sole
business: conversation, mirth, and friendship his sole amusement.
It seems evident that, in such a happy state, every other social
virtue would flourish, and receive tenfold increase; but the
cautious, jealous virtue of justice would never once have been
dreamed of. For what purpose make a partition of goods, where
every one has already more than enough? Why give rise to
property, where there cannot possibly be any injury? Why call
this object MINE, when upon the seizing of it by another, I need
but stretch out my hand to possess myself to what is equally
valuable? Justice, in that case, being totally useless, would be
an idle ceremonial, and could never possibly have place in the
catalogue of virtues.
We see, even in the present necessitous condition of mankind,
that, wherever any benefit is bestowed by nature in an unlimited
abundance, we leave it always in common among the whole human
race, and make no subdivisions of right and property. Water and
air, though the most necessary of all objects, are not challenged
as the property of individuals; nor can any man commit injustice
by the most lavish use and enjoyment of these blessings. In
fertile extensive countries, with few inhabitants, land is
regarded on the same footing. And no topic is so much insisted on
by those, who defend the liberty of the seas, as the unexhausted
use of them in navigation. Were the advantages, procured by
navigation, as inexhaustible, these reasoners had never had any
adversaries to refute; nor had any claims ever been advanced of a
separate, exclusive dominion over the ocean.
It may happen, in some countries, at some periods, that there be
established a property in water, none in land [Footnote: Genesis,
cbaps. xiii. and xxi.]; if the latter be in greater abundance
than can be used by the inhabitants, and the former be found,
with difficulty, and in very small quantities.
Again; suppose, that, though the necessities of human race
continue the same as at present, yet the mind is so enlarged, and
so replete with friendship and generosity, that every man has the
utmost tenderness for every man, and feels no more concern for
his own interest than for that of his fellows; it seems evident,
that the use of justice would, in this case, be suspended by such
an extensive benevolence, nor would the divisions and barriers of
property and obligation have ever been thought of. Why should I
bind another, by a deed or promise, to do me any good office,
when I know that he is already prompted, by the strongest
inclination, to seek my happiness, and would, of himself, perform
the desired service; except the hurt, he thereby receives, be
greater than the benefit accruing to me? in which case, he knows,
that, from my innate humanity and friendship, I should be the
first to oppose myself to his imprudent generosity. Why raise
landmarks between my neighbour's field and mine, when my heart
has made no division between our interests; but shares all his
joys and sorrows with the same force and vivacity as if
originally my own? Every man, upon this supposition, being a
second self to another, would trust all his interests to the
discretion of every man; without jealousy, without partition,
without distinction. And the whole human race would form only one
family; where all would lie in common, and be used freely,
without regard to property; but cautiously too, with as entire
regard to the necessities of each individual, as if our own
interests were most intimately concerned.
In the present disposition of the human heart, it would, perhaps,
be difficult to find complete instances of such enlarged
affections; but still we may observe, that the case of families
approaches towards it; and the stronger the mutual benevolence is
among the individuals, the nearer it approaches; till all
distinction of property be, in a great measure, lost and
confounded among them. Between married persons, the cement of
friendship is by the laws supposed so strong as to abolish all
division of possessions; and has often, in reality, the force
ascribed to it. And it is observable, that, during the ardour of
new enthusiasms, when every principle is inflamed into
extravagance, the community of goods has frequently been
attempted; and nothing but experience of its inconveniencies,
from the returning or disguised selfishness of men, could make
the imprudent fanatics adopt anew the ideas of justice and of
separate property. So true is it, that this virtue derives its
existence entirely from its necessary USE to the intercourse and
social state of mankind.
To make this truth more evident, let us reverse the foregoing
suppositions; and carrying everything to the opposite extreme,
consider what would be the effect of these new situations.
Suppose a society to fall into such want of all common
necessaries, that the utmost frugality and industry cannot
preserve the greater number from perishing, and the whole from
extreme misery; it will readily, I believe, be admitted, that the
strict laws of justice are suspended, in such a pressing
emergence, and give place to the stronger motives of necessity
and self-preservation. Is it any crime, after a shipwreck, to
seize whatever means or instrument of safety one can lay hold of,
without regard to former limitations of property? Or if a city
besieged were perishing with hunger; can we imagine, that men
will see any means of preservation before them, and lose their
lives, from a scrupulous regard to what, in other situations,
would be the rules of equity and justice? The use and tendency of
that virtue is to procure happiness and security, by preserving
order in society: but where the society is ready to perish from
extreme necessity, no greater evil can be dreaded from violence
and injustice; and every man may now provide for himself by all
the means, which prudence can dictate, or humanity permit. The
public, even in less urgent necessities, opens granaries, without
the consent of proprietors; as justly supposing, that the
authority of magistracy may, consistent with equity, extend so
far: but were any number of men to assemble, without the tie of
laws or civil jurisdiction; would an equal partition of bread in
a famine, though effected by power and even violence, be regarded
as criminal or injurious?
