SECTION VI.

SOME FARTHER REFLECTIONS CONCERNING JUSTICE AND INJUSTICE.

We have now run over the three fundamental laws of nature, _that of the

stability of possession, of its transference by consent_, and _of the

performance of promises_. 'Tis on the strict observance of those three

laws that the peace and security of human society entirely depend; nor

is there any possibility of establishing a good correspondence among

men, where these are neglected. Society is absolutely necessary for

the well-being of men; and these are as necessary to the supports

of society. Whatever restraint they may impose on the passions of

men, they are the real offspring of those passions, and are only a

more artful and more refined way of satisfying them. Nothing is more

vigilant and inventive than our passions; and nothing is more obvious

than the convention for the observance of these rules. Nature has,

therefore, trusted this affair entirely to the conduct of men, and has

not placed in the mind any peculiar original principles, to determine

us to a set of actions, into which the other principles of our frame

and constitution were sufficient to lead us. And to convince us the

more fully of this truth, we may here stop a moment, and, from a review

of the preceding reasonings, may draw some new arguments, to prove that

those laws, however necessary, are entirely artificial, and of human

invention; and consequently, that justice is an artificial, and not a

natural virtue.

I. The first argument I shall make use of is derived from the vulgar

definition of justice. Justice is commonly defined to be _a constant

and perpetual will of giving every one his due_. In this definition

'tis supposed that there are such things as right and property,

independent of justice, and antecedent to it; and that they would have

subsisted, though men had never dreamt of practising such a virtue.

I have already observed, in a cursory manner, the fallacy of this

opinion, and shall here continue to open up, a little more distinctly,

my sentiments on that subject.

I shall begin with observing, that this quality, which we call

_property_, is like many of the imaginary qualities of the

_Peripatetic_ philosophy, and vanishes upon a more accurate inspection

into the subject, when considered apart from our moral sentiments, 'Tis

evident property does not consist in any of the sensible qualities

of the object. For these may continue invariably the same, while the

property changes. Property, therefore, must consist in some relation of

the object. But 'tis not in its relation with regard to other external

and inanimate objects. For these may also continue invariably the

same, while the property changes. This quality, therefore, consists in

the relations of objects to intelligent and rational beings. But 'tis

not the external and corporeal relation which forms the essence of

property. For that relation may be the same betwixt inanimate objects,

or with regard to brute creatures; though in those cases it forms no

property. 'Tis therefore in some internal relation that the property

consists; that is, in some influence which the external relations of

the object have on the mind and actions. Thus, the external relation

which we call _occupation_ or first possession, is not of itself

imagined to be the property of the object, but only to cause its

property. Now, 'tis evident this external relation causes nothing in

external objects, and has only an influence on the mind, by giving us

a sense of duty in abstaining from that object, and in restoring it to

the first possessor. These actions are properly what we call _justice_;

and consequently 'tis on that virtue that the nature of property

depends, and not the virtue on the property.

If any one, therefore, would assert that justice is a natural virtue,

and injustice a natural vice, he must assert, that abstracting from the

notions of _property_ and _right_ and _obligation_, a certain conduct

and train of actions, in certain external relations of objects, has

naturally a moral beauty or deformity, and causes an original pleasure

or uneasiness. Thus, the restoring a man's goods to him is considered

as virtuous, not because nature has annexed a certain sentiment of

pleasure to such a conduct with regard to the property of others, but

because she has annexed that sentiment to such a conduct, with regard

to those external objects of which others have had the first or long

possession, or which they have received by the consent of those who

have had first or long possession. If nature has given us no such

sentiment, there is not naturally, nor antecedent to human conventions,

any such thing as property. Now, though it seems sufficiently evident,

in this dry and accurate consideration of the present subject, that

nature has annexed no pleasure or sentiment of approbation to such a

conduct, yet, that I may leave as little room for doubt as possible, I

shall subjoin a few more arguments to confirm my opinion.

