Enquiry concerning Political Justice, and its Influence on General Virtue and Happiness, by William Godwin

Book II

Principals of Society

Chapter I

Introduction

Nature of the enquiry. — Connection of politics and morals. — Mistakes to which the enquiry has been exposed. — Distinction between society and government.

IN the preceding book we have cleared the foundations for the remaining branches of enquiry, and shown what are the prospects it is reasonable to entertain as to future political improvement. The effects which are produced by positive institutions have there been delineated, as well as the extent of the powers of man, considered in his social capacity. It is time that we proceed to those disquisitions which are more immediately the object of the present work.

Political enquiry may be distributed under two heads: first, what are the regulations which will conduce to the well being of man in society; and, secondly, what is the authority which is competent to prescribe regulations.

The regulations to which the conduct of men living in society ought to be conformed may be considered in two ways: first, those moral laws which are enjoined upon us by the dictates of enlightened reason; and, secondly, those principles a deviation from which the interest of the community may be supposed to render it proper to repress by sanctions and punishment.

Morality is that system of conduct which is determined by a consideration of the greatest general good: he is entitled to the highest moral approbation whose conduct is, in the greatest number of instances, or in the most momentous instances, governed by views of benevolence, and made subservient to public utility. In like manner the only regulations which any political authority can be justly entitled to enforce are such as are best adapted to public utility. Consequently, just political regulations are nothing more than a certain select part of moral law. The supreme power in a state ought not, in the strictest sense, to require anything of its members that an understanding sufficiently enlightened would not prescribe without such interference.24

These considerations seem to lead to the detection of a mistake which has been very generally committed by political writers of our own country. They have for the most part confined their researches to the question of What is a just political authority or the most eligible form of government, consigning to others the delineation of right principles of conduct and equitable regulations. But there appears to be something preposterous in this mode of proceeding. A well constituted government is only the means for enforcing suitable regulations. One form of government is preferable to another in exact proportion to the security it affords that nothing shall be done in the name of the community which is not conducive to the welfare of the whole. The question therefore, What it is which is thus conducive, is upon every account entitled to the first place in our disquisitions.

One of the ill consequences which have resulted from this distorted view of the science of politics is a notion very generally entertained, that a community, or society of men, has a right to lay down whatever rules it may think proper for its own observance. This will presently be proved to be an erroneous position.25 It may be prudent in an individual to submit in some cases to the usurpation of a majority; it may be unavoidable in a community to proceed upon the imperfect and erroneous views they shall chance to entertain: but this is a misfortune entailed upon us by the nature of government, and not a matter of right.26

A second ill consequence that has arisen from this proceeding is that, politics having been thus violently separated from morality, government itself has no longer been compared with its true criterion. Instead of enquiring what species of government was most conducive to the public welfare, an unprofitable disquisition has been instituted respecting the probable origin of government; and its different forms have been estimated, not by the consequences with which they were pregnant, but the source from which they sprung. Hence men have been prompted to look back to the folly of their ancestors, rather than forward to the benefits derivable from the improvements of human knowledge. Hence, in investigating their rights, they have recurred less to the great principles of morality than to the records and charters of a barbarous age. As if men were not entitled to all the benefits of the social state till they could prove their inheriting them from some bequest of their distant progenitors. As if men were not as justifiable and meritorious in planting liberty in a soil in which it had never existed as in restoring it where it could be proved only to have suffered a temporary suspension.

The reasons here assigned strongly tend to evince the necessity of establishing the genuine principles of society, before we enter upon the direct consideration of government. It may be proper in this place to state the fundamental distinction which exists between these topics of enquiry. Man associated at first for the sake of mutual assistance. They did not foresee that any restraint would be necessary to regulate the conduct of individual members of the society towards each other, or towards the whole. The necessity of restraint grew out of the errors and perverseness of a few. An acute writer has expressed this idea with peculiar felicity "Society and government," says he, "are different in themselves, and have different origins. Society is produced by our wants, and government by our wickedness. Society is in every state a blessing; government even in its best state but a necessary evil."27

24 Chap. V, of the following Book.

25 Chap. V, of this Book.

26 Chap. V.

27 Paine's Common Sense, p. 1.

Chapter II

Of Justice

Extent and meaning of justice. — Subject of justice: mankind. — Its distribution by the capacity of its subject. — by his usefulness. — Self-love considered. — Family affection. — Gratitude. — Objections: from ignorance — from utility. An exception stated. — Remark. — Degrees of justice. — Application. — Idea of political justice.

FROM what has been said it appears, that the subject of our present enquiry is strictly speaking a department of the science of morals. Morality is the source from which its fundamental axioms must be drawn, and they will be made somewhat clearer in the present instance, if we assume the term justice as a general appellation for all moral duty.

That this appellation is sufficiently expressive of the subject will appear, if we examine mercy, gratitude, temperance, or any of those duties which, in looser speaking, are contradistinguished from justice. Why should I pardon this criminal, remunerate this favour, or abstain from this indulgence? If it partake of the nature of morality, it must be either right or wrong, just or unjust. It must tend to the benefit of the individual, either without trenching upon, or with actual advantage to the mass of individuals. Either way it benefits the whole, because individuals are parts of the whole. Therefore to do it is just, and to forbear it is unjust. By justice I understand that impartial treatment of every man in matters that relate to his happiness, which is measured solely by a consideration of the properties of the receiver, and the capacity of him that bestows. Its principle therefore is, according to a well known phrase, to be "no respecter of persons."

Considerable light will probably be thrown upon our investigation, if, quitting for the present the political view, we examine justice merely as it exists among individuals. Justice is a rule of conduct originating in the connection of one percipient being with another. A comprehensive maxim which has been laid down upon the subject is "that we should love our neighbour as ourselves." But this maxim, though possessing considerable merit as a popular principle, is not modeled with the strictness of philosophical accuracy.

In a loose and general view I and my neighbour are both of us men; and of consequence entitled to equal attention. But, in reality, it is probable that one of us is a being of more worth and importance than the other. A man is of more worth than a beast; because, being possessed of higher faculties, he is capable of a more refined and genuine happiness. In the same manner the illustrious archbishop of Cambray was of more worth than his valet, and there are few of us that would hesitate to pronounce, if his palace were in flames, and the life of only one of them could be preserved, which of the two ought to be preferred.

But there is another ground of preference, beside the private consideration of one of them being further removed from the state of a mere animal. We are not connected with one or two percipient beings, but with a society, a nation, and in some sense with the whole family of mankind. Of consequence that life ought to be preferred which will be most conducive to the general good. In saving the life of Fenelon, suppose at the moment he conceived the project of his immortal Telemachus, should have been promoting the benefit of thousands, who have been cured by the perusal of that work of some error, vice and consequent unhappiness. Nay, my benefit would extend further than this; for every individual, thus cured, has become a better member of society, and has contributed in his turn to the happiness, information, and improvement of others.

Suppose I had been myself the valet; I ought to have chosen to die, rather than Fenelon should have died. The life of Fenelon was really preferable to that of the valet. But understanding is the faculty that perceives the truth of this and similar propositions; and justice is the principle that regulates my conduct accordingly. It would have been just in the valet to have preferred the archbishop to himself. To have done otherwise would have been a breach of justice.28

Suppose the valet had been my brother, my father, or my benefactor. This would not alter the truth of the proposition. The life of Fenelon would still be more valuable than that of the valet; and justice, pure, unadulterated justice, would still have preferred that which was most valuable. Justice would have taught me to save the life of Fenelon at the expense of the other. What magic is there in the pronoun "my," that should justify us in overturning the decisions of impartial truth? My brother or my father may be a fool or a profligate, malicious, lying or dishonest. If they be, of what consequence is it that they are mine?

