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 concurrence 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 conduct ".

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 benevolence 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 [QQ•]

• See NOTE [PP.]

was no other reason for the preference of their adversary but personal favour, are apt to entertain the strongest illwill against the magistrates and judges. When natural reason, therefore, points out no fixed view of public utility, by which a controversy of property can be decided, positive laws are often framed to supply its place, and direct the procedure of all courts of judicature. Where these two fail, as often happens, precedents are called for; and a former decision, though given itself without any sufficient reason, justly becomes a sufficient reason for a new decision. If direct laws and precedents be wanting, imperfect and indirect ones are brought in aid; and the controverted case is ranged under them, by analogical reasonings, and comparisons, and similitudes, and correspondences, which are often more fanciful than real. In general, it may safely be affirmed, that jurisprudence is, in this respect, different from all the sciences; and that in many of its nicer questions, there cannot properly be said to be truth or falsehood on either side. If one pleader bring the case under any former law or precedent, by a refined analogy or comparison; the opposite pleader is not at a loss to find an opposite analogy or comparison: And the preference given by the judge is often founded more on taste and imagination than on any solid argument. Public utility is the general object of all courts of judicature; and this utility too, requires a stable rule in all controversies: But where several rules, nearly equal and indifferent, present themselves, it is a very slight turn of thought which fixes the decision in favour of either party.

We may just observe, before we conclude this subject, that after the laws of justice are fixed by views of general

See NOTE [RR]

utility, the injury, the hardship, the harm which result to an individual from a violation of them, enter very much into consideration, and are a great source of that universal blame which attends every wrong or iniquity. By the laws of society, this coat, this horse is mine, and ought to remain perpetually in my possession: I reckon on the secure enjoyment of it: By depriving me of it, you disappoint my expectations, and doubly displease me, and offend every bystander. It is a public wrong, so far as the rules of equity are violated; It is a private harm, so far as an individual is injured. And though the second consideration could have no place, were not the former previously established; for otherwise the distinction of mine and thine would be unknown in society; yet there is no question but the regard to general good is much enforced by the respect to particular. What injures the community, without hurting any individual, is often more lightly thought of: But where the greatest public wrong is also conjoined with a considerable private one, no wonder the highest disapprobation attends so iniquitous a behaviour.

APPENDIX IV.

OF SOME VERBAL DISPUTES.

NOTHING is more usual than for philosophers to encroach upon the province of grammarians, and to engage in disputes of words, while they imagine that they are handling controversies of the deepest importance and concern. It was in order to avoid altercations, so frivolous and endless, that I endeavoured to state, with the utmost caution, the object of our present inquiry; and proposed simply to collect, on the one hand, a list of those mental qualities which are the object of love or esteem, and form a part of personal merit; and, on the other hand, a catalogue of those qualities which are the object of censure or reproach, and which detract from the character of the person possessed of them; subjoining some reflections concerning the origin of these sentiments of praise or blame. On all occasions, where there might arise the least hesitation, I avoided the terms virtue and vice; because some of those qualities which I classed among the objects of praise receive, in the English language, the appellation of talents rather than of virtues; as some of the blamcable or censurable qualities are often called defects rather than vices. It may now, perhaps, be expected, that before we conclude this moral inquiry, we should exactly separate the one from the other; should mark the precise boundaries of virtues and talents, vices