_First_, If nature had given us a pleasure of this kind, it would

have been as evident and discernible as on every other occasion; nor

should we have found any difficulty to perceive, that the consideration

of such actions, in such a situation, gives a certain pleasure and

sentiment of approbation. We should not have been obliged to have

recourse to notions of property in the definition of justice, and at

the same time make use of the notions of justice in the definition of

pro-property. This deceitful method of reasoning is a plain proof that

there are contained in the subject some obscurities and difficulties

which we are not able to surmount, and which we desire to evade by this

artifice.

_Secondly_, Those rules by which properties, rights and obligations

are determined, have in them no marks of a natural origin, but many

of artifice and contrivance. They are too numerous to have proceeded

from nature; they are changeable by human laws; and have all of them a

direct and evident tendency to public good, and the support of civil

society. This last circumstance is remarkable upon two accounts.

_First_, Because, though the cause of the establishment of these laws

had been a _regard_ for the public good, as much as the public good

is their natural tendency, they would still have been artificial, as

being purposely contrived, and directed to a certain end. _Secondly_,

Because, if men had been endowed with such a strong regard for public

good, they would never have restrained themselves by these rules; so

that the laws of justice arise from natural principles, in a manner

still more oblique and artificial. 'Tis self-love which is their real

origin; and as the self-love of one person is naturally contrary to

that of another, these several interested passions are obliged to

adjust themselves after such a manner as to concur in some system

of conduct and behaviour. This system, therefore, comprehending the

interest of each individual, is of course advantageous to the public,

though it be not intended for that purpose by the inventors.

II. In the _second_ place, we may observe, that all kinds of vice

and virtue run insensibly into each other, and may approach by such

imperceptible degrees as will make it very difficult, if not absolutely

impossible, to determine when the one ends and the other begins; and

from this observation we may derive a new argument for the foregoing

principle. For, whatever may be the case with regard to all kinds

of vice and virtue, 'tis certain that rights, and obligations, and

property, admit of no such insensible gradation, but that a man

either has a full and perfect property, or none at all; and is either

entirely obliged to perform any action, or lies under no manner of

obligation. However civil laws may talk of a perfect _dominion_, and of

an imperfect, 'tis easy to observe, that this arises from a fiction,

which has no foundation in reason, and can never enter into our notions

of natural justice and equity. A man that hires a horse, though but

for a day, has as full a right to make use of it for that time, as he

whom we call its proprietor has to make use of it any other day; and

'tis evident that, however the use may be bounded in time or degree,

the right itself is not susceptible of any such gradation, but is

absolute and entire, so far as it extends. Accordingly, we may observe,

that this right both arises and perishes in an instant; and that a man

entirely acquires the property of any object by occupation, or the

consent of the proprietor; and loses it by his own consent, without any

of that insensible gradation which is remarkable in other qualities and

relations. Since, therefore, this is the case with regard to property,

and rights, and obligations, I ask, how it stands with regard to

justice and injustice? After whatever manner you answer this question,

you run into inextricable difficulties. If you reply, that justice

and injustice admit of degree, and run insensibly into each other,

you expressly contradict the foregoing position, that obligation and

property are not susceptible of such a gradation. These depend entirely

upon justice and injustice, and follow them in all their variations.

Where the justice is entire, the property is also entire: where the

justice is imperfect, the property must also be imperfect. And _vice

versa_, if the property admit of no such variations, they must also

be incompatible with justice. If you assent, therefore, to this last

proposition, and assert that justice and injustice are not susceptible

of degrees, you in effect assert that they are not _naturally_ either

vicious or virtuous; since vice and virtue, moral good and evil, and

indeed all _natural_ qualities, run insensibly into each other, and are

on many occasions undistinguishable.

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 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 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. 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.

Philosophical Works, v. 2 (of 4) Including All the Essays, and Exhibiting the More Important Alterations and Corrections in the Successive Editions Published by the Author · 第 6 / 14 章