"But to my father I am indebted for existence; he supported me in the helplessness of infancy." When he first subjected himself to the necessity of these cares, he was probably influenced by no particular motives of benevolence to his future offspring. Every voluntary benefit however entitles the bestower to some kindness and retribution. Why? Because a voluntary benefit is an evidence of benevolent intention, that is, in a certain degree, of virtue. It is the disposition of the mind, not the external action separately taken, that entitles to respect. But the merit of this disposition is equal, whether the benefit were conferred upon me or upon another. I and another man cannot both be right in preferring our respective benefactors, for my benefactor cannot be at the same time both better and worse than his neighbour. My benefactor ought to be esteemed, not because he bestowed a benefit upon me, but because he bestowed it upon a human being. His desert will be in exact proportion to the degree in which that human being was worthy of the distinction conferred.

Thus every view of the subject brings us back to the consideration of my neighbour's moral worth, and his importance to the general weal, as the only standard to determine the treatment to which he is entitled. Gratitude therefore, if by gratitude we understand a sentiment of preference which I entertain towards another, upon the ground of my having been the subject of his benefits, is no part either of justice or virtue.29

It may be objected, "that my relation, my companion, or my benefactor, will of course in many instances obtain an uncommon portion of my regard: for, not being universally capable of discriminating the comparative worth of different men, I shall inevitably judge most favourably of him of whose virtues I have received the most unquestionable proofs; and thus shall be compelled to prefer the man of moral worth whom I know, to another who may possess, unknown to me, an essential superiority."

This compulsion however is founded only in the imperfection of human nature. It may serve as an apology for my error, but can never change error into truth. It will always remain contrary to the strict and universal decisions of justice. The difficulty of conceiving this, is owing merely to our confounding the disposition from which an action is chosen, with the action itself. The disposition that would prefer virtue to vice, and a greater degree of virtue to a less, is undoubtedly a subject of approbation; the erroneous exercise of this disposition, by which a wrong object is selected, if unavoidable, is to be deplored, but can by no colouring and under no denomination be converted into right.30

It may in the second place be objected, "that a mutual commerce of benefits tends to increase the mass of benevolent action, and that to increase the mass of benevolent action is to contribute to the general good." Indeed! Is the general good promoted by falsehood, by treating a man of one degree of worth as if he had ten times that worth? or as if he were in any degree different from what he really is? Would not the most beneficial consequences result from a different plan; from my constantly and carefully enquiring into the deserts of all those with whom I am connected, and from their being sure, after a certain allowance for the fallibility of human judgement, of being treated by me exactly as they deserved? Who can describe the benefits that would result from such a plan of conduct, if universally adopted?

It would perhaps tend to make the truth in this respect more accurately understood to consider that, whereas the received morality teaches me to be grateful, whether in affection or in act, for benefits conferred on myself, the reasonings here delivered, without removing the tie upon me from personal benefits (except where benefit is conferred from an unworthy motive), multiply the obligation, and enjoin me to be also grateful for benefits conferred upon others. My obligation towards my benefactor, supposing his benefit to be justly conferred, is in no sort dissolved; nor can anything authorize me to supersede it but the requisition of a superior duty. That which ties me to my benefactor, upon these principles, is the moral worth he has displayed; and it will frequently happen that I shall be obliged to yield him the preference, because, while other competitors may be of greater worth, the evidence I have of the worth of my benefactor is more complete.

There seems to be more truth in the argument, derived chiefly from the prevailing modes of social existence, in favour of my providing, in ordinary cases, for my wife and children, my brothers and relations, before I provide for strangers, than in those which have just been examined. As long as the providing for individuals is conducted with its present irregularity and caprice, it seems as if there must be a certain distribution of the class needing superintendence and supply, among the class affording it; that each man may have his claim and resource. But this argument is to be admitted with great caution. It belongs only to ordinary cases; and cases of a higher order, or a more urgent necessity, will perpetually occur in competition with which these will be altogether impotent. We must be severely scrupulous in measuring the quantity of supply; and, with respect to money in particular, should remember how little is yet understood of the true mode of employing it for the public benefit.

Nothing can be less exposed to reasonable exception than these principles. If there be such a thing as virtue, it must be placed in a conformity to truth, and not to error. It cannot be virtuous that I should esteem a man, that is, consider him as possessed of estimable qualities, when in reality he is destitute of them. It surely cannot conduce to the benefit of mankind that each man should have a different standard of moral Judgement, and preference, and that the standard of all should vary from that of reality. Those who teach this impose the deepest disgrace upon virtue. They assert in other words that, when men cease to be deceived, when the film is removed from their eyes, and they see things as they are, they will cease to be either good or happy. Upon the system opposite to theirs, the soundest criterion of virtue is to put ourselves in the place of an impartial spectator, of an angelic nature, suppose, beholding us from an elevated station, and uninfluenced by our prejudices, conceiving what would be his estimate of the intrinsic circumstances of our neighbour, and acting accordingly.

Having considered the persons with whom justice is conversant, let us next enquire into the degree in which we are obliged to consult the good of others. And here, upon the very same reasons, it will follow that it is just I should do all the good in my power. Does a person in distress apply to me for relief? It is my duty to grant it, and I commit a breach of duty in refusing. If this principle be not of universal application, it is because, in conferring a benefit upon an individual, I may in some instances inflict an injury of superior magnitude upon myself or society. Now the same justice that binds me to any individual of my fellow men binds me to the whole. If, while I confer a benefit upon one man, it appear, in striking an equitable balance, that I am injuring the whole, my action ceases to be right, and becomes absolutely wrong. But how much am I bound to do for the general weal, that is, for the benefit of the individuals of whom the whole is composed? Everything in my power. To the neglect of the means of my own existence? No; for I am myself a part of the whole. Beside, it will rarely happen that the project of doing for others everything in my power will not demand for its execution the preservation of my own existence; or in other words, it will rarely happen that I cannot do more good in twenty years than in one. If the extraordinary case should occur in which I can promote the general good by my death more than by my life, justice requires that I should be content to die. In other cases, it will usually be incumbent on me to maintain my body and mind in the utmost vigour, and in the best condition for service.31

Suppose, for example, that it is right for one man to possess a greater portion of property than another, whether as the fruit of his industry, or the inheritance of his ancestors. Justice obliges him to regard this property as a trust, and calls upon him maturely to consider in what manner it may be employed for the increase of liberty, knowledge and virtue. He has no right to dispose of a shilling of it at the suggestion of his caprice. So far from being entitled to well earned applause, for having employed some scanty pittance in the service of philanthropy, he is in the eye of justice a delinquent if he withhold any portion from that service. Could that portion have been better or more worthily employed? That it could is implied in the very terms of the proposition. Then it was just it should have been so employed.

In the same manner as my property, I hold my person as a trust in behalf of mankind. I am bound to employ my talents, my understanding, my strength and my time, for the production of the greatest quantity of general good. Such are the declarations of justice, so great is the extent of my duty.

But justice is reciprocal. If it be just that I should confer a benefit, it is just that another man should receive it, and, if I withhold from him that to which he is entitled, he may justly complain. My neighbour is in want of ten pounds that I can spare There is no law of political institution to reach this case, and transfer the property from me to him. But in a passive sense, unless it can be shown that the money can be more beneficently employed, his right is as complete (though actively he have not the same right, or rather duty, to possess himself of it) as if he had my bond in his possession, or had supplied me with goods to the amount.32

To this it has sometimes been answered "that there is more than one person who stands in need of the money I have to spare, and of consequence I must be at liberty to bestow it as I please." By no means. If only one person offer himself to my knowledge or search, to me there is but one. Those others that I cannot find belong to other rich men to assist (every man is in reality rich who has more than his just occasions demand), and not to me. If more than one person offer, I am obliged to balance their claims, and conduct myself accordingly. It is scarcely possible that two men should have an exactly equal claim, or that I should be equally certain respecting the claim of the one as of the other.

It is therefore impossible for me to confer upon any man a favour; I can only do him right. Whatever deviates from the law of justice, though it should be done in the favour of some individual or some part of the general whole, is so much subtracted from the general stock, so much of absolute injustice.

