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 inconveniences which flow from particular characters and situations.
Cyrus, young and unexperienced, 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 his 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 virtue 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 essential circumstances of the case, without taking into consideration the characters, situations, and connexions 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 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 everything 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 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 was no other reason for the preference of their adversary but personal favour, are apt to entertain the strongest ill-will 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 too 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 correspondencies, 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 utility, the injury, the hardship, the harm, which result to any 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.
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 enquiry; 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 blameable or censurable qualities are often called defects, rather than vices. It may now, perhaps, be expected that before we conclude this moral enquiry, we should exactly separate the one from the other; should mark the precise boundaries of virtues and talents, vices and defects; and should explain the reason and origin of that distinction. But in order to excuse myself from this undertaking, which would, at last, prove only a grammatical enquiry, I shall subjoin the four following reflections, which shall contain all that I intend to say on the present subject.
First, I do not find that in the English, or any other modern tongue, the boundaries are exactly fixed between virtues and talents, vices and defects, or that a precise definition can be given of the one as contradistinguished from the other. Were we to say, for instance, that the esteemable qualities alone, which are voluntary, are entitled to the appellations of virtues; we should soon recollect the qualities of courage, equanimity, patience, self-command; with many others, which almost every language classes under this appellation, though they depend little or not at all on our choice. Should we affirm that the qualities alone, which prompt us to act our part in society, are entitled to that honourable distinction; it must immediately occur that these are indeed the most valuable qualities, and are commonly denominated the SOCIAL virtues; but that this very epithet supposes that there are also virtues of another species. Should we lay hold of the distinction between INTELLECTUAL and MORAL endowments, and affirm the last alone to be the real and genuine virtues, because they alone lead to action; we should find that many of those qualities, usually called intellectual virtues, such as prudence, penetration, discernment, discretion, had also a considerable influence on conduct. The distinction between the heart and the head may also be adopted: the qualities of the first may be defined such as in their immediate exertion are accompanied with a feeling of sentiment; and these alone may be called the genuine virtues: but industry, frugality, temperance, secrecy, perseverance, and many other laudable powers or habits, generally stilled virtues are exerted without any immediate sentiment in the person possessed of them, and are only known to him by their effects. It is fortunate, amidst all this seeming perplexity, that the question, being merely verbal, cannot possibly be of any importance. A moral, philosophical discourse needs not enter into all these caprices of language, which are so variable in different dialects, and in different ages of the same dialect. But on the whole, it seems to me, that though it is always allowed, that there are virtues of many different kinds, yet, when a man is called virtuous, or is denominated a man of virtue, we chiefly regard his social qualities, which are, indeed, the most valuable. It is, at the same time, certain, that any remarkable defect in courage, temperance, economy, industry, understanding, dignity of mind, would bereave even a very good-natured, honest man of this honourable appellation. Who did ever say, except by way of irony, that such a one was a man of great virtue, but an egregious blockhead?
But, Secondly, it is no wonder that languages should not be very precise in marking the boundaries between virtues and talents, vices and defects; since there is so little distinction made in our internal estimation of them. It seems indeed certain, that the SENTIMENT of conscious worth, the self-satisfaction proceeding from a review of a man's own conduct and character; it seems certain, I say, that this sentiment, which, though the most common of all others, has no proper name in our language,
arises from the endowments of courage and capacity, industry and ingenuity, as well as from any other mental excellencies. Who, on the other hand, is not deeply mortified with reflecting on his own folly and dissoluteness, and feels not a secret sting or compunction whenever his memory presents any past occurrence, where he behaved with stupidity of ill-manners? No time can efface the cruel ideas of a man's own foolish conduct, or of affronts, which cowardice or impudence has brought upon him. They still haunt his solitary hours, damp his most aspiring thoughts, and show him, even to himself, in the most contemptible and most odious colours imaginable.
