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And here it may be worth while to observe, that though abstract reasoning and the general maxims of philosophy and law establish this position, that property, and right, and obligation, admit not of degrees, yet, in our common and negligent way of thinking, we find great difficulty to entertain that opinion, and do even secretly embrace the contrary principle. An object must either be in the possession of one person or another. An action must either be performed or not. The necessity there is of choosing one side in these dilemmas, and the impossibility there often is of finding any just medium, oblige us, when we reflect on the matter, to acknowledge that all property and obligations are entire. But, on the other hand, when we consider the origin of property and obligation, and find that they depend on public utility, and sometimes on the propensity of the imagination, which are seldom entire on any side, we are naturally inclined to imagine that these moral relations admit of an insensible gradation. Hence it is that in references, where the consent of the parties leave the referees entire masters of the subject, they commonly discover so much equity and justice on both sides as induces them to strike a medium, and divide the difference betwixt the parties. Civil judges, who have not this liberty, but are obliged to give a decisive sentence on some one side, are often at a loss how to determine, and are necessitated to proceed on the most frivolous reasons in the world. Half rights and obligations, which seem so natural in common[Pg 309] life, are perfect absurdities in their tribunal; for which reason they are often obliged to take half arguments for whole ones, in order to terminate the affair one way or other.
III. The third argument of this kind I shall make use of may be explained thus. If we consider the ordinary course of human actions, we shall find that the mind restrains not itself by any general and universal rules, but acts on most occasions as it is determined by its present motives and inclination. As each action is a particular individual event, it must proceed from particular principles, and from our immediate situation within ourselves, and with respect to the rest of the universe. If on some occasions we extend our motives beyond those very circumstances which gave rise to them, and form something like general rides for our conduct, 'tis easy to observe that these rules are not perfectly inflexible, but allow of many exceptions. Since, therefore, this is the ordinary course of human actions, we may conclude that the laws of justice, being universal and perfectly inflexible, can never be derived from nature, nor be the immediate offspring of any natural motive or inclination. No action can be either morally good or evil, unless there be some natural passion or motive to impel us to it, or deter us from it; and tis evident that the morality must be susceptible of all the same variations which are natural to the passion. Here are two persons who dispute for an estate; of whom one is rich, a fool, and a bachelor; the other poor, a man of sense, and has a numerous family: the first is my enemy; the second my friend. Whether I be actuated in this affair by a view to public or private interest, by friendship or enmity, I must be induced to do my utmost to procure the estate to[Pg 310] the latter. Nor would any consideration of the right and property of the persons be able to restrain me, were I actuated only by natural motives, without any combination or convention with others. For as all property depends on morality, and as all morality depends on the ordinary course of our passions and actions, and as these again are only directed by particular motives, 'tis evident such a partial conduct must be suitable to the strictest morality, and could never be a violation of property. Were men, therefore, to take the liberty of acting with regard to the laws of society, as they do in every other affair, they would conduct themselves, on most occasions, by particular judgments, and would take into consideration the characters and circumstances of the persons, as well as the general nature of the question. But 'tis easy to observe, that this would produce an infinite confusion in human society, and that the avidity and partiality of men would quickly bring disorder into the world, if not restrained by some general and inflexible principles. 'Twas therefore with a view to this inconvenience, that men have established those principles, and have agreed to restrain themselves by general rules, which are unchangeable by spite and favour, and by particular views of private or public interest. These rules, then, are artificially invented for a certain purpose, and are contrary to the common principles of human nature, which accommodate themselves to circumstances, and have no stated invariable method of operation.
Nor do I perceive how I can easily be mistaken in this matter. I see evidently, that when any man imposes on himself general inflexible rules in his conduct with others, he considers certain objects as their property, which he supposes to be sacred and inviolable.[Pg 311] But no proposition can be more evident, than that property is perfectly unintelligible without first supposing justice and injustice; and that these virtues and vices are as unintelligible, unless we have motives, independent of the morality, to impel us to just actions, and deter us from unjust ones. Let those motives, therefore, be what they will, they must accommodate themselves to circumstances, and must admit of all the variations which human affairs, in their incessant revolutions, are susceptible of. They are, consequently, a very improper foundation for such rigid inflexible rules as the laws of nature; and 'tis evident these laws can only be derived from human conventions, when men have perceived the disorders that result from following their natural and variable principles.
Upon the whole, then, we are to consider this distinction betwixt justice and injustice, as having two different foundations, viz. that of interest, when men observe, that 'tis impossible to live in society without restraining themselves by certain rules; and that of morality, when this interest is once observed, and men receive a pleasure from the view of such actions as tend to the peace of society, and an uneasiness from such as are contrary to it. 'Tis the voluntary convention and artifice of men which makes the first interest take place; and therefore those laws of justice are so far to be considered as artificial. After that interest is once established and acknowledged, the sense of morality in the observance of these rules follows naturally, and of itself; though tis certain, that it is also augmented by a new artifice, and that the public instructions of politicians, and the private education of parents, contribute to the giving us a sense of honour and duty, in the strict regulation of our actions with regard to the properties of others.
Nothing is more certain, than that men are in a great measure governed by interest, and that, even when they extend their concern beyond themselves, 'tis not to any great distance; nor is it usual for them, in common life, to look farther than their nearest friends and acquaintance. 'Tis no less certain, that 'tis impossible for men to consult their interest in so effectual a manner, as by an universal and inflexible observance of the rules of justice, by which alone they can preserve society, and keep themselves from falling into that wretched and savage condition which is commonly represented as the state of nature. And as this interest which all men have in the upholding of society, and the observation of the rules of justice, is great, so is it palpable and evident, even to the most rude and uncultivated of the human race; and 'tis almost impossible for any one who has had experience of society, to be mistaken in this particular. Since, therefore, men are so sincerely attached to their interest, and their interest is so much concerned in the observance of justice, and this interest is so certain and avowed, it may be asked, how any disorder can ever arise in society, and what principle there is in human nature so powerful as to overcome so strong a passion, or so violent as to obscure so clear a knowledge?