The reasonings here alleged, are sufficient clearly to establish the competence of justice as a principle of deduction in all cases of moral enquiry. They are themselves rather of the nature of illustration and example, and, if error be imputable to them in particulars, this will not invalidate the general conclusion, the propriety of applying moral justice as a criterion in the investigation of political truth.

Society is nothing more than an aggregation of individuals. Its claims and duties must be the aggregate of their claims and duties, the one no more precarious and arbitrary than the other. What has the society a right to require from me? The question is already answered: everything that it is my duty to do. Anything more? Certainly not. Can it change eternal truth, or subvert the nature of men and their actions? Can it make my duty consist in committing intemperance, in maltreating or assassinating my neighbour? — Again, what is it that the society is bound to do for its members? Everything that is requisite for their welfare. But the nature of their welfare is defined by the nature of mind. That will most contribute to it which expands the understanding, supplies incitements to virtue, fills us with a generous consciousness of our independence, and carefully removes whatever can impede our exertions.

Should it be affirmed, "that it is not in the power of political system to secure to us these advantages," the conclusion will not be less incontrovertible. It is bound to contribute everything it is able to these purposes. Suppose its influence in the utmost degree limited; there must be one method approaching nearer than any other to the desired object, and that method ought to be universally adopted. There is one thing that political institutions can assuredly do, they can avoid positively counteracting the true interests of their subjects. But all capricious rules and arbitrary distinctions do positively counteract them. There is scarcely any modification of society but has in it some degree of moral tendency. So far as it produces neither mischief nor benefit, it is good for nothing. So far as it tends to the improvement of the community, it ought to be universally adopted.

28 The question how far impartial justice is a motive capable of operating upon the mind will be found examined at length, Book IV, Chap. X.

29 This argument is stated with great clearness in an Essay on the Nature of True Virtue, by Jonathan Edwards, author of a celebrated work on the Freedom of the Will.

30 Chap. IV.

31 Appendix. No. 1. P. 177.

32 Chap. V.

Appendix, No. I.

Of Suicide

Motives of suicide: 1, Escape from pain. — Benevolence. — Martyrdom considered.

THIS reasoning will throw some light upon the long disputed case of suicide. "Have I a right to destroy myself in order to escape from pain or distress?" Circumstances that should justify such an action, can rarely occur. There are few situations that can exclude the possibility of future life, vigour, and usefulness. It will frequently happen that the man, who once saw nothing before him but despair, shall afterwards enjoy a long period of happiness and honour. In the meantime the power of terminating our own lives, is one of the faculties with which we are endowed; and therefore, like every other faculty, is a subject of moral discipline. In common with every branch of morality, it is a topic of calculation, as to the balance of good and evil to result from its employment in any individual instance. We should however be scrupulously upon our guard against the deceptions that melancholy and impatience are so well calculated to impose. We should consider that, though the pain to be suffered by ourselves is by no means to be overlooked, we are but one, and the persons nearly or remotely interested in our possible usefulness innumerable. Each man is but the part of a great system, and all that he has is so much wealth to be put to the account of the general stock.

There is another case of suicide of more difficult estimation. What shall we think of the reasoning of Lycurgus, who, when he determined upon a voluntary death, remarked "that all the faculties a rational being possessed were capable of being benevolently employed, and that, after having spent his life in the service of his country, a man ought, if possible, to render his death a source of additional benefit?" This was the motive of the suicide of Codrus, Leonidas and Decius. If the same motive prevailed in the much admired suicide of Cato, and he were instigated by reasons purely benevolent, it is impossible not to applaud his intention, even if he were mistaken in the application. The difficulty is to decide whether in any instance the recourse to a voluntary death can overbalance the usefulness to be displayed, in twenty years of additional life.

Additional importance will be reflected upon this disquisition if we remember that martyrs (µ aprvpes) are suicides by the very signification of the term. They die for a testimony (µ aprvptov). But that would be impossible if their death were not to a certain degree a voluntary action. We must assume that it was possible for them to avoid this fate, before we can draw any conclusion from it in favour of the cause they espoused. They were determined to die, rather than reflect dishonour on that cause.

Appendix, No. 2

Of Duelling

Motives of duelling 1. Revenge. 2. Reputation. — Objection answered. — Illustration.

IT may be proper in this place to bestow a moment's consideration upon the trite but very important case of duelling. A short reflection will suffice to set it in its true light.

This despicable practice was originally invented by barbarians for the gratification of revenge. It was probably at that time thought a very happy project, for reconciling the odiousness of malignity with the gallantry of courage.

But in this light it is now generally given up. Men of the best understanding who lend it their sanction are unwillingly induced to do so, and engage in single combat merely that their reputation may sustain no slander.

In examining this subject we must proceed upon one of two suppositions. Either the lives of both the persons to be hazarded are worthless, or they are not. In the latter case, the question answers itself, and cannot stand in need of discussion. Useful lives are not to be hazarded, from a view to the partial and contemptible obloquy that may be annexed to the refusal of such a duel, that is, to an act of virtue.

When the duellist tells me that he and the person that has offended him are of no possible worth to the community, I may reasonably conclude that he talks the language of spleen. But, if I take him at his word, is it to be admitted, though he cannot benefit the community, that he should injure it? What would be the consequence if we allowed ourselves to assail everyone that we thought worthless in the world? In reality, when he talks this language, he deserts the ground of vindicating his injured honour, and shows that his conduct is that of a vindictive and brutalized savage.

"But the refusing a duel is an ambiguous action. Cowards may pretend principle to shelter themselves from a danger they dare not meet."

This is partly true and partly false. There are few actions indeed that are not ambiguous, or that with the same general outline may not proceed from different motives. But the manner of doing them will sufficiently show the principle from which they spring.

He, that would break through a received custom because he believes it to be wrong, must no doubt arm himself with fortitude. The point in which we principally fail, is in not accurately understanding our own intentions, and taking care beforehand to purify ourselves from every alloy of weakness and error. He, who comes forward with no other idea but that of rectitude, and who expresses, with the simplicity and firmness which conviction never fails to inspire, the views with which he is penetrated, is in no danger of being mistaken for a coward. If he hesitate, it is because he has not an idea perfectly clear of the sentiment he intends to convey. If he be in any degree embarrassed, it is because he has not a feeling sufficiently generous and intrepid of the demerit of the action in which he is urged to engage.

If courage have any intelligible nature, one of its principal fruits must be the daring to speak truth at all times, to all persons, and in every possible situation in which a well informed sense of duty may prescribe it. What is it but the want of courage that should prevent me from saying, "Sir, I will not accept your challenge. Have I injured you? I will readily and without compulsion repair my injustice to the uttermost mite. Have you misconstrued me? State to me the particulars, and doubt not that what is true I will make appear to be true. I should be a notorious criminal were I to attempt your life, or assist you in an attempt upon mine. What compensation will the opinion of the world make for the recollection of so vile and brutal a proceeding? There is no true applause but where the heart of him that receives it beats in unison. There is no censure terrible while the heart repels it with conscious integrity. I am not the coward to do a deed that my soul detests because I cannot endure the scoffs of the mistaken. Loss of reputation is a serious evil. But I will act so that no man shall suspect me of irresolution and pusillanimity." He that should firmly hold this language, and act accordingly, would soon be acquitted of every dishonourable imputation.

Chapter III

Of the Equality of Mankind

Physical equality. — Objection. — Answers. — Moral equality. — How limited. — Province of political justice.

THE principles of justice, as explained in the preceding chapter, proceed upon the assumption of the equality of mankind. This equality is either physical or moral. Physical equality may be considered either as it relates to the strength of the body or the faculties of the mind.

This part of the subject has been exposed to cavil and objection. It has been said "that the reverse of this equality is the result of our experience. Among the individuals of our species, we actually find that there are not two alike. One man is strong, and another weak. One man is wise, and another foolish. All that exists in the world of the inequality of conditions is to be traced to this as their source. The strong man possesses power to subdue, and the weak stands in need of an ally to protect. The consequence is inevitable: the equality of conditions is a chimerical assumption, neither possible to be reduced into practice, nor desirable if it could be so reduced."