What is there too we are more anxious to conceal from others than such blunders, infirmities, and meannesses, or more dread to have exposed by raillery and satire? And is not the chief object of vanity, our bravery or learning, our wit or breeding, our eloquence or address, our taste or abilities? These we display with care, if not with ostentation; and we commonly show more ambition of excelling in them, than even in the social virtues themselves, which are, in reality, of such superior excellence. Good-nature and honesty, especially the latter, are so indispensably required, that, though the greatest censure attends any violation of these duties, no eminent praise follows such common instances of them, as seem essential to the support of human society. And hence the reason, in my opinion, why, though men often extol so liberally the qualities of their heart, they are shy in commending the endowments of their head: because the latter virtues, being supposed more rare and extraordinary, are observed to be the more usual objects of pride and self-conceit; and when boasted of, beget a strong suspicion of these sentiments.
It is hard to tell, whether you hurt a man's character most by calling him a knave or a coward, and whether a beastly glutton or drunkard be not as odious and contemptible, as a selfish, ungenerous miser. Give me my choice, and I would rather, for my own happiness and self-enjoyment, have a friendly, humane heart, than possess all the other virtues of Demosthenes and Philip united: but I would rather pass with the world for one endowed with extensive genius and intrepid courage, and should thence expect stronger instances of general applause and admiration. The figure which a man makes in life, the reception which he meets with in company, the esteem paid him by his acquaintance; all these advantages depend as much upon his good sense and judgement, as upon any other part of his character. Had a man the best intentions in the world, and were the farthest removed from all injustice and violence, he would never be able to make himself be much regarded, without a moderate share, at least, of parts and understanding.
What is it then we can here dispute about? If sense and courage, temperance and industry, wisdom and knowledge confessedly form a considerable part of PERSONAL MERIT: if a man, possessed of these qualities, is both better satisfied with himself, and better entitled to the good-will, esteem, and services of others, than one entirely destitute of them; if, in short, the SENTIMENTS are similar which arise from these endowments and from the social virtues; is there any reason for being so extremely scrupulous about a WORD, or disputing whether they be entitled to the denomination of virtues? It may, indeed, be pretended, that the sentiment of approbation, which those accomplishments produce, besides its being INFERIOR, is also somewhat DIFFERENT from that which attends the virtues of justice and humanity. But this seems not a sufficient reason for ranking them entirely under different classes and appellations. The character of Caesar and that of Cato, as drawn by Sallust, are both of them virtuous, in the strictest and most limited sense of the word; but in a different way: nor are the sentiments entirely the same which arise from them. The one produces love, the other esteem: the one is amiable, the other awful: we should wish to meet the one character in a friend; the other we should be ambitious of in ourselves. In like manner the approbation, which attends temperance or industry or frugality, may be somewhat different from that which is paid to the social virtues, without making them entirely of a different species. And, indeed, we may observe, that these endowments, more than the other virtues, produce not, all of them, the same kind of approbation. Good sense and genius beget esteem and regard: wit and humour excite love and affection.
Most people, I believe, will naturally, without premeditation, assent to the definition of the elegant and judicious poet:
Virtue (for mere good-nature is a fool) Is sense and spirit with humanity.
What pretensions has a man to our generous assistance or good offices, who has dissipated his wealth in profuse expenses, idle vanities, chimerical projects, dissolute pleasures or extravagant gaming? These vices (for we scruple not to call them such) bring misery unpitied, and contempt on every one addicted to them.
Achaeus, a wise and prudent prince, fell into a fatal snare, which cost him his crown and life, after having used every reasonable precaution to guard himself against it. On that account, says the historian, he is a just object of regard and compassion: his betrayers alone of hatred and contempt [Footnote: Polybius, lib. iii. cap. 2].