Suppose likewise, that it should be a virtuous man's fate to fall
into the society of ruffians, remote from the protection of laws
and government; what conduct must he embrace in that melancholy
situation? He sees such a desperate rapaciousness prevail; such a
disregard to equity, such contempt of order, such stupid
blindness to future consequences, as must immediately have the
most tragical conclusion, and must terminate in destruction to
the greater number, and in a total dissolution of society to the
rest. He, meanwhile, can have no other expedient than to arm
himself, to whomever the sword he seizes, or the buckler, may
belong: To make provision of all means of defence and security:
And his particular regard to justice being no longer of use to
his own safety or that of others, he must consult the dictates of
self-preservation alone, without concern for those who no longer
merit his care and attention.
When any man, even in political society, renders himself by his
crimes, obnoxious to the public, he is punished by the laws in
his goods and person; that is, the ordinary rules of justice are,
with regard to him, suspended for a moment, and it becomes
equitable to inflict on him, for the BENEFIT of society, what
otherwise he could not suffer without wrong or injury.
The rage and violence of public war; what is it but a suspension
of justice among the warring parties, who perceive, that this
virtue is now no longer of any USE or advantage to them? The laws
of war, which then succeed to those of equity and justice, are
rules calculated for the ADVANTAGE and UTILTIY of that particular
state, in which men are now placed. And were a civilized nation
engaged with barbarians, who observed no rules even of war, the
former must also suspend their observance of them, where they no
longer serve to any purpose; and must render every action or
recounter as bloody and pernicious as possible to the first
aggressors.
Thus, the rules of equity or justice depend entirely on the
particular state and condition in which men are placed, and owe
their origin and existence to that utility, which results to the
public from their strict and regular observance. Reverse, in any
considerable circumstance, the condition of men: Produce extreme
abundance or extreme necessity: Implant in the human breast
perfect moderation and humanity, or perfect rapaciousness and
malice: By rendering justice totally USELESS, you thereby totally
destroy its essence, and suspend its obligation upon mankind. The
common situation of society is a medium amidst all these
extremes. We are naturally partial to ourselves, and to our
friends; but are capable of learning the advantage resulting from
a more equitable conduct. Few enjoyments are given us from the
open and liberal hand of nature; but by art, labour, and
industry, we can extract them in great abundance. Hence the ideas
of property become necessary in all civil society: Hence justice
derives its usefulness to the public: And hence alone arises its
merit and moral obligation.
These conclusions are so natural and obvious, that they have not
escaped even the poets, in their descriptions of the felicity
attending the golden age or the reign of Saturn. The seasons, in
that first period of nature, were so temperate, if we credit
these agreeable fictions, that there was no necessity for men to
provide themselves with clothes and houses, as a security against
the violence of heat and cold: The rivers flowed with wine and
milk: The oaks yielded honey; and nature spontaneously produced
her greatest delicacies. Nor were these the chief advantages of
that happy age. Tempests were not alone removed from nature; but
those more furious tempests were unknown to human breasts, which
now cause such uproar, and engender such confusion. Avarice,
ambition, cruelty, selfishness, were never heard of: Cordial
affection, compassion, sympathy, were the only movements with
which the mind was yet acquainted. Even the punctilious
distinction of MINE and THINE was banished from among the happy
race of mortals, and carried with it the very notion of property
and obligation, justice and injustice.
This POETICAL fiction of the GOLDEN AGE, is in some respects, of
a piece with the PHILOSOPHICAL fiction of the STATE OF NATURE;
only that the former is represented as the most charming and most
peaceable condition, which can possibly be imagined; whereas the
latter is painted out as a state of mutual war and violence,
attended with the most extreme necessity. On the first origin of
mankind, we are told, their ignorance and savage nature were so
prevalent, that they could give no mutual trust, but must each
depend upon himself and his own force or cunning for protection
and security. No law was heard of: No rule of justice known: No
distinction of property regarded: Power was the only measure of
right; and a perpetual war of all against all was the result of
men's untamed selfishness and barbarity.
[Footnote: This fiction of a state of nature, as a state of war,
was not first started by Mr. Hobbes, as is commonly imagined.