Upon this statement two observations are to be made. First, this inequality was in its origin infinitely less than it is at present. In the uncultivated state of man, diseases, effeminacy and luxury were little known; and, of consequence, the strength of everyone much more nearly approached to the strength of his neighbour. In the uncultivated state of man, the understandings of all were limited, their wants, their ideas and their views nearly upon a level. It was to be expected that, in their first departure from this state, great irregularities would introduce themselves; and it is the object of subsequent wisdom and improvement to mitigate these irregularities.

Secondly, Notwithstanding the encroachments that have been made upon the equality of mankind, a great and substantial equality remains. There is no such disparity among the human race as to enable one man to hold several other men in subjection, except so far as they are willing to be subject. All government is founded in opinion. Men at present live under any particular form because they conceive it their interest to do so. One part indeed of a community or empire may be held in subjection by force; but this cannot be the personal force of their despot; it must be the force of another part of the community, who are of opinion that it is their interest to support his authority. Destroy this opinion, and the fabric which is built upon it falls to the ground. It follows therefore that all men are essentially independent. — So much for the physical equality.

The moral equality is still less open to reasonable exception. By moral equality I understand, the propriety of applying one unalterable rule of justice to every case that may arise. This cannot be questioned, but upon arguments that would subvert the very nature of virtue. "Equality," it has been affirmed, "will always be an unintelligible fiction, so long as the capacities of men shall be unequal, and their pretended claims have neither guarantee nor sanction by which they can be enforced."33 But surely justice is sufficiently intelligible in its own nature, abstractedly from the consideration whether it be or be not reduced into practice. Justice has relation to beings endowed with perception, and capable of pleasure and pain. Now it immediately results from the nature of such beings, independently of any arbitrary constitution, that pleasure is agreeable and pain odious, pleasure to be desired and pain to be disapproved. It is therefore just and reasonable that such beings should contribute, so far as it lies in their power, to the pleasure and benefit of each other. Among pleasures, some are more exquisite, more unalloyed and less precarious than others. It is just that these should be preferred.

From these simple principles we may deduce the moral equality of mankind. We are partakers of a common nature, and the same causes that contribute to the benefit of one will contribute to the benefit of another. Our senses and faculties are of the same denomination. Our pleasures and pains will therefore be alike. We are all of us endowed with reason, able to compare, to judge and to infer. The improvement therefore which is to be desired for one is to be desired for another. We shall be provident for ourselves, and useful to each other in proportion as we rise above the sphere of prejudice. The same independence, the same freedom from any such restraint, as should prevent us from giving the reins to our own understanding, or from uttering, upon all occasions, whatever we think to be true, will conduce to the improvement of all. There are certain opportunities and a certain situation most advantageous to every human being, and it is just that these should be communicated to all, as nearly as the general economy will permit.

There is indeed one species of moral inequality, parallel to the physical inequality that has been already described. The treatment to which men are entitled is to be measured by their merits and their virtues. That country would not be the seat of wisdom and reason where the benefactor of his species was regarded with no greater degree of complacence than their enemy. But in reality this distinction, so far from being adverse to equality in any tenable sense, is friendly to it, and is accordingly known by the appellation of equity, a term derived from the same origin. Though in some sense all exception, it tends to the same purpose to which the principle itself is indebted for its value. It is calculated lo infuse into every bosom an emulation of excellence. The thing really lo be desired is the removing as much as possible arbitrary distinctions, and leaving to talents and virtue the field of exertion unimpaired. We should endeavour to afford to all the same opportunities and the same encouragemcnt, and to render justice the common interest and choice.

It should be observed that the object of this chapter is barely to present a general outline of the principle of equality. The practical inferences that flow from it must remain to be detailed under subsequent heads of enquiry.

33 "On a dit-que nous avions tous les mêmes droits. J'ignole ce que c'est rue les mêmes droits, où il y a inégalité de talens ou de force, et nulle garantie, nulle sanction." Raynal, Revolution d'Amérique, p. 34.

Chapter IV

Of Personal Virtue and Duty

Of virtuous action. — Of a Virtuous agent. — Capacity — in inanimate substances — in man. — Inference. — Of benevolent error. — Nature of vice. — Illustrations. — Mutability of the principle of belief. — Complexity in the operation of motives — Deduction. — Of duty. — It is never our duty to do wrong.

THERE are two subjects, of the utmost importance to a just delineation of the principles of society, which are, on that account, entitled to a separate examination: the duties incumbent on men living in society, and the rights accruing to them. These are merely different modes of expressing the principle of justice, as it shall happen to be considered in its relation to the agent or the patient. Duty is the treatment I am bound to bestow upon others; right is the treatment I am entitled to expect from them. This will more fully appear in the sequel.

First, of personal virtue and duty.

Virtue, like every other term of general science, may be understood either absolutely, or as the qualification and attribute of a particular being: in other words, it is one thing to enquire whether an action is virtuous, and another to enquire whether a man is virtuous. The former of these questions is considerably simple; the latter is more complex, and will require an examination of several circumstances before it can be satisfactorily determined.

In the first sense I would define virtue to be any action or actions of an intelligent being proceeding from kind and benevolent intention, and having a tendency to contribute to general happiness. Thus defined, it distributes itself under two heads; and, in whatever instance either the tendency or the intention is wanting, the virtue is incomplete. An action, however pure may be the intention of the agent, the tendency of which is mischievous, or which shall merely be nugatory and useless in its character, is not a virtuous action. Were it otherwise, we should be obliged to concede the appellation of virtue to the most nefarious deeds of bigots, persecutors and religious assassins, and to the weakest observances of a deluded superstition. Still less does an action, the consequences of which shall be supposed to be in the highest degree beneficial, but which proceeds from a mean, corrupt and degrading motive, deserve the appellation of virtue. A virtuous action is that, of which both the motive and the tendency concur to excite our approbation.

Let us proceed from the consideration of the action to that of the agent. Before we can decide upon the degree in which any man is entitled to be denominated virtuous, we must compare his performance with his means. It is not enough, that his conduct is attended with an overbalance of good intention and beneficial results. If it appear that he has scarcely produced the tenth part of that benefit, either in magnitude or extent. which he was capable of producing, it is only ill a very limited sense that he can be considered as a virtuous man.

What is it therefore, we are led to enquire, that constitutes the capacity of any man? Capacity is an idea produced in the mind by a contemplation of the assemblage of properties in any substance, and the uses to which a substance so circumstanced may be applied. Thus a given portion of metal, may be formed, at the pleasure of the manufacturer, into various implements, a knife, a razor, a sword, a dozen of coat-buttons, etc. This is one stage of capacity. A second is, when it has already received the form of a knife, and, being dismissed by the manufacturer, falls into the hands of the person who intends it for his private use. By this person it may be devoted to purposes, beneficial, pernicious or idle. — To apply these considerations to the nature of a human being.

We are not here enquiring respecting the capacity of man absolutely speaking, but of an individual; the performer of a given action, or the person who has engaged in a certain series of conduct. In the same manner there fore as the knife may be applied to various purposes at the pleasure of its possessor, so an individual endowed with certain qualifications, may engage in various pursuits, according to the views that are presented to him, and the motives that actuate his mind.

Human capacity however, is a subject attended with greater ambiguity than the capacity of inanimate substances. Capacity assumes something as fixed, and enquires into the temporary application of these permanent qualities. But it is easier to define, with tolerable precision, the permanent qualities of an individual knife, for example, than of an individual man. Everything in man may be said to be in a state of flux; he is a Proteus whom we know not how to detain. That of which I am capable, for instance, as to my conduct today falls extremely short of that of which I am capable as to my conduct in the two or three next ensuing years. For what I shall do today I am dependent upon my ignorance in some things, my want of practice in others, and the erroneous habits I may in any respect have contracted. But many of these disadvantages may be superseded, when the question is respecting what I shall produce in the two or three next years of my life. Nor is this all. Even my capacity of today is in a great degree determinable by the motives that shall excite me. When a man is placed in circumstances of a very strong and impressive nature, he is frequently found to possess or instantaneously to acquire capacities which neither he nor his neighbours previously suspected. We are obliged however in the decisions of morality to submit to these uncertainties. It is only after having formed the most accurate notions we are able respecting the capacity of a man, and comparing this capacity with his performance, that we can decide, with any degree of satisfaction, whether he is entitled to the appellation of virtuous.

