A Treatise of Human Nature by David Hume, - HTML preview

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PART II OF JUSTICE AND INJUSTICE

SECT. I JUSTICE, WHETHER A NATURAL OR ARTIFICIAL VIRTUE?

I have already hinted, that our sense of every kind of virtue is not

natural; but that there are some virtues, that produce pleasure and

approbation by means of an artifice or contrivance, which arises from

the circumstances and necessity of mankind. Of this kind I assert

justice to be; and shall endeavour to defend this opinion by a short,

and, I hope, convincing argument, before I examine the nature of the

artifice, from which the sense of that virtue is derived.

It is evident, that when we praise any actions, we regard only the

motives that produced them, and consider the actions as signs or

indications of certain principles in the mind and temper. The external

performance has no merit. We must look within to find the moral quality.

This we cannot do directly; and therefore fix our attention on actions,

as on external signs. But these actions are still considered as signs;

and the ultimate object of our praise and approbation is the motive,

that produced them.

After the same manner, when we require any action, or blame a person for

not performing it, we always suppose, that one in that situation should

be influenced by the proper motive of that action, and we esteem it

vicious in him to be regardless of it. If we find, upon enquiry, that

the virtuous motive was still powerful over his breast, though checked

in its operation by some circumstances unknown to us, we retract our

blame, and have the same esteem for him, as if he had actually performed

the action, which we require of him.

It appears, therefore, that all virtuous actions derive their merit

only from virtuous motives, and are considered merely as signs of those

motives. From this principle I conclude, that the first virtuous motive,

which bestows a merit on any action, can never be a regard to the virtue

of that action, but must be some other natural motive or principle. To

suppose, that the mere regard to the virtue of the action may be the

first motive, which produced the action, and rendered it virtuous, is to

reason in a circle. Before we can have such a regard, the action must

be really virtuous; and this virtue must be derived from some virtuous

motive: And consequently the virtuous motive must be different from the

regard to the virtue of the action. A virtuous motive is requisite to

render an action virtuous. An action must be virtuous, before we can

have a regard to its virtue. Some virtuous motive, therefore, must be

antecedent to that regard.

Nor is this merely a metaphysical subtilty; but enters into all our

reasonings in common life, though perhaps we may not be able to place it

in such distinct philosophical terms. We blame a father for neglecting

his child. Why? because it shews a want of natural affection, which is

the duty of every parent. Were not natural affection a duty, the care of

children coued not be a duty; and it were impossible we coued have the

duty in our eye in the attention we give to our offspring. In this case,

therefore, all men suppose a motive to the action distinct from a sense

of duty.

Here is a man, that does many benevolent actions; relieves the

distressed, comforts the afflicted, and extends his bounty even to the

greatest strangers. No character can be more amiable and virtuous. We

regard these actions as proofs of the greatest humanity.

This humanity

bestows a merit on the actions. A regard to this merit is, therefore,

a secondary consideration, and derived from the antecedent principle of

humanity, which is meritorious and laudable.

In short, it may be established as an undoubted maxim, THAT NO ACTION

CAN BE VIRTUOUS, OR MORALLY GOOD, UNLESS THERE BE IN

HUMAN NATURE SOME

MOTIVE TO PRODUCE IT, DISTINCT FROM THE SENSE OF ITS

MORALITY.

But may not the sense of morality or duty produce an action, without any

other motive? I answer, It may: But this is no objection to the present

doctrine. When any virtuous motive or principle is common in human

nature, a person, who feels his heart devoid of that motive, may hate

himself upon that account, and may perform the action without the

motive, from a certain sense of duty, in order to acquire by practice,

that virtuous principle, or at least, to disguise to himself, as much

as possible, his want of it. A man that really feels no gratitude in his

temper, is still pleased to perform grateful actions, and thinks he has,

by that means, fulfilled his duty. Actions are at first only considered

as signs of motives: But it is usual, in this case, as in all others, to

fix our attention on the signs, and neglect, in some measure, the thing

signifyed. But though, on some occasions, a person may perform an action

merely out of regard to its moral obligation, yet still this supposes

in human nature some distinct principles, which are capable of producing

the action, and whose moral beauty renders the action meritorious.