The precipitate flight and improvident negligence of Pompey, at the beginning of the civil wars, appeared such notorious blunders to Cicero, as quite palled his friendship towards that great man. In the same manner, says he, as want of cleanliness, decency, or discretion in a mistress are found to alienate our affections. For so he expresses himself, where he talks, not in the character of a philosopher, but in that of a statesman and man of the world, to his friend Atticus. [Lib. ix. epist. 10]. But the same Cicero, in imitation of all the ancient moralists, when he reasons as a philosopher, enlarges very much his ideas of virtue, and comprehends every laudable quality or endowment of the mind, under that honourable appellation. This leads to the THIRD reflection, which we proposed to make, to wit, that the ancient moralists, the best models, made no material distinction among the different species of mental endowments and defects, but treated all alike under the appellation of virtues and vices, and made them indiscriminately the object of their moral reasonings. The prudence explained in Cicero's Offices [Footnote: Lib. i. cap. 6.] is that sagacity, which leads to the discovery of truth, and preserves us from error and mistake. MAGNANIMITY, TEMPERANCE, DECENCY, are there also at large discoursed of. And as that eloquent moralist followed the common received division of the four cardinal virtues, our social duties form but one head, in the general distribution of his subject.
'Virtus autem, quae est per se ipsa laudabilis, et sine qua nihil laudari potest, tamen habet plures partes, quarum alia est alia ad laudationem aptior. Sunt enim aliae virtutes, quae videntur in moribus hominum, et quadam comitate ac beneficentia positae: aliae quae in ingenii aliqua facultate, aut animi magnitudine ac robore. Nam clementia, justitia, benignitas, fides, fortitudo in periculis communibus, jucunda est auditu in laudationibus. Omnes enim hae virtutes non tam ipsis, qui eas in se habent, quam generi hominum fructuosae putantur. Sapientia et magnitude animi, qua omnes res humanae tenues et pro nihilo putantur, et in cogitando vis quaedam ingenii, et ipsa eloquentia admirationis habet non minus, jucunditatis minus. Ipsos enim magis videntur, quos laudamus, quam illos, apud quos laudamus ornare ac tueri: sed tamen in laudenda jungenda sunt eliam haec genera virtutum. Ferunt enim aures bominum, cum ilia quae jucunda et grata, tum etiam ilia, quae mirabilia sunt in virtute, laudari.' De orat. lib. ii. cap. 84.
I suppose, if Cicero were now alive, it would be found difficult to fetter his moral sentiments by narrow systems; or persuade him, that no qualities were to be admitted as virtues, or acknowledged to be a part of PERSONAL MERIT, but what were recommended by The Whole Duty of Man.]
We need only peruse the titles of chapters in Aristotle's Ethics to be convinced that he ranks courage, temperance, magnificence, magnanimity, modesty, prudence, and a manly openness, among the virtues, as well as justice and friendship.
To SUSTAIN and to ABSTAIN, that is, to be patient and continent, appeared to some of the ancients a summary comprehension of all morals.
Epictetus has scarcely ever mentioned the sentiment of humanity and compassion, but in order to put his disciples on their guard against it. The virtue of the Stoics seems to consist chiefly in a firm temper and a sound understanding. With them, as with Solomon and the eastern moralists, folly and wisdom are equivalent to vice and virtue.
Men will praise thee, says David, [Footnote: Psalm 49th.] when thou dost well unto thyself. I hate a wise man, says the Greek poet, who is not wise to himself [Footnote: Here, Hume quotes Euripedes in Greek]. Plutarch is no more cramped by systems in his philosophy than in his history. Where he compares the great men of Greece and Rome, he fairly sets in opposition all their blemishes and accomplishments of whatever kind, and omits nothing considerable, which can either depress or exalt their characters. His moral discourses contain the same free and natural censure of men and manners.
The character of Hannibal, as drawn by Livy, [Footnote: Lib. xxi. cap. 4] is esteemed partial, but allows him many eminent virtues. Never was there a genius, says the historian, more equally fitted for those opposite offices of commanding and obeying; and it were, therefore, difficult to determine whether he rendered himself DEARER to the general or to the army. To none would Hasdrubal entrust more willingly the conduct of any dangerous enterprize; under none did the soldiers discover more courage and confidence. Great boldness in facing danger; great prudence in the midst of it. No labour could fatigue his body or subdue his mind. Cold and heat were indifferent to him: meat and drink he sought as supplies to the necessities of nature, not as gratifications of his voluptuous appetites. Waking or rest he used indiscriminately, by night or by day.—These great Virtues were balanced by great Vices; inhuman cruelty; perfidy more than punic; no truth, no faith, no regard to oaths, promises, or religion.