There is another difficulty which adheres to this question. Is it the motive alone that we are entitled to take into consideration, that we decide upon the merits of the individual, or are we obliged, as in the case of virtue absolutely taken, to consider both the motives and the tendency of his conduct? The former of these has been frequently asserted. But the assertion is attended with serious difficulties.

First, vice as it is commonly understood is, so far as regards the motive, purely negative. To virtue it is necessary, that it proceed from kind and benevolent intention; but malevolence, or a disposition to draw a direct gratification from the sufferings of others, is not necessary to vice. It is sufficient that the agent regards with neglect those benevolent considerations which are allied to general good. This mode of applying the terms of morality, seems to arise from the circumstance, that, in estimating the merits of others, we reasonably regard the actual benefit or mischief that is produced as the principal point; and consider the disposition that produces it, merely as it tends to ensure to us a continuation of benefit or injury.

Secondly, actions in the highest degree injurious to the public, have often proceeded from motives uncommonly conscientious. The most determined political assassins, Clement, Ravaillac, Damiens and Gerard, seem to have bee deeply penetrated with anxiety, for the eternal welfare of mankind. For these objects they sacrificed their ease, and cheerfully exposed themselves to tortures and death. Benevolence probably had its part in lighting the fires of Smithfield, and pointing the daggers of Saint Bartholomew. The authors of the Gunpowder Treason were, in general, men remarkable for the sanctity of their lives, and the austerity of their manners.

The nature whether of religious imposture, or of persevering enterprise in general, seems scarcely to have been sufficiently developed by the professors of moral enquiry. Nothing is more difficult, than for a man to recommend with enthusiasm, that which he does not think intrinsically admirable. Nothing is more difficult than for a man to engage in an arduous undertaking that he does not persuade himself will in some way be extensively useful. When archbishop Becket set himself against the whole power of Henry the Second, and bore every species of contumely with an unalterable spirit, we may easily discover the haughtiness of the priest, the insatiable ambition that delighted to set its foot upon the neck of kings, and the immeasurable vanity that snuffed with transport the incense of an adoring multitude; but we may see with equal evidence, that he regarded himself as the champion of the cause of God, and expected the crown of martyrdom in a future state.

Precipitate and superficial judges conclude, that he who imposes upon others, is in most cases aware of the delusion himself. But this seldom happens. Self-deception is of all things the most easy. Whoever ardently wishes to find a proposition true, may be expected insensibly to veer towards the opinion that suits his inclination. It cannot be wondered at, by him who considers the subtlety of the human mind,34 that belief should scarcely ever rest upon the mere basis of evidence, and that arguments are always viewed through a delusive medium, magnifying them into Alps, or diminishing them to nothing.

In the same manner as the grounds of our opinions are complicated, so are the motives to our actions. It is probable that no wrong action is perpetrated from motives entirely pure. It is probable that conscientious assassins and persecutors, have some mixture of ambition or the love of fame, and some feelings of animosity and ill will. But the deception they put upon themselves may nevertheless be complete. They stand acquitted at the bar of their own examination; and their injurious conduct, if considered under the head of motive only, is probably as pure as much of that conduct which falls with the best title under the denomination of virtue.

For, thirdly, those actions of men, which tend to increase the general happiness, and are founded in the purest motives, have some alloy in the causes from which they proceed. It has been seen, that the motives of each single action, in a man already arrived at maturity, are innumerable:35 into this mixture it is scarcely to be supposed, that something improper, mean, and inconsistent with that impartial estimate of things which is the true foundation of virtue, will not insinuate itself. It seems reasonable to believe, that such actions as are known most admirably to have contributed to the benefit of mankind, have sprung from views, of all others the least adulterated. But it can not be doubted that many actions, considerably useful, and to a great degree well intended, have had as much alloy in their motive as other actions which, springing from a benevolent disposition, have been extensively detrimental.

From all these considerations it appears, that, if we were to adjust the standard of virtue from intention alone, we should reverse all the received ideas respecting it, giving the palm to some of the greatest pests of mankind, at the expense of others who have been no contemptible benefactors. Intention no doubt is of the essence of virtue. But it will not do alone. In deciding the merits of others, we are bound, for the most part, to proceed in the same manner as in deciding the merits of inanimate substances. The turning point is their utility. Intention is of no further value than as it leads to utility: it is the means, and not the end. We shall overturn therefore every principle of just reasoning if we bestow our applause upon the most mischievous of mankind, merely because the mischief they produce arises from mistake; or if we regard them in any other light than we would an engine of destruction and misery that is constructed of very costly materials.

The reasonings of the early part of this chapter upon the subject of virtue, may equally be applied to elucidate the term duty. Duty is that mode of action on the part of the individual, which constitutes the best possible application of his capacity to the general benefit. The only distinction to be made, between what was there adduced upon the subject of personal virtue, and the observations which most aptly apply to the consideration of duty, consists in this: that, though a man should in some instances neglect the best application of his capacity, he may yet be entitled to the appellation of virtuous; but duty is uniform, and requires of us that best application in every situation that presents itself.

This way of considering the subject furnishes us with the solution of a question which has been supposed to be attended with considerable difficulty. Is it my duty to comply with the dictates of my erroneous conscience? Was it the duty of Everard Digby to blow up king James and his parliament with gunpowder? Certainly not. Duty is the application of capacity to the real, not imaginary, benefit of mankind. It was his duty to entertain a sincere and ardent desire for the improvement and happiness of others. With this duty he probably complied. But it was not his duty to apply that desire to a purpose dreadful and pregnant with inexhaustible mischief. With the prejudices he entertained, perhaps it was impossible for him to do otherwise. But it would be absurd to say that it was his duty to labour under prejudice. Perhaps it will be found that no man can in any instance act otherwise than he does.36 But this, if true, will not annihilate the meaning of the term duty. It has already been seen that the idea of capacity and the best application of capacity is equally intelligible of inanimate substances. Duty is a species under this generical term, and implies merely the best application of capacity in an intelligent being, whether that application originate in a self-moving power, or in the irresistible impulse of motives and considerations presented to the understanding. To talk of the duty of doing wrong can answer no other purpose than to take away all precision and meaning from language.

34 Book I, Chap. V, p. 32.

35 Ibid.

36 Book IV., Chap. VII.

Chapter V

Of Rights

Active rights exploded. — Province of morality unlimited. — Objection. — Consequences of the doctrine of active rights. — Admonition considered. — Rights of kings — of communities. — Passive rights irrefragable. — Of discretion.

THE rights of man have, like many other political and moral questions, furnished a topic of eager and pertinacious dispute more by a confused and inaccurate statement of the subject of enquiry than by any considerable difficulty attached to the subject itself.

The real or supposed rights of man are of two kinds, active and passive; the right in certain cases to do as we list; and the right we possess to the forbearance or assistance of other men. The first of these a just philosophy will probably induce us universally to explode.

There is no sphere in which a human being can be supposed to act, where one mode of proceeding will not, in every given instance, be more reasonable than any other mode. That mode the being is bound by every principle of justice to pursue.

Morality is nothing else but that system which teaches us to contribute, upon all occasions, to the extent our power, to the well-being and happiness of every intellectual and sensitive existence. But there is no action of our lives, which does not in some way affect that happiness. Our property, our time, and our faculties, may all of them be made to contribute to this end. The periods, which cannot be spent in the active production of happiness, may be spent in preparation. There is not one of our avocations or amusements, that does not, by its effects, render us more or less fit to contribute our quota to the general utility. If then every one of our actions fall within the province of morals, it follows that we have no rights in relation to the selecting them. No one will maintain, that we have a right to trespass upon the dictates of morality.