Now to apply all this to the present case; I suppose a person to have

lent me a sum of money, on condition that it be restored in a few days;

and also suppose, that after the expiration of the term agreed on, he

demands the sum: I ask, What reason or motive have I to restore the

money? It will, perhaps, be said, that my regard to justice, and

abhorrence of villainy and knavery, are sufficient reasons for me, if

I have the least grain of honesty, or sense of duty and obligation. And

this answer, no doubt, is just and satisfactory to man in his civilized

state, and when trained up according to a certain discipline and

education. But in his rude and more natural condition, if you are

pleased to call such a condition natural, this answer would be rejected

as perfectly unintelligible and sophistical. For one in that situation

would immediately ask you, WHEREIN CONSISTS THIS HONESTY

AND JUSTICE,

WHICH YOU FIND IN RESTORING A LOAN, AND ABSTAINING FROM

THE PROPERTY

OF OTHERS? It does not surely lie in the external action. It must,

therefore be placed in the motive, from which the external action is

derived. This motive can never be a regard to the honesty of the action.

For it is a plain fallacy to say, that a virtuous motive is requisite

to render an action honest, and at the same time that a regard to the

honesty is the motive of the action. We can never have a regard to the

virtue of an action, unless the action be antecedently virtuous. No

action can be virtuous, but so far as it proceeds from a virtuous

motive. A virtuous motive, therefore, must precede the regard to the

virtue, and it is impossible, that the virtuous motive and the regard to

the virtue can be the same.

It is requisite, then, to find some motive to acts of justice and

honesty, distinct from our regard to the honesty; and in this lies the

great difficulty. For should we say, that a concern for our private

interest or reputation is the legitimate motive to all honest actions;

it would follow, that wherever that concern ceases, honesty can no

longer have place. But it is certain, that self-love, when it acts at

its liberty, instead of engaging us to honest actions, is the source

of all injustice and violence; nor can a man ever correct those vices,

without correcting and restraining the natural movements of that

appetite.

But should it be affirmed, that the reason or motive of such actions is

the regard to publick interest, to which nothing is more contrary than

examples of injustice and dishonesty; should this be said, I would

propose the three following considerations, as worthy of our attention.

First, public interest is not naturally attached to the observation of

the rules of justice; but is only connected with it, after an artificial

convention for the establishment of these rules, as shall be shewn more

at large hereafter. Secondly, if we suppose, that the loan was secret,

and that it is necessary for the interest of the person, that the money

be restored in the same manner (as when the lender would conceal his

riches) in that case the example ceases, and the public is no longer

interested in the actions of the borrower; though I suppose there is no

moralist, who will affirm, that the duty and obligation ceases. Thirdly,

experience sufficiently proves, that men, in the ordinary conduct

of life, look not so far as the public interest, when they pay their

creditors, perform their promises, and abstain from theft, and robbery,

and injustice of every kind. That is a motive too remote and too sublime

to affect the generality of mankind, and operate with any force in

actions so contrary to private interest as are frequently those of

justice and common honesty.

In general, it may be affirmed, that there is no such passion in human

minds, as the love of mankind, merely as such, independent of personal

qualities, of services, or of relation to ourseit It is true, there is

no human, and indeed no sensible, creature, whose happiness or misery

does not, in some measure, affect us when brought near to us, and

represented in lively colours: But this proceeds merely from sympathy,

and is no proof of such an universal affection to mankind, since this

concern extends itself beyond our own species. An affection betwixt the

sexes is a passion evidently implanted in human nature; and this passion

not only appears in its peculiar symptoms, but also in inflaming every

other principle of affection, and raising a stronger love from beauty,

wit, kindness, than what would otherwise flow from them.

Were there an

universal love among all human creatures, it would appear after the same

manner. Any degree of a good quality would cause a stronger affection

than the same degree of a bad quality would cause hatred; contrary to

what we find by experience. Men's tempers are different, and some have a

propensity to the tender, and others to the rougher, affections: But

in the main, we may affirm, that man in general, or human nature, is

nothing but the object both of love and hatred, and requires some other

cause, which by a double relation of impressions and ideas, may excite

these passions. In vain would we endeavour to elude this hypothesis.

There are no phaenomena that point out any such kind affection to

men, independent of their merit, and every other circumstance. We

love company in general; but it is as we love any other amusement. An

Englishman in Italy is a friend: A Euro paean in China; and perhaps a

man would be beloved as such, were we to meet him in the moon. But

this proceeds only from the relation to ourselves; which in these cases

gathers force by being confined to a few persons.

If public benevolence, therefore, or a regard to the interests of

mankind, cannot be the original motive to justice, much less can private

benevolence, or a regard to the interests of the party concerned, be

this motive. For what if he be my enemy, and has given me just cause to

hate him? What if he be a vicious man, and deserves the hatred of all

mankind? What if he be a miser, and can make no use of what I would

deprive him of? What if he be a profligate debauchee, and would rather

receive harm than benefit from large possessions? What if I be in

necessity, and have urgent motives to acquire something to my family?