Plato endeavours to refute an hypothesis very like it in the
second, third, and fourth books de republica. Cicero, on the
contrary, supposes it certain and universally acknowledged in the
following passage. 'Quis enim vestrum, judices, ignorat, ita
naturam rerum tulisse, ut quodam tempore homines, nondum neque
naturali neque civili jure descripto, fusi per agros ac dispersi
vagarentur tantumque haberent quantum manu ac viribus, per caedem
ac vulnera, aut eripere aut retinere potuissent? Qui igitur primi
virtute & consilio praestanti extiterunt, ii perspecto genere
humanae docilitatis atque ingenii, dissipatos unum in locum
congregarunt, eosque ex feritate illa ad justitiam ac
mansuetudinem transduxerunt. Tum res ad communem utilitatem, quas
publicas appellamus, tum conventicula hominum, quae postea
civitates nominatae sunt, tum domicilia conjuncta, quas urbes
dicamus, invento & divino & humano jure moenibus sepserunt. Atque
inter hanc vitam, perpolitam humanitate, & llam immanem, nihil
tam interest quam JUS atque VIS. Horum utro uti nolimus, altero
est utendum. Vim volumus extingui. Jus valeat necesse est, idi
est, judicia, quibus omne jus continetur. Judicia displicent, ant
nulla sunt. Vis dominetur necesse est. Haec vident omnes.' Pro
Sext. sec. 42.]
Whether such a condition of human nature could ever exist, or if
it did, could continue so long as to merit the appellation of a
STATE, may justly be doubted. Men are necessarily born in a
family-society, at least; and are trained up by their parents to
some rule of conduct and behaviour. But this must be admitted,
that, if such a state of mutual war and violence was ever real,
the suspension of all laws of justice, from their absolute
inutility, is a necessary and infallible consequence.
The more we vary our views of human life, and the newer and more
unusual the lights are in which we survey it, the more shall we
be convinced, that the origin here assigned for the virtue of
justice is real and satisfactory.
Were there a species of creatures intermingled with men, which,
though rational, were possessed of such inferior strength, both
of body and mind, that they were incapable of all resistance, and
could never, upon the highest provocation, make us feel the
effects of their resentment; the necessary consequence, I think,
is that we should be bound by the laws of humanity to give gentle
usage to these creatures, but should not, properly speaking, lie
under any restraint of justice with regard to them, nor could
they possess any right or property, exclusive of such arbitrary
lords. Our intercourse with them could not be called society,
which supposes a degree of equality; but absolute command on the
one side, and servile obedience on the other. Whatever we covet,
they must instantly resign: Our permission is the only tenure, by
which they hold their possessions: Our compassion and kindness
the only check, by which they curb our lawless will: And as no
inconvenience ever results from the exercise of a power, so
firmly established in nature, the restraints of justice and
property, being totally USELESS, would never have place in so
unequal a confederacy.
This is plainly the situation of men, with regard to animals; and
how far these may be said to possess reason, I leave it to others
to determine. The great superiority of civilized Europeans above
barbarous Indians, tempted us to imagine ourselves on the same
footing with regard to them, and made us throw off all restraints
of justice, and even of humanity, in our treatment of them. In
many nations, the female sex are reduced to like slavery, and are
rendered incapable of all property, in opposition to their lordly
masters. But though the males, when united, have in all countries
bodily force sufficient to maintain this severe tyranny, yet such
are the insinuation, address, and charms of their fair companions,
that women are commonly able to break the confederacy, and share
with the other sex in all the rights and privileges of society.
Were the human species so framed by nature as that each
individual possessed within himself every faculty, requisite both
for his own preservation and for the propagation of his kind:
Were all society and intercourse cut off between man and man, by
the primary intention of the supreme Creator: It seems evident,
that so solitary a being would be as much incapable of justice,
as of social discourse and conversation. Where mutual regards and
forbearance serve to no manner of purpose, they would never
direct the conduct of any reasonable man. The headlong course of
the passions would be checked by no reflection on future
consequences. And as each man is here supposed to love himself
alone, and to depend only on himself and his own activity for
safety and happiness, he would, on every occasion, to the utmost
of his power, challenge the preference above every other being,
to none of which he is bound by any ties, either of nature or of
interest. But suppose the conjunction of the sexes to be
established in nature, a family immediately arises; and
particular rules being found requisite for its subsistence, these
are immediately embraced; though without comprehending the rest
of mankind within their prescriptions. Suppose that several
families unite together into one society, which is totally
disjoined from all others, the rules, which preserve peace and
order, enlarge themselves to the utmost extent of that society;
but becoming then entirely useless, lose their force when carried
one step farther. But again suppose, that several distinct
societies maintain a kind of intercourse for mutual convenience
and advantage, the boundaries of justice still grow larger, in
proportion to the largeness of men's views, and the force of
their mutual connexions. History, experience, reason sufficiently
instruct us in this natural progress of human sentiments, and in
the gradual enlargement of our regards to justice, in proportion
as we become acquainted with the extensive utility of that
virtue.
PART II.
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.
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