It has been observed by natural philosophers, that a single grain of land more or less in the structure of the earth, would have produced an infinite variation in its history. If this be true in inanimate nature, it is much more so in morals. The encounter of two persons of opposite sexes, so as to lead to the relation of marriage, in many cases obviously depends upon the most trivial circumstances, anyone of which, being changed, the relation would not have taken place. Let the instance be the father and mother of Shakespeare. If they had not been connected, Shakespeare would never have been born. If any accident had happened to the wife during her pregnancy, if she had on any day set her foot half an inch too far, and fallen down a flight of stairs, if she had turned down one street instead of another, through which, it may be, some hideous object was passing, Shakespeare might never have come alive into the world. The determination of mind, in consequence of which the child contracts some of his earliest propensities, which call out his curiosity, industry and ambition, or on the other hand leave him unobserving, indolent and phlegmatic, is produced by circumstances so minute and subtle as in few instances to have been made the subject of history. The events which after wards produce his choice of a profession or pursuit, are not less precarious. Every one of these incidents, when it occurred, grew out of a series of incidents that had previously taken place. Everything is connected in the universe. If any man asserted that, if Alexander had not bathed in the river Cydnus, Shakespeare would never have written, it would be impossible to prove that his assertion was untrue.

To the inference we are deducing from this statement of facts, it may be objected "that it is true that all events in the universe are connected, and that the most memorable revolutions may depend for their existence upon trivial causes; but it is impossible for us to discern the remote bearings and subtle influences of our own actions; and by what we cannot discern it can never be required of us to regulate our conduct." This is no doubt true, but its force in the nature of an objection will be taken away if we consider, first, that, though our ignorance will justify us in neglecting that which, had we been better informed, we should have seen to be most beneficial, it can scarcely be considered as conferring on us an absolute right to incur that neglect. Secondly, even under the limited powers of our discernment, it will seldom happen to a man eminently conscientious and benevolent, to see no appearance of superiority, near or remote, direct or indirect, in favour of one side of any alternative proposed to his choice, rather than the other. We are bound to regulate ourselves by the best judgement we can exert. Thirdly, if anything remain to the active rights of man after this deduction, and if he be at liberty to regulate his conduct in any instance, independently of the dictates of morality, it will be, first, an imperfect, not an absolute right, the offspring of ignorance and imbecility; and, secondly, it will relate only to such insignificant matters, if such there be, as, after the best exercise of human judgement, can not be discerned to have the remotest relation to the happiness of mankind.

Few things have contributed more to undermine the energy and virtue of the human species, than the supposition that we have a right, as it has been phrased, to do what we will with our own. It is thus that the miser, who accumulates to no end that which diffused would have conduced to the welfare of thousands, that the luxurious man, who wallows in indulgence and sees numerous families around him pining in beggary, never fail to tell us of their rights, and to silence animadversion and quiet the censure of their own minds, by observing "that they came fairly into possession of their wealth, that they owe no debts, and that of consequence no man has authority to enquire into their private manner of disposing of that which appertains to them." We have in reality nothing that is strictly speaking our own. We have nothing that has not a destination prescribed to it by the immutable voice of reason and justice; and respecting which, if we supersede that destination, we do not entail upon our selves a certain portion of guilt.

As we have a duty obliging us to a certain conduct respecting our faculties and our possessions, so our neighbour has a duty respecting his admonitions and advice. He is guilty of an omission in this point, if he fail to employ every means in his power for the amendment of our errors, and to have recourse for that purpose, as he may see occasion, to the most unreserved animadversion upon our propensities and conduct. It is absurd to suppose that certain points are especially within my province, and therefore he may not afford me, invited or uninvited. his assistance in arriving at a right decision. He is bound to form the best judgement he is able respecting every circumstance that falls under his observation; what he thinks, he is bound to declare to others; and, if to others, certainly not less to the party immediately concerned. The worst consequences, through every rank and department of life, have arisen from men's supposing their personal affairs in any case to be so sacred, that every one, except themselves, was bound to be blind and dumb in relation to them.

The ground of this error has been a propensity, to which we are frequently subject, of concluding from the excess to the thing itself. Undoubtedly our neighbour is to be directed in his animadversions, not by a spirit of levity and impertinence, but by a calculation of the eventual utility. Undoubtedly there is one person who must, in almost all instances, be the real actor, and other persons may not, but with caution and sober reflection occupy his time with their suggestions as to the conduct he ought to pursue. There is scarcely any tyranny more gross than that of the man who should perpetually intrude upon us his crude and half-witted advices, or who, not observing when, in point of strength and clearness, he had done Justice to his own conception, should imagine it to be his duty to repeat and press it upon us without end. Advice perhaps requires above all things that it should be ad ministered with simplicity, disinterestedness, kindness and moderation. — To return.

It has been affirmed by the zealous advocates of liberty, "that princes and magistrates have no rights;" and no position can be more incontrovertible. There is no situation of their lives that has not its correspondent duties. There is no power entrusted to them, that they are not bound to exercise exclusively for the public good. It is strange that persons adopting this principle, did not go a step further, and perceive that the same restrictions were applicable to subjects and citizens.

It is scarcely necessary to add, that, if individuals have no rights, neither has society, which possesses nothing but what individuals have brought into a common stock. The absurdity of the common opinion, as applied to this subject, is still more glaring, if possible, than in the view in which we have already considered it. According to the usual sentiment, every club assembling for any civil purpose, every congregation of religionists assembling for the worship of God, has a right to establish any provisions or ceremonies, no matter how ridiculous or detestable, provided they do not interfere with the freedom of others. Reason lies prostrate at their feet; they have a right to trample upon and insult her as they please. It is in the same spirit we have been told, that every nation has a right to choose its form of government. An acute and original author was probably misled by the vulgar phraseology on this subject, when he asserted, that, "at a time when neither the people of France nor the national assembly were troubling themselves about the affairs of England or the English parliament, Mr. Burke's conduct was unpardonable in commencing an unprovoked attack upon them."37

It is, no doubt, the inevitable result of human imperfection that men and societies of men should model their conduct by the best judgement they are able to form, whether that judgement be sound or erroneous. But, as it has been before shown that it cannot be their duty to do anything detrimental to the general happiness,38 so it appears with equal evidence that they cannot have a right to do so. There cannot be a more absurd proposition, than that which affirms the right of doing wrong. A mistake of this sort, has been attended with the most pernicious consequences in public and political affairs. It cannot be too strongly inculcated, that societies and communities of men are in no case empowered to establish absurdity and injustice; that the voice of the people is not, as has sometimes been ridiculously asserted, "the voice of truth and of God;" and that universal consent cannot convert wrong into right. The most insignificant individual ought to hold himself free to animadvert upon the decisions of the most august assembly; and other men are bound in justice to listen to him, in proportion to the soundness of his reasons, and the strength of his remarks, and not for any accessory advantages he may derive from rank or exterior importance. The most crowded forum, or the most venerable senate, cannot make one proposition to be a rule of justice, that was not substantially so previously to their decision. They can only interpret and announce that law, which derives its real validity from a higher and less mutable authority. If we submit to their decisions in cases where we are not convinced of their rectitude, this submission is an affair of prudence only; a reasonable man will lament the emergence, while he yields to the necessity. If a congregation of men agree universally to cut off their right hand, to shut their ears upon free enquiry, or to affirm two and two upon a particular occasion to be sixteen, in all these cases they are wrong, and ought unequivocally to be censured for usurping an authority that does not belong to them. They ought to be told, "Gentlemen, you are not, as in the intoxication of power you have been led to imagine, omnipotent; there is an authority greater than yours, to which you are bound assiduously to conform yourselves." No man, if he were alone in the world, would have a right to make himself impotent or miserable.