The character of Alexander the Sixth, to be found in Guicciardin, [Footnote: Lib. i.] is pretty similar, but juster; and is a proof that even the moderns, where they speak naturally, hold the same language with the ancients. In this pope, says he, there was a singular capacity and judgement: admirable prudence; a wonderful talent of persuasion; and in all momentous enterprizes a diligence and dexterity incredible. But these VIRTUES were infinitely overbalanced by his VICES; no faith, no religion, insatiable avarice, exorbitant ambition, and a more than barbarous cruelty.
Polybius, [Footnote: Lib. xii.] reprehending Timaeus for his partiality against Agathocles, whom he himself allows to be the most cruel and impious of all tyrants, says: if he took refuge in Syracuse, as asserted by that historian, flying the dirt and smoke and toil of his former profession of a potter; and if proceeding from such slender beginnings, he became master, in a little time, of all Sicily; brought the Carthaginian state into the utmost danger; and at last died in old age, and in possession of sovereign dignity: must he not be allowed something prodigious and extraordinary, and to have possessed great talents and capacity for business and action? His historian, therefore, ought not to have alone related what tended to his reproach and infamy; but also what might redound to his Praise and Honour.
In general, we may observe, that the distinction of voluntary or involuntary was little regarded by the ancients in their moral reasonings; where they frequently treated the question as very doubtful, WHETHER VIRTUE COULD BE TAUGHT OR NOT [Vid. Plato in Menone, Seneca de otio sap. cap. 31. So also Horace, Virtutem doctrina paret, naturane donet, Epist. lib. I. ep. 18. Aeschines Socraticus, Dial. I.]? They justly considered that cowardice, meanness, levity, anxiety, impatience, folly, and many other qualities of the mind, might appear ridiculous and deformed, contemptible and odious, though independent of the will. Nor could it be supposed, at all times, in every man's power to attain every kind of mental more than of exterior beauty.
And here there occurs the FOURTH reflection which I purposed to make, in suggesting the reason why modern philosophers have often followed a course in their moral enquiries so different from that of the ancients. In later times, philosophy of all kinds, especially ethics, have been more closely united with theology than ever they were observed to be among the heathens; and as this latter science admits of no terms of composition, but bends every branch of knowledge to its own purpose, without much regard to the phenomena of nature, or to the unbiassed sentiments of the mind, hence reasoning, and even language, have been warped from their natural course, and distinctions have been endeavoured to be established where the difference of the objects was, in a manner, imperceptible. Philosophers, or rather divines under that disguise, treating all morals as on a like footing with civil laws, guarded by the sanctions of reward and punishment, were necessarily led to render this circumstance, of VOLUNTARY or INVOLUNTARY, the foundation of their whole theory. Every one may employ TERMS in what sense he pleases: but this, in the mean time, must be allowed, that SENTIMENTS are every day experienced of blame and praise, which have objects beyond the dominion of the will or choice, and of which it behoves us, if not as moralists, as speculative philosophers at least, to give some satisfactory theory and explication.
A blemish, a fault, a vice, a crime; these expressions seem to denote different degrees of censure and disapprobation; which are, however, all of them, at the bottom, pretty nearly all the same kind of species. The explication of one will easily lead us into a just conception of the others; and it is of greater consequence to attend to things than to verbal appellations. That we owe a duty to ourselves is confessed even in the most vulgar system of morals; and it must be of consequence to examine that duty, in order to see whether it bears any affinity to that which we owe to society. It is probable that the approbation attending the observance of both is of a similar nature, and arises from similar principles, whatever appellation we may give to either of these excellencies.