promise always regards some future time, and the will has an influence only on present actions. It follows, therefore, that since the act of the mind, which enters into a promise, and produces its obligation, is neither the resolving, desiring, nor willing any particular performance, it must necessarily be the willing of that obligation, which arises from the promise. Nor is this only a conclusion of philosophy; but is entirely conformable to our common ways of thinking and of expressing ourselves, when we say that we are bound by our own consent, and that the obligation arises from our mere will and pleasure. The only question then is, whether there be not a manifest absurdity in supposing this act of the mind, and such an absurdity as no man could fall into, whose ideas are not confounded with prejudice and the fallacious use of language.
All morality depends upon our sentiments; and when any action, or quality of the mind, pleases us after a certain manner, we say it is virtuous; and when the neglect, or nonperformance of it, displeases us after a like manner, we say that we lie under an obligation to perform it. A change of the obligation supposes a change of the sentiment; and a creation of a new obligation supposes some new sentiment to arise. But it is certain we can naturally no more change our own sentiments, than the motions of the heavens; nor by a single act of our will, that is, by a promise, render any action agreeable or disagreeable, moral or immoral; which, without that act, would have produced contrary impressions, or have been endowed with different qualities. It would be absurd, therefore, to will any new obligation, that is, any new sentiment of pain or pleasure; nor is it possible, that men could naturally fall into so gross an absurdity. A promise, therefore, is naturally something altogether unintelligible, nor is there any act of the mind belonging to it.[7] [7] Were morality discoverable by reason, and not by sentiment, it would be still more evident, that promises cou'd make no alteration upon it. Morality is suppos'd to consist in relation. Every new imposition of morality, therefore, must arise from some new relation of objects; and consequently the will could not produce immediately any change in morals, but cou'd have that effect only by producing a change upon the objects. But as the moral obligation of a promise is the pure effect of the will, without the least change in any part of the universe; it follows, that promises have no natural obligation.
Shou'd it be said, that this act of the will being in effect a new object, produces new relations and new duties; I wou'd answer, that this is a pure sophism, which may be detected by a very moderate share of accuracy and exactness. To will a new obligation, is to will a new relation of objects; and therefore, if this new relation of objects were form'd by the volition itself, we should in effect will the volition; which is plainly absurd and impossible. The will has here no object to which it cou'd tend; but must return upon itself in infinitum. The new obligation depends upon new relations.
The new relations depend upon a new volition. The new volition has for object a new obligation, and consequently new relations, and consequently a new volition; which volition again has in view a new obligation, relation and volition, without any termination. It is impossible, therefore, we cou'd ever will a new obligation; and consequently it is impossible the will cou'd ever accompany a promise, or produce a new obligation of morality.
But, secondly, if there was any act of the mind belonging to it, it could not naturally produce any obligation. This appears evidently from the foregoing reasoning. A promise creates a new obligation. A new obligation supposes new sentiments to arise. The will never creates new sentiments. There could not naturally, therefore, arise any obligation from a promise, even supposing the mind could fall into the absurdity of willing that obligation.
The same truth may be proved still more evidently by that reasoning, which proved justice in general to be an artificial virtue. No action can be required of us as our duty, unless there be implanted in human nature some actuating passion or motive, capable of producing the action. This motive cannot be the sense of duty. A sense of duty supposes an antecedent obligation: And where an action is not required by any natural passion, it cannot be required by any natural obligation; since it may be omitted without proving any defect or imperfection in the mind and temper, and consequently without any vice.
Now it is evident we have no motive leading us to the performance of promises, distinct from a sense of duty. If we thought, that promises had no moral obligation, we never should feel any inclination to observe them. This is not the case with the natural virtues. Though there was no obligation to relieve the miserable, our humanity would lead us to it; and when we omit that duty, the immorality of the omission arises from its being a proof, that we want the natural sentiments of humanity. A father knows it to be his duty to take care of his children: But he has also a natural inclination to it. And if no human creature had that inclination, no one could lie under any such obligation. But as there is naturally no inclination to observe promises, distinct from a sense of their obligation; it follows, that fidelity is no natural virtue, and that promises have no force, antecedent to human conventions.
If any one dissent from this, he must give a regular proof of these two propositions, viz. THAT THERE IS A PECULIAR ACT OF THE MIND, ANNEXT TO PROMISES; AND THAT CONSEQUENT TO THIS ACT OF THE MIND, THERE ARISES AN INCLINATION TO PERFORM, DISTINCT FROM A SENSE OF DUTY. I presume, that it is impossible to prove either of these two points; and therefore I venture to conclude that promises are human inventions, founded on the necessities and interests of society.