So much for the active rights of man, which, if there be any cogency in the preceding arguments, are all of them superseded and rendered null by the superior claims of justice. His passive rights, when freed from the ambiguity that has arisen from the improper mixture and confounding of these two heads, will probably be found liable to little controversy.

In the first place, he is said to have a right to life and personal liberty. This proposition, if admitted, must be admitted with great limitation. He has no right to his life, when his duty calls him to resign it. Other men are bound (it would be improper in strictness of speech, upon the ground of the preceding explanations, to say they have a right) to deprive him of life or liberty, if that should appear in any case to be indispensably necessary to prevent a greater evil. The passive rights of man will be best understood from the following elucidation.

Every man has a certain sphere of discretion, which he has a right to expect shall not be infringed by his neighbours. This right flows from the very nature of man. First, all men are fallible: no man can be justified in setting up his judgement as a standard for others. We have no infallible judge of controversies; each man in his own apprehension is right in his decisions; and we can find no satisfactory mode of adjusting their jarring pretensions. If everyone be desirous of imposing his sense upon others, it will at last come to be a controversy, not of reason, but of force. Secondly, even if we had an in fallible criterion, nothing would be gained, unless it were by all men recognized as such. If I were secured against the possibility of mistake, mischief and not good would accrue, from imposing my infallible truths upon my neighbour, and requiring his submission independently of any conviction I could produce in his understanding. Man is a being who can never be an object of just approbation, any further than he is independent. He must consult his own reason, draw his own conclusions and conscientiously conform himself to his ideas of propriety. Without this, he will be neither active, nor considerate, nor resolute, nor generous.

For these two reasons it is necessary that every man should stand by himself, and rest upon his own understanding. For that purpose each must have his sphere of discretion. No man must encroach upon my province, nor I upon his. He may advise me, moderately and with out pertinaciousness, but he must not expect to dictate to me. He may censure me freely and without reserve; but he should remember that I am to act by my deliberation and not his. He may exercise a republican boldness in judging, but he must not be peremptory and imperious in prescribing. Force may never be resorted to but, in the most extraordinary and imperious emergency. I ought to exercise my talents for the benefit of others; but that exercise must be the fruit of my own conviction; no man must attempt to press me into the service. I ought to appropriate such part of the fruits of the earth as by an accident comes into my possession, and is not necessary to my benefit, to the use of others; but they must obtain it from me by argument and expostulation, not by violence. It is in this principle that what is commonly called the right of property is founded. Whatever then comes into my possession, without violence to any other man, or to the institutions of society, is my property. This property, it appears by the principles already laid down, I have no right to dispose of at my caprice; every shilling of it is appropriated by the laws of morality; but no man can be justified, in ordinary cases at least, in forcibly extorting it from me. When the laws of morality shall be clearly understood, their excellence universally apprehended, and themselves seen to be coincident with each man's private advantage, the idea of property in this sense will remain, but no man will have the least desire, for purposes of ostentation or luxury, to possess more than his neighbours.

A second branch of the passive rights of man consists in the right each man possesses to the assistance of his neighbour. This will be fully elucidated hereafter.39

37 Rights of Man, p. 1.

38 Chap. IV, p.74

39 Vol. II, Book VIII.

Chapter VI

Of the Right of Private Judgment

Foundation of virtue. — Human actions regulated: 1, by the nature of things. — 2, by positive institution. — Tendency of the latter: 1, to excite virtue. — Its equivocal character in this respect. — 2, to inform the judgement. — Its inaptitude for that purpose. — Province of conscience considered. — Tendency of an interference with that province. — Unsuitableness of punishment — either to impress new sentiments – or to strengthen old ones. — Recapitulation.

IT has appeared, that the most essential of those rights which constitute the peculiar sphere appropriate to each individual, and the right upon which every other depends as its basis, is the right of private judgement. It will therefore be of use to say something distinctly on this head.

To a rational being there can be but one rule of conduct, justice; and one mode of ascertaining that rule, the exercise of his understanding.

If in any instance I am made the mechanical instrument of absolute violence, in that instance I fall under a pure state of external slavery. If on the other hand, not being under the influence of absolute compulsion, I am wholly prompted by something that is frequently called by that name, and act from the hope of reward or the fear of punishment, the subjection I suffer is doubtless less aggravated, but the effect upon my moral habits may be in a still higher degree injurious.

In the meantime, with respect to the conduct I should observe upon such occasions, a distinction is to be made. Justice, as it was defined in a preceding chapter, is coincident with utility. I am myself a part of the great whole, and my happiness is a part of that complex view of things by which justice is regulated. The hope of reward therefore, and the fear of punishment, however wrong in themselves, and inimical to the improvement of the mind, are motives which, so long as they are resorted to in society, must and ought to have some influence with my mind.

There are two descriptions of tendency that may belong to any action, the tendency which it possesses by the necessary and unalterable laws of existence, and the tendency which results from the arbitrary interference of some intelligent being. The nature of happiness and misery, pleasure and pain, is independent of positive institution. It is immutably true, that whatever tends to procure a balance of the former is to be desired, and whatever tends to procure a balance of the latter is to be rejected. In like manner there are certain features and principles inseparable from such a being as man; there are causes which, in their operation upon him, are in their own nature generative of pleasure, and some of a pleasure more excellent than others. Every action has a result which may be said to be peculiarly its own, and which will always follow upon it, unless so far as it may happen to be superseded by the operation of other and extrinsical causes.

The tendency of positive institution is of two sorts, to furnish an additional motive to the practice of virtue or right; and to inform the understanding, as to what actions are right and what actions are wrong. Much cannot be said in commendation of either of these tendencies.

First, positive institution may furnish an additional motive to the practice of virtue. I have an opportunity of essentially contributing to the advantage of twenty individuals; they will be benefited, and no other persons will sustain a material injury. I ought to embrace this opportunity. Here let us suppose positive institution to interfere, and to annex some great personal reward to the discharge of my duty. This immediately changes the nature of the action. Before, I preferred it for its intrinsic excellence. Now, so far as the positive institution operates, I prefer it because some person has arbitrarily annexed to it a great weight of self-interest. But virtue, considered as the quality of an intelligent being, depends upon the disposition with which the action is accompanied. Under a positive institution then, this very action, which is intrinsically virtuous, may, so far as relates to the agent, become vicious. The vicious man would before have neglected the advantage of these twenty individuals, because he would not bring a certain inconvenience or trouble upon himself. The same man, with the same disposition, will now promote their advantage, because his own welfare is concerned in it. Twenty, other things equal, is twenty times better than one. He that is not governed by the moral arithmetic of the case, or who acts from a disposition directly at war with that arithmetic, is unjust.40 In other words, moral improvement will be forwarded, in proportion as we are exposed to no other influence, than that of the tendency which belongs to an action by the necessary and unalterable laws of existence. This is probably the meaning of the otherwise vague and obscure principle, "that we should do good, regardless of the consequences", and by that other, "that we may not do evil, from the prospect of good to result from it". The case would have been tendered still more glaring, if, instead of the welfare of twenty, we had supposed the welfare of millions to have been concerned. In reality, whether the disparity be great or small, the inference must be the same.

Secondly, positive institution may inform the understanding, as to what actions are right, and what actions are wrong. Here it may be of advantage to us to reflect upon the terms understanding and information. Understanding, particularly as it is concerned with moral subjects, is the percipient of truth. This is its proper sphere. Information, so far as it is genuine, is a portion detached from the great body of truth. You inform me "that Euclid asserts the three angles of a plane triangle to be equal to two right angles". Still I am unacquainted with the truth of this proposition. "But Euclid has, demonstrated it. His demonstration has existed for two thousand years, and, during that term, has proved satisfactory to every man by whom it has been understood." I am nevertheless uninformed. The knowledge of truth lies in the perceived agreement or disagreement of the terms of a proposition. So long as I am unacquainted with the middle term by means of which they may be compared, so long as they are incommensurate to my understanding, you may have furnished me with a principle from which I may reason truly to further consequences; but, as to the principle itself, I may strictly be said to know nothing.

