Natural Rights on the Threshold of the Scottish Enlightenment. Gershom Carmichael

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СКАЧАТЬ done, that no man has the right to enslave another, “for men are not among the objects which God has allowed the human race to enjoy dominion over.”⁴ He defended the theory, common to all the early modern natural jurists, that civil or political societies have their origin in an original contract, a theory which appealed to post-revolutionary Scottish thinkers, inasmuch as it excluded (particularly in Locke’s formulation) any claim to political power on the grounds of hereditary right.

      One of the persistent themes in Carmichael’s commentary was his insistence, against Pufendorf, that individuals and peoples have a right to resist governments which invade their rights and liberties. Carmichael considered such a right of resistance to be a corollary of the respect for oneself and for others required by the law of nature. The same concern for the rights of individuals and of peoples led him to challenge Pufendorf’s theory that subjects may be forced to consent to a government imposed by a conqueror for the sake of peace and sociable living. Carmichael’s concern was again the loss of liberty and self-respect of individuals and peoples. He insisted, against Pufendorf, on the continuity of the Scottish people and, against George Mackenzie, on the limited government of Scotland in ancient times. He believed that the liberty and dignity of the Scottish people had been well secured by the limitations insisted upon in the Act of Union of 1707 and by the accession of the House of Hanover, “a family which has given us the most Serene King George, today happily ruling over us, and which will continue to afford a line of pious Kings, who will endure, if Britain’s prayers prevail, as long as the sun and the moon.”⁵

      The academic world which Carmichael inhabited included moral philosophers and natural jurists beyond the boundaries of Scotland and Great Britain. Pufendorf’s texts on moral philosophy and the law of nature were required reading for university students across Protestant Europe. The common language of academic life, Latin, facilitated direct exchange, mutual assistance in the clarification of ideas, and debate. Carmichael referred frequently in his observations on the law of nature to Gottlieb Gerhard Titius (1661–1714), author of a commentary on Pufendorf, and a distinguished professor of Roman law at the University of Leipzig. Titius was particularly critical of Pufendorf’s depiction of the state of nature as a condition of indigence, weakness, and malice. Titius described the state of nature as a condition of natural sociability and moderate self-love. He was also critical of Pufendorf’s account of the pretended advantages of civil society. Titius reminded readers that in society subjects often suffer from persecution and cruelly conducted wars. He described slavery, in language noted by Carmichael, as “a sure sign of the death of sociability.”⁶

      The outstanding authority on natural jurisprudence in the early eighteenth century was Jean Barbeyrac (1672–1744). His translations and voluminous commentaries on the writings of Grotius, Pufendorf, and Cumberland were remarkable for their erudition. He considered the early modern natural law tradition the most effective antidote to skepticism in morals and politics. But he also acknowledged the validity of many of the insights of Pierre Bayle and others. He corresponded with Locke and shared many of Locke’s theological convictions. He quarreled with orthodox members of the Reformed Church in the cities where he taught: in Berlin, Lausanne, and Groningen, where he spent the latter part of his life (1717–44).

      Carmichael wrote to Barbeyrac and sent him a copy of the first edition of his Supplements and Observations on Pufendorf’s work On the Duty of Man and Citizen. Barbeyrac responded in kind,⁷ sending Carmichael the fourth edition of the same work, which contained Barbeyrac’s long rejoinder to criticisms of Pufendorf that had been made by Leibniz. He subsequently acknowledged assistance he had received from Carmichael in interpreting Pufendorf and on points of translation.⁸ The two men agreed that Pufendorf had made insufficient provision for the natural right of self-defense. They agreed that Locke’s explanation of the right of property as the product of labor was more satisfactory than Pufendorf’s account, which made proprietorship dependent on consent. They further agreed that a people must be allowed a right of resistance to a government that attempts to deprive its subjects of their rights. But they frequently differed: on the interpretation of contracts; on quasi contracts, or obligations arising from the circumstances of life; on the rights of slaves; on whether societies, as distinct from governments, had their beginnings in a contract; and on the rights of conquerors. Their differences turned ultimately on whether considerations of humanity, of a disposition of reverence for the deity, of the relevance of the divine court or forum should have a place in natural jurisprudence. Barbeyrac was skeptical of the appropriateness of such considerations in natural law. In Carmichael’s understanding of the law of nature, reverence for God and for God’s creation were matters of fundamental importance.

      Carmichael was succeeded as Professor of Moral Philosophy at the University of Glasgow by Francis Hutcheson, who generously acknowledged his debt to Carmichael in his own work prepared for the instruction of students, A Short Introduction to Moral Philosophy:

      The learned will at once discern how much of this compend is taken from the writings of others, … to name no other moderns, from Pufendorf’s smaller work, de officio hominis et civis, which that worthy and ingenious man the late Professor Gershom Carmichael of Glasgow, by far the best commentator on that work, has so supplied and corrected that the notes are of much more value than the text.⁹

      Hutcheson’s relationship with Carmichael is complicated by the fact that the distinctive feature of Hutcheson’s moral philosophy, as expressed in his English language writings directed to adult readers—his theory of a moral sense which brings ideas of virtue and vice before the mind—has no parallel in Carmichael’s work. Hutcheson was also concerned to emphasize that moral distinctions did not depend upon whether or not one might be judged to have acted in a spirit of reverence for the deity. Insofar as the enlightenment in Scotland may be considered to have been a repudiation of Reformed or Presbyterian scholasticism, Carmichael must be perceived to have been a figure of a pre-enlightened era. But in his closely argued, often inspired celebration of the natural rights of individuals and of peoples, Carmichael’s work may be seen to have marked an enduring moment in moral and political speculation. It contributed, very fundamentally, to shape the agenda of instruction in moral philosophy in eighteenth-century Scotland. It may also be found to be relevant today.

ACKNOWLEDGMENTS

      Our work on the writings of Gershom Carmichael began many years ago. In the course of our studies we have incurred many obligations.

      The Social Sciences and Humanities Research Council of Canada provided generous support in the early stages of research. We are also grateful for hospitality extended to us by the Institute for Advanced Studies in the Humanities of the University of Edinburgh on different occasions.

      Our appreciation of the contexts and significance of Carmichael’s thinking has been enhanced by discussions at many seminars and colloquia where we have presented our interpretations of the texts. The scholars who have assisted us in our understanding of his writings are too numerous to be mentioned here. We are grateful for the encouragement and support we have received from colleagues and friends.

      We have depended heavily on the collaboration of librarians and archivists. The assistance of David Weston, of the Department of Special Collections of the University of Glasgow, and of Arnott Wilson, formerly of Glasgow University Archives, has been indispensable. The resourcefulness of the inter-library loan staffs at McGill University and Concordia University has been much appreciated.

      We must also record our indebtedness to Leszek Wysocki, who transcribed some of Carmichael’s dictates and reviewed an early draft of the translation.

      Our wives, finally, have been tolerant of our enthusiasm and of the time we have spent on this project. We are gratified by the opportunity this series of books affords to make Carmichael’s СКАЧАТЬ