Essays on the Principles of Morality and Natural Religion. Lord Kames (Henry Home)

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СКАЧАТЬ indulge at pleasure. For in various circumstances, the moral sense interposes, and forbids the gratification. Self-preservation is the strongest of all our principles of action, and the means are infinite which may be put in motion for that end. Yet here the moral sense frequently interposes, and gives no indulgence to the transgression of any positive duty, even for the preservation of life. Self-preservation, however it may alleviate, will not justify any wrong done to an innocent person: it will not justify treachery, nor infidelity. For once admitting it lawful to deprive a man of a hand or a foot in order to save my life; why not kill another to save my life? Both must be lawful or neither. The doctrine thus laid down in general, may be liable to misconstruction; and therefore it must be further explained. Self-preservation, it is certain, will not justify an immoral action. But then, in the circumstances of imminent danger, several actions become lawful, which are unlawful in ordinary circumstances. For example, to prevent dying of hunger, a man may take food at short-hand without consulting the proprietor. Seizing upon what belongs to another, is in ordinary circumstances an unlawful act: but in a case that can bear no delay, the act is lawful, because the approbation of the proprietor will be presumed. At any rate, it is his duty to relieve the distressed; and what he ought to give, may justly be forced from him when the delay of applying to a judge would be fatal. Another example, is the case of two men in a shipwreck, laying hold at the same instant of a plank which cannot support both. In this case it becomes lawful to struggle for the sole possession, though one must perish in the struggle: for each has an equal title to act for self-preservation; and if both cannot be preserved, mere force is the only method by which the controversy can be determined. If the moral sense have such authority over the principle of self-preservation, its authority must, if possible, be still more complete over the inferior principles that belong to the same class.

      These are the outlines of the laws which govern our actions, comprehending what we may do, what we ought to do, and what we ought not to do. The two latter, as matter of duty, are the proper objects of law, natural and municipal. And no more seems requisite but to point out our duty, by informing us of what we ought to do, and what we ought not to do; seeing actions that come not under the character of duty, may be safely left to our own will. With regard then to what may be called our duty, the first and primary law is the law of restraint, by which we are prohibited to hurt others in their persons, goods, or whatever else is dear to them. This is a law which dictates to us what ought not to be done; and so sacred it is, as to yield to none of our principles of action, not even that of self-preservation. The second, which is a law dictating what we ought to do, binds us to the performance of our promises and covenants. Veracity occupies the next place. This law excludes not fable, nor any liberty of speech which tends to amusement. It excludes deceit only, and obliges us to adhere to truth where truth is expected from us. Fidelity is a fourth law, not less vigorous, though more confined, than veracity; for, as observed above, fidelity presupposes a peculiar connection betwixt two persons, to found a reliance on the one side, and on the other an obligation to fulfil what is justly expected. Gratitude comes next, limited, like fidelity, to particular objects, but more arbitrary as to what it requires of us. Gratitude, without doubt, is strictly our duty; but the measure of performance, and the kind, are left pretty much to our own choice. Benevolence occupies the last place; which, considered abstractly, is not a positive duty. But there are many connections of different sorts that make it a duty. I shall slightly mention a few. The connection of parent and child is one of the strongest, for it makes mutual benevolence an indispensible duty. Benevolence among other blood-relations becomes also a duty in particular circumstances, though here we seldom feel ourselves so firmly bound as in the former connection. Many are the connections, some intimate, some more slight, which come under the law of equity, and which bind us to the performance of certain acts of benevolence. I shall add but one connection more, namely, that which subsists betwixt us and a person in distress. Benevolence in that case becomes the duty of every one who can afford relief.

      These several laws are admirably adjusted to our nature and circumstances, and tend in the most perfect manner to promote the ends of society. In the first place, as man is limited in power and capacity, the foregoing laws are accommodated to his nature, ordering and forbidding nothing but what falls within his power. In the second place, peace and security in society are amply provided for, by tying up the hands, as it were, of every person from harming others. In the third place, man is prompted in an admirable manner to be useful to others. It is his positive duty, to relieve the distressed and to perform his engagements. Boundless are the good offices that are enforced by veracity, fidelity, and gratitude. We are incited to do all the good we can, by the pleasure of being useful, and by grateful returns from the persons obliged. And, lastly, in competition betwixt a man himself and others, though his principles of action directed to himself, may be stronger than those directed to others; the superior rewards bestowed by the constitution of our nature upon the latter, may be deemed a sufficient counterbalance to give an ascendant to the social affections, even such of them as are left to our own will.

      It may seem strange, that the municipal law of all countries is so little regardful of the laws of nature, as to adopt but a very few of them. There never was a general law in any country, to punish ingratitude, if it was not among the ancient Persians.⁸ There is no positive law to enforce compassion, and to relieve those in distress, if the maintenance of the poor be excepted; which, in some countries, is provided for by law. No notice is taken of breach of friendship, by statute; nor of the duty we owe our children, further than of supporting them while they are under age. But municipal laws, being of human invention, are of no great extent. They cannot reach the heart nor its intentions, further than as expressed by outward acts. And these are to be judged of cautiously, and with reserve; because they form a language, dark, and at best full of ambiguities. At the same time, the object of human laws is man, considered singly in the quality of a citizen. When society is formed, and government submitted to, every private right inconsistent with society and government is surrendered. But, in every other respect, individuals reserve their independency and their private rights. Whether a man be virtuous, is not the concern of the society, at least not of its laws; but only whether he transgress the regulations that are necessary to the preservation of society. In this view, great attention is given by legislators to enforce the natural law of restraint. The like attention is given to enforce the natural obligation of engagements, and of fidelity, at least as far as relates to commerce; for infidelity in love and friendship are left to the natural law. Ingratitude is not punished by human laws, because it may be guarded against by positive engagements; nor hard-heartedness with regard to objects of distress, because society may subsist without such a law, and mankind are scarce yet arrived at such refinement in manners, as to have an abhorrence of this crime sufficient to make it an object of human punishment.

      There is another substantial reason that confines municipal laws within a much narrower compass than the laws of nature. It is essential to municipal laws, that they be clear, plain, and readily applicable to particular cases; without which judges would be arbitrary, and law made a handle for oppression. For this reason, none of our actions can be the object of positive law, but what are reducible to a precise rule. Ingratitude therefore cannot be the object of municipal laws, because the quality of the crime depends upon a multiplicity of circumstances, which can never be reduced to a precise rule. Duty to our children, friends, and relations, is mostly in the same case. The duty of relieving the distressed, depends upon many circumstances; the nature of the distress, the connection betwixt the parties, the opportunity and ability of affording relief. The abstinence from mutual harm, and the performance of promises, are capable to be brought under a precise rule, and consequently to be objects of municipal law. The chief attention of the legislature in all countries, was at first to explain and enforce the natural law of restraint, without which society cannot have a being. Municipal law was afterward extended to support promises and covenants and to enforce performance, without which society may exist, but cannot flourish. Gradual improvements in the arts of life, have in later times extended municipal law still farther. The duty of benevolence arising from certain peculiar connections among individuals, is susceptible in many cases of a precise rule. So far benevolence is also taken under the authority of the legislature, and enforced by rules passing commonly under the name of the law of equity.

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