Every proposition has an intrinsic evidence of its own. Every consequence has premises from which it flows; and upon them, and not upon anything else, its validity depends. If you could work a miracle to prove "that the three angles of a triangle were equal to two right angles", I should still know that the proposition had been either true or false previously to the exhibition of the miracle; and that there was no necessary connection between any one of its terms and the miracle exhibited. The miracle would take off my attention from the true question to a question altogether different, that of authority. By the authority adduced I might be prevailed on to yield an irregular assent to the proposition; but I could not properly be said to perceive its truth.

But this is not all. If it were, it might perhaps be regarded as a refinement foreign to the concerns of human life. Positive institutions do not content themselves with requiring my assent to certain propositions, in consideration of the testimony by which they are enforced. This would amount to no more than advice flowing from a respectable quarter, which, after all, I might reject if it did not accord with the mature judgement of my own understanding. But in the very nature of these institutions there is included a sanction, a motive either of punishment or reward, to induce me to obedience.

It is commonly said "that positive institutions ought to leave me free in matters of conscience, but may properly interfere with my conduct in civil concerns." But this distinction seems to have been very lightly taken up. What sort of moralist must he be, whose conscience is silent as to what passes in his intercourse with other men? Such a distinction proceeds upon the supposition "that it is of great consequence whether I bow to the east or the west; whether I call the object of my worship Jehovah or Allah; whether I pay a priest in a surplice or a black coat. These are points in which an honest man ought to be rigid and inflexible. But as to those other, whether he shall be a tyrant, a slave or a free citizen; whether he shall bind himself with multiplied oaths impossible to be performed, or be a rigid observer of truth; whether he shall swear allegiance to a king de jure, or a king de facto, to the best or the worst of all possible governments: respecting these points he may safely commit his conscience to the keeping of the civil magistrate." In reality, by as many instances as I act contrary to the unbiased dictate of my own judgement, by so much I abdicate the most valuable part of the character of man.

I am satisfied at present that a certain conduct, suppose it be a rigid attention to the confidence of private conversation, is incumbent on me. You tell me "there are certain cases of such peculiar emergency as to supersede this rule." Perhaps I think there are not. If I admit your proposition, a wide field of enquiry is opened respecting what cases do or do not deserve to be considered as exceptions. It is little likely that we should agree respecting all these cases. How then does the law treat me for my conscientious discharge of what I conceive to be my duty? Because I will not turn informer (which, it may be, I think an infamous character) against my most valued friend, the law accuses me of misprision of treason, felony or murder, and perhaps hangs me. I believe a certain individual to be a confirmed villain and a most dangerous member of society, and feel it to be my duty to warn others, perhaps the public, against the effect of his vices. Because I publish what I know to be true, the law convicts me of libel, scandalum magnatum, and crimes of I know not what complicated denomination.

If the evil stopped here, it would be well. If I only suffered a certain calamity, suppose death, I could endure it. Death has hitherto been the common lot of men, and I expect, at some time or other, to submit to it. Human society must, sooner or later, be deprived of its individual members, whether they be valuable, or whether they be inconsiderable. But the punishment acts, not only retrospectively upon me, but prospectively upon my contemporaries and countrymen. My neighbour entertains the same opinion respecting the conduct he ought to hold, as I did. The executioner of public justice however interposes with a powerful argument, to convince him that he has mistaken the path of abstract rectitude.

What sort of converts will be produced by this unfeeling logic? "'I have deeply reflected," suppose, "upon the nature of virtue, and am convinced that a certain proceeding is incumbent on me. But the hangman, supported by an act of parliament, assures me I am mistaken." If I yield my opinion to his dictum, my action becomes modified, and my character also. An influence like this is inconsistent with all generous magnanimity of spirit, all ardent impartiality in the discovery of truth, and all inflexible perseverance in its assertion. Countries, exposed to the perpetual interference of decrees, instead of arguments, exhibit within their boundaries the mere phantoms of men. We can never judge from an observation of their inhabitants what men would be if they knew of no appeal from the tribunal of conscience, and if, whatever they thought, they dared to speak, and dared to act.

At present there will perhaps occur to the majority of readers, but few instances of laws which may be supposed to interfere with the conscientious discharge of duty. A considerable number will occur in the course of the present enquiry. More would readily offer themselves to a patient research. Men are so successfully reduced to a common standard by the operation of positive law, that, in most countries, they are capable of little more than, like parrots, repeating what others have said. This uniformity is capable of being produced in two ways, by energy of mind and indefatigableness of enquiry, enabling a considerable number to penetrate with equal success into the recesses of truth; and by pusillanimity of temper, and a frigid indifference to right and wrong, produced by the penalties which are suspended over such as shall disinterestedly enquire, and communicate and act upon the result of their enquiries. It is easy to perceive which of these is the cause of the uniformity that prevails in the present instance.

One thing more in enforcement of this important consideration. "I have done something," suppose, "which, though wrong in itself, I believe to be right; or I have done something which I usually admit to be wrong; but my conviction upon the subject is not so clear and forcible as to prevent my yielding to a powerful temptation." There can be no doubt that the proper way of conveying to my understanding a truth of which I am ignorant, or of impressing upon me a firmer persuasion of a truth with which I am acquainted, is by an appeal to my reason. Even an angry expostulation with me upon my conduct will but excite similar passions in me, and cloud, instead of illuminate, my understanding. There is certainly a way of expressing truth with such benevolence as to command attention, and such evidence as to enforce conviction in all cases whatever.

Punishment inevitably excites in the sufferer, and ought to excite, a sense of injustice. Let its purpose be, to convince me of the truth of a position which I at present believe to be false. It is not, abstractedly considered, of the nature of an argument, and therefore it cannot begin with producing conviction. Punishment is a comparatively specious name; but is in reality nothing more than force put upon one being by another who happens to be stronger. But strength apparently does not constitute justice. The case of punishment, in the view in which we now consider it, is the case of you and me differing in opinion, and your telling me that you must be right, since you have a more brawny arm, or have applied your mind more to the acquiring skill in your weapons than I have.

But let us suppose "that I am convinced of my error, but that my conviction is superficial and fluctuating, and the object you propose is to render it durable and profound." Ought it to be thus durable and profound? There are no doubt arguments and reasons calculated to render it so. Is the subject in reality problematical, and do you wish by the weight of your blows to make up for the deficiency of your logic? This can never be defended. An appeal to force must appear to both parties, in proportion to the soundness of their understanding, to be a confession of imbecility. He that has recourse to it would have no occasion for this expedient if he were sufficiently acquainted with the powers of that truth it is his office to communicate. If there be any man who, in suffering punishment, is not conscious of injury, he must have had his mind previously debased by slavery, and his sense of moral right and wrong blunted by a series of oppressions.

If there be any truth more unquestionable than the rest, it is that every man is bound to the exertion of his faculties in the discovery of right, and to the carrying into effect all the right with which he is acquainted. It may be granted that an infallible standard, if it could be discovered, would be considerably beneficial. But this infallible standard itself would be of little use in human affairs, unless it had the property of reasoning as well as deciding, of enlightening the mind as well as constraining the body. If a man be in some cases obliged to prefer his own judgement, he is in all cases obliged to consult that judgement, before he can determine whether the matter in question be of the sort provided for or no. So that from this reasoning it ultimately appears that the conviction of a man's individual understanding is the only legitimate principle imposing on him the duty of adopting any species of conduct.

Such are the genuine principles of human society. Such would be the unconstrained condition of its members in a state where every individual within the society and every neighbour without was capable of listening with sobriety to the dictates of reason. We shall not fail to be impressed with considerable regret if, when we descend to the present mixed characters of mankind, we find ourselves obliged in any degree to depart from so simple and grand a principle. The universal exercise of private judgement is a doctrine so unspeakably beautiful that the true politician will certainly feel infinite reluctance in admitting the idea of interfering with it. A principal object in the subsequent stages of enquiry will be to discuss the emergency of the cases that may be thought to demand this interference.

40 Book IV, Chap.X.

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