Page:An Enquiry Concerning the Principles of Morals - Hume (1751).djvu/69

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Of Justice.

55

perhaps, has ever yet been communicated to the World^[1].

WHAT

↑ The Author of L'Esprit des Loix. This illustrious Writer, however, sets out with a different Theory, and supposes all Right to be founded on certain Rapports or Relations; which is a System, that, in my Opinion, never will reconcile with true Philosophy. Father Malebranche, as far as I can learn, was the first, that started this abstract Theory of Morals, which was afterwards adopted by Dr. Clarke and others; and as it excludes all Sentiment, and pretends to found every Thing on Reason, it has not wanted Followers in this philosophic Age. See Section i.. and Appendix i.. With regard to Justice, the Virtue here treated of, the Inference against this Theory seems short and conclusive. Property is allow'd to be dependant on civil Laws: Civil Laws are allow'd to have no Object but the Interest of Society: This therefore must be allow'd to be the sole Foundation of Property and Justice. Not to mention, that our Obligation itself to obey the Magistrate and his Laws is founded on nothing but the Interests of Society.
If the Ideas of Justice, sometimes, do not follow the Dispositions of civil Law; we shall find, that these Cases, instead of Objections, are Confirmations of the Theory deliver'd above. Where a civil Law is so perverse as to cross all the Interests of Society, it loses all its Authority, and Men judge by the Ideas of natural Justice, which are conformable to those Interests. Sometimes also civil Laws, for useful Purposes, require a Ceremony or Form; and where that is wanting, their Decrees run contrary to the usual Tenor of Justice; but one, who takes Advantage of such Chicanes, is not regarded as an honest Man. Thus, the Interests of Society require, that Contracts be fulfill'd; and there is not a more material Article either of natural or civil Justice: But the Omission of a trifling Circumstance will often, by Law, invalidate a Contract, in foro humano, but not in foro conscientiæ, as Divines express themselves. In these Cases, the Magistrate is suppos'd only to with-

[p55-1] The Author of L'Esprit des Loix. This illustrious Writer, however, sets out with a different Theory, and supposes all Right to be founded on certain Rapports or Relations; which is a System, that, in my Opinion, never will reconcile with true Philosophy. Father Malebranche, as far as I can learn, was the first, that started this abstract Theory of Morals, which was afterwards adopted by Dr. Clarke and others; and as it excludes all Sentiment, and pretends to found every Thing on Reason, it has not wanted Followers in this philosophic Age. See Section i.. and Appendix i.. With regard to Justice, the Virtue here treated of, the Inference against this Theory seems short and conclusive. Property is allow'd to be dependant on civil Laws: Civil Laws are allow'd to have no Object but the Interest of Society: This therefore must be allow'd to be the sole Foundation of Property and Justice. Not to mention, that our Obligation itself to obey the Magistrate and his Laws is founded on nothing but the Interests of Society.
If the Ideas of Justice, sometimes, do not follow the Dispositions of civil Law; we shall find, that these Cases, instead of Objections, are Confirmations of the Theory deliver'd above. Where a civil Law is so perverse as to cross all the Interests of Society, it loses all its Authority, and Men judge by the Ideas of natural Justice, which are conformable to those Interests. Sometimes also civil Laws, for useful Purposes, require a Ceremony or Form; and where that is wanting, their Decrees run contrary to the usual Tenor of Justice; but one, who takes Advantage of such Chicanes, is not regarded as an honest Man. Thus, the Interests of Society require, that Contracts be fulfill'd; and there is not a more material Article either of natural or civil Justice: But the Omission of a trifling Circumstance will often, by Law, invalidate a Contract, in foro humano, but not in foro conscientiæ, as Divines express themselves. In these Cases, the Magistrate is suppos'd only to with-

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