In all these cases, the original motive to justice would fail; and

consequently the justice itself, and along with it all property, tight,

and obligation.

A rich man lies under a moral obligation to communicate to those in

necessity a share of his superfluities. Were private benevolence the

original motive to justice, a man would not be obliged to leave others

in the possession of more than he is obliged to give them. At least

the difference would be very inconsiderable. Men generally fix their

affections more on what they are possessed of, than on what they never

enjoyed: For this reason, it would be greater cruelty to dispossess a

man of any thing, than not to give it him. But who will assert, that

this is the only foundation of justice?

Besides, we must consider, that the chief reason, why men attach

themselves so much to their possessions is, that they consider them

as their property, and as secured to them inviolably by the laws of

society. But this is a secondary consideration, and dependent on the

preceding notions of justice and property.

A man's property is supposed to be fenced against every mortal, in every

possible case. But private benevolence is, and ought to be, weaker in

some persons, than in others: And in many, or indeed in most persons,

must absolutely fail. Private benevolence, therefore, is not the

original motive of justice.

From all this it follows, that we have no real or universal motive for

observing the laws of equity, but the very equity and merit of that

observance; and as no action can be equitable or meritorious, where

it cannot arise from some separate motive, there is here an evident

sophistry and reasoning in a circle. Unless, therefore, we will allow,

that nature has established a sophistry, and rendered it necessary and

unavoidable, we must allow, that the sense of justice and injustice is

not derived from nature, but arises artificially, though necessarily

from education, and human conventions.

I shall add, as a corollary to this reasoning, that since no action can

be laudable or blameable, without some motives or impelling passions,

distinct from the sense of morals, these distinct passions must have a

great influence on that sense. It is according to their general force

in human nature, that we blame or praise. In judging of the beauty of

animal bodies, we always carry in our eye the oeconomy of a certain

species; and where the limbs and features observe that proportion, which

is common to the species, we pronounce them handsome and beautiful.

In like manner we always consider the natural and usual force of the

passions, when we determine concerning vice and virtue; and if the

passions depart very much from the common measures on either side, they

are always disapproved as vicious. A man naturally loves his children

better than his nephews, his nephews better than his cousins, his

cousins better than strangers, where every thing else is equal. Hence

arise our common measures of duty, in preferring the one to the other.

Our sense of duty always follows the common and natural course of our

passions.

To avoid giving offence, I must here observe, that when I deny justice

to be a natural virtue, I make use of the word, natural, only as opposed

to artificial. In another sense of the word; as no principle of the

human mind is more natural than a sense of virtue; so no virtue is more

natural than justice. Mankind is an inventive species; and where an

invention is obvious and absolutely necessary, it may as properly be

said to be natural as any thing that proceeds immediately from original

principles, without the intervention of thought or reflection. Though

the rules of justice be artificial, they are not arbitrary. Nor is

the expression improper to call them Laws of Nature; if by natural we

understand what is common to any species, or even if we confine it to

mean what is inseparable from the species.

SECT. II OF THE ORIGIN OF JUSTICE AND PROPERTY

We now proceed to examine two questions, viz, CONCERNING

THE MANNER, IN

WHICH THE RULES OF JUSTICE ARE ESTABLISHed BY THE

ARTIFICE OF MEN;

and CONCERNING THE REASONS, WHICH DETERMINE US TO

ATTRIBUTE TO THE

OBSERVANCE OR NEGLECT OF THESE RULES A MORAL BEAUTY AND

DEFORMITY. These

questions will appear afterwards to be distinct. We shall begin with the

former.

Of all the animals, with which this globe is peopled, there is none

towards whom nature seems, at first sight, to have exercised more

cruelty than towards man, in the numberless wants and necessities, with

which she has loaded him, and in the slender means, which she affords

to the relieving these necessities. In other creatures these two

particulars generally compensate each other. If we consider the lion as

a voracious and carnivorous animal, we shall easily discover him to be

very necessitous; but if we turn our eye to his make and temper, his

agility, his courage, his arms, and his force, we shall find, that his

advantages hold proportion with his wants. The sheep and ox are deprived

of all these advantages; but their appetites are moderate, and their

food is of easy purchase. In man alone, this unnatural conjunction of

infirmity, and of necessity, may be observed in its greatest perfection.

Not only the food, which is required for his sustenance, flies his

search and approach, or at least requires his labour to be produced, but

he must be possessed of cloaths and lodging, to defend him against the

injuries of the weather; though to consider him only in himself, he

is provided neither with arms, nor force, nor other natural abilities,

which are in any degree answerable to so many necessities.

