APPENDIX III. SOME FARTHER CONSIDERATIONS WITH REGARD THE intention of this Appendix is to give some more particular explication of the origin and nature of Justice, and to mark some differences between it and the other virtues. The social virtues of humanity and benevolence exert their influence immediately by a direct tendency or instinct, which chiefly keeps in view the simple object, moving the affections, and comprehends not any scheme or system, nor the consequences resulting from the concurrence, imitation, or example of others. A parent flies to the relief of his child; transported by that natural sympathy which actuates him, and which affords no leisure to reflect on the sentiments or conduct of the rest of mankind in like circumstances. A generous man cheerfully embraces an opportunity of serving his friend; because he then feels himself under the dominion of the beneficent affections; nor is he concerned whether any other person in the universe were ever before actuated by such noble motives, or will ever afterwards prove their influence. In all these cases, the social passions have in view a single individual object, and pursue the safety or happiness alone of the person loved and esteemed. With this they are satisfied: In this they acquiesce. And as the good resulting from their benign influence is in itself complete and entire, it also excites the moral sentiment of approbation, without any reflection on farther consequences, and without any more enlarged views of the concurrence or imitation of the other members of society. On the contrary, were the generous friend or disinterested patriot to stand alone in the practice of beneficence; this would rather enhance his value in our eyes, and join the praise of rarity and novelty to his other more exalted merits. The case is not the same with the social virtues of justice and fidelity. They are highly useful, or indeed absolutely necessary to the well-being of mankind: But the benefit resulting from them is not the consequence of every individual single act; but arises from the whole scheme or system, concurred in by the whole, or the greater part of the society. General peace and order are the attendants of justice, or a general abstinence from the possessions of others But a particular regard to the particular right of one individual citizen may frequently, considered in itself, be productive of pernicious consequences. The result of the individual acts is here, in many instances, directly opposite to that of the whole system of actions; and the former may be extremely hurtful, while the latter is, to the highest degree, advantageous. Riches inherited from a parent are, in a bad man's hand, the instrument of mischief. The right of succession may, in one instance, be hurtful. Its benefit arises only from the observance of the general rule ; and it is sufficient, if compensation be thereby made for all the ills and inconveniencies which flow from particular characters and situations. Cyrus, young and inexperienced, considered only the individual case before him, and reflected on a limited fitness and convenience, when he assigned the long coat to the tall boy, and the short coat to the other of smaller size. His governor instructed him better'; while he pointed out more enlarged views and consequences, and informed hist pupil of the general, inflexible rules, necessary to support general peace and order in society. The happiness and prosperity of mankind, arising from the social virtues of benevolence and its subdivisions, may be compared to a wall, built by many hands; which still rises by each stone that is heaped upon it, and receives increase proportional to the diligence and care of each workman. The same happiness, raised by the social virtue of justice and its subdivisions, may be compared to the building of a vault, where each individual stone would, of itself, fall to the ground; nor is the whole fabric supported but by the mutual assistance and combination of its corresponding parts. All the laws of nature, which regulate property, as well as all civil laws, are general, and regard alone some essentiał circumstances of the case, without taking into consideration the characters, situations, and connections of the person concerned, or any particular consequences which may result from the determination of these laws, in any particular case which offers. They deprive, without scruple, a beneficent man of all his possessions, if acquired by mistake, without a good title; in order to bestow them on a selfish miser, who has already heaped up immense stores of superfluous riches. Public utility requires that property should be regulated by general, inflexible rules; and though such rules are adopted as best serve the same end of public utility, it is impossible for them to prevent all particular hardships, or make beneficial consequences result from every individual case. It is sufficient, if the whole plan or scheme be necessary to the support of civil society, and if the balance of good, in the main, do thereby preponderate much above that of evil. Even the general laws of the universe, though planned by Infinite Wisdom, cannot exclude all evil or inconvenience, in every particular operation. It has been asserted by some, that justice arises from HUMAN CONVENTIONS, and proceeds from the voluntary choice, consent, or combination of mankind. If by convention be here meant a promise (which is the most usual sense of the word), nothing can be more absurd than this position. The observance of promises is itself one of the most considerable parts of justice; and we are not surely bound to keep our word, because we have given our word to keep it. But if by convention be meant a sense of common interest; which sense each man feels in his own breast, which he remarks in his fellows, and which carries him, in concurrence with others, into a general plan or system of actions which tends to public utility; it must be owned, that, in this sense, justice arises from human conventions. For if it be allowed (what is, indeed, evident) that the particular consequences of a particular act of justice may be hurtful to the public as well as to individuals; it follows, that every man, in embracing that virtue, must have an eye to the whole plan or system, and must expect the concur rence of his fellows in the same conduct and behaviour. Did all his views terminate in the consequences of each act of his own, his benevolence and humanity, as well as his self-love, might often prescribe to him measures of conduct very different from those which are agreeable to the strict rules of right and justice. Thus two men pull the oars of a boat by common convention, for common interest, without any promise or contract: Thus gold and silver are made the measures of exchange; thus speech, and words, and language, are fixed by human convention and agreement. Whatever is advantageous to two or more persons, if all perform their part; but what loses all advantage, if only one perform, can arise from no other principle. There would otherwise be no motive for any one of them to enter into that scheme of conducta. The word natural is commonly taken in so many senses, and is of so loose a signification, that it seems vain to dispute whether justice be natural or not. If self-love, if be nevolence be natural to man; if reason and forethought be also natural; then may the same epithet be applied to justice, order, fidelity, property, society. Men's inclination, their necessities, lead them to combine; their understanding and experience tell them, that this combination is impossible, where each governs himself by no rule, and pays no regard to the possessions of others: And from these passions and reflections conjoined, as soon as we observe like passions and reflections in others, the sentiment of justice, throughout all ages, has infallibly and certainly had place, to some degree or other, in every individual of the human species. In so sagacious an animal, what necessarily arises from the exertion of his intellectual faculties, may justly be esteemed natural Among all civilized nations, it has been the constant endeavour to remove every thing arbitrary and partial from the decision of property, and to fix the sentence of judges by such general views and considerations as may be equal to every member of the society. For besides that nothing could be more dangerous than to accustom the bench, even in the smallest instance, to regard private friendship or enmity; it is certain that men, where they imagine that there * See NOTE [PP.] ↳ See NOTE [QQ.1 |