It is by society alone he is able to supply his defects, and raise

himself up to an equality with his fellow-creatures, and even acquire a

superiority above them. By society all his infirmities are compensated;

and though in that situation his wants multiply every moment upon him,

yet his abilities are still more augmented, and leave him in every

respect more satisfied and happy, than it is possible for him, in his

savage and solitary condition, ever to become. When every individual

person labours a-part, and only for himself, his force is too small to

execute any considerable work; his labour being employed in supplying

all his different necessities, he never attains a perfection in any

particular art; and as his force and success are not at all times equal,

the least failure in either of these particulars must be attended with

inevitable ruin and misery. Society provides a remedy for these three

inconveniences. By the conjunction of forces, our power is augmented:

By the partition of employments, our ability encreases: And by mutual

succour we are less exposed to fortune and accidents. It is by

this additional force, ability, and security, that society becomes

advantageous.

But in order to form society, it is requisite not only that it be

advantageous, but also that men be sensible of these advantages; and

it is impossible, in their wild uncultivated state, that by study and

reflection alone, they should ever be able to attain this knowledge.

Most fortunately, therefore, there is conjoined to those necessities,

whose remedies are remote and obscure, another necessity, which having a

present and more obvious remedy, may justly be regarded as the first

and original principle of human society. This necessity is no other than

that natural appetite betwixt the sexes, which unites them together, and

preserves their union, till a new tye takes place in their concern for

their common offspring. This new concern becomes also a principle of

union betwixt the parents and offspring, and forms a more numerous

society; where the parents govern by the advantage of their superior

strength and wisdom, and at the same time are restrained in the exercise

of their authority by that natural affection, which they bear their

children. In a little time, custom and habit operating on the tender

minds of the children, makes them sensible of the advantages, which they

may reap from society, as well as fashions them by degrees for it, by

rubbing off those rough corners and untoward affections, which prevent

their coalition.

For it must be confest, that however the circumstances of human nature

may render an union necessary, and however those passions of lust and

natural affection may seem to render it unavoidable; yet there are other

particulars in our natural temper, and in our outward circumstances,

which are very incommodious, and are even contrary to the requisite

conjunction. Among the former, we may justly esteem our selfishness to

be the most considerable. I am sensible, that generally speaking, the

representations of this quality have been carried much too far; and that

the descriptions, which certain philosophers delight so much to form

of mankind in this particular, are as wide of nature as any accounts

of monsters, which we meet with in fables and romances.

So far from

thinking, that men have no affection for any thing beyond themselves,

I am of opinion, that though it be rare to meet with one, who loves any

single person better than himself; yet it is as rare to meet with one,

in whom all the kind affections, taken together, do not overbalance all

the selfish. Consult common experience: Do you not see, that though

the whole expence of the family be generally under the direction of the

master of it, yet there are few that do not bestow the largest part of

their fortunes on the pleasures of their wives, and the education of

their children, reserving the smallest portion for their own proper use

and entertainment. This is what we may observe concerning such as have

those endearing ties; and may presume, that the case would be the same

with others, were they placed in a like situation.

But though this generosity must be acknowledged to the honour of human

nature, we may at the same time remark, that so noble an affection,

instead of fitting men for large societies, is almost as contrary

to them, as the most narrow selfishness. For while each person loves

himself better than any other single person, and in his love to others

bears the greatest affection to his relations and acquaintance, this

must necessarily produce an oppositon of passions, and a consequent

opposition of actions; which cannot but be dangerous to the

new-established union.

It is however worth while to remark, that this contrariety of passions

would be attended with but small danger, did it not concur with

a peculiarity in our outward circumstances, which affords it an

opportunity of exerting itself. There are different species of goods,

which we are possessed of; the internal satisfaction of our minds, the

external advantages of our body, and the enjoyment of such possessions

as we have acquired by our industry and good fortune. We are perfectly

secure in the enjoyment of the first. The second may be ravished from

us, but can be of no advantage to him who deprives us of them. The last

only are both exposed to the violence of others, and may be transferred

without suffering any loss or alteration; while at the same time, there

is not a sufficient quantity of them to supply every one's desires and

necessities. As the improvement, therefore, of these goods is the chief

advantage of society, so the instability of their possession, along with

their scarcity, is the chief impediment.

In vain should we expect to find, in uncultivated nature, a remedy to

this inconvenience; or hope for any inartificial principle of the

human mind, which might controul those partial affections, and make us

overcome the temptations arising from our circumstances.