In order to discover these necessities and interests, we must consider the same qualities of human nature, which we have already found to give rise to the preceding laws of society. Men being naturally selfish, or endowed only with a confined generosity, they are not easily induced to perform any action for the interest of strangers, except with a view to some reciprocal advantage, which they had no hope of obtaining but by such a performance. Now as it frequently happens, that these mutual performances cannot be finished at the same instant, it is necessary, that one party be contented to remain in uncertainty, and depend upon the gratitude of the other for a return of kindness. But so much corruption is there among men, that, generally speaking, this becomes but a slender security; and as the benefactor is here supposed to bestow his favours with a view to self-interest, this both takes off from the obligation, and sets an example to selfishness, which is the true mother of ingratitude. Were we, therefore, to follow the natural course of our passions and inclinations, we should perform but few actions for the advantage of others, from distinterested views; because we are naturally very limited in our kindness and affection: And we should perform as few of that kind, out of a regard to interest; because we cannot depend upon their gratitude. Here then is the mutual commerce of good offices in a manner lost among mankind, and every one reduced to his own skill and industry for his well-being and subsistence. The invention of the law of nature, concerning the stability of possession, has already rendered men tolerable to each other; that of the transference of property and possession by consent has begun to render them mutually advantageous: But still these laws of nature, however strictly observed, are not sufficient to render them so serviceable to each other, as by nature they are fitted to become. Though possession be stable, men may often reap but small advantage from it, while they are possessed of a greater quantity of any species of goods than they have occasion for, and at the same time suffer by the want of others. The transference of property, which is the proper remedy for this inconvenience, cannot remedy it entirely; because it can only take place with regard to such objects as are present and individual, but not to such as are absent or general.
One cannot transfer the property of a particular house, twenty leagues distant; because the consent cannot be attended with delivery, which is a requisite circumstance. Neither can one transfer the property of ten bushels of corn, or five hogsheads of wine, by the mere expression and consent; because these are only general terms, and have no direct relation to any particular heap of corn, or barrels of wine. Besides, the commerce of mankind is not confined to the barter of commodities, but may extend to services and actions, which we may exchange to our mutual interest and advantage. Your corn is ripe to-day; mine will be so tomorrow. It is profitable for us both, that I should labour with you to-day, and that you should aid me to-morrow. I have no kindness for you, and know you have as little for me. I will not, therefore, take any pains upon your account; and should I labour with you upon my own account, in expectation of a return, I know I should be disappointed, and that I should in vain depend upon your gratitude. Here then I leave you to labour alone: You treat me in the same manner. The seasons change; and both of us lose our harvests for want of mutual confidence and security.
All this is the effect of the natural and inherent principles and passions of human nature; and as these passions and principles are inalterable, it may be thought, that our conduct, which depends on them, must be so too, and that it would be in vain, either for moralists or politicians, to tamper with us, or attempt to change the usual course of our actions, with a view to public interest. And indeed, did the success of their designs depend upon their success in correcting the selfishness and ingratitude of men, they would never make any progress, unless aided by omnipotence, which is alone able to new-mould the human mind, and change its character in such fundamental articles. All they can pretend to, is, to give a new direction to those natural passions, and teach us that we can better satisfy our appetites in an oblique and artificial manner, than by their headlong and impetuous motion. Hence I learn to do a service to another, without bearing him any real kindness; because I forsee, that he will return my service, in expectation of another of the same kind, and in order to maintain the same correspondence of good offices with me or with others. And accordingly, after I have served him, and he is in possession of the advantage arising from my action, he is induced to perform his part, as foreseeing the consequences of his refusal.
But though this self-interested commerce of man begins to take place, and to predominate in society, it does not entirely abolish the more generous and noble intercourse of friendship and good offices. I may still do services to such persons as I love, and am more particularly acquainted with, without any prospect of advantage; and they may make me a return in the same manner, without any view but that of recompensing my past services. In order, therefore, to distinguish those two different sorts of commerce, the interested and the disinterested, there is a certain form of words invented for the former, by which we bind ourselves to the performance of any action. This form of words constitutes what we call a promise, which is the sanction of the interested commerce of mankind. When a man says he promises any thing, he in effect expresses a resolution of performing it; and along with that, by making use of this form of words, subjects himself to the penalty of never being trusted again in case of failure. A resolution is the natural act of the mind, which promises express: But were there no more than a resolution in the case, promises would only declare our former motives, and would not create any new motive or obligation. They are the conventions of men, which create a new motive, when experience has taught us, that human affairs would be conducted much more for mutual advantage, were there certain symbols or signs instituted, by which we might give each, other security of our conduct in any particular incident, After these signs are instituted, whoever uses them is immediately bound by his interest to execute his engagements, and must never expect to be trusted any more, if he refuse to perform what he promised.
Nor is that knowledge, which is requisite to make mankind sensible of this interest in the institution and observance of promises, to be esteemed superior to the capacity of human nature, however savage and uncultivated. There needs but a very little practice of the world, to make us perceive all these consequences and advantages. The shortest experience of society discovers them to every mortal; and when each individual perceives the same sense of interest in all his fellows, he immediately performs his part of any contract, as being assured, that they will not be wanting in theirs. All of them, by concert, enter into a scheme of actions, calculated for common benefit, and agree to be true to their word; nor is there any thing requisite to form this concert or convention, but that every one have a sense of interest in the faithful fulfilling of engagements, and express that sense to other members of the society. This immediately causes that interest to operate upon them; and interest is the first obligation to the performance of promises.
Afterwards a sentiment of morals concurs with interest, and becomes a new obligation upon mankind. This sentiment of morality, in the performance of promises, arises from the same principles as that in the abstinence from the property of others. Public interest, education, and the artifices of politicians, have the same effect in both cases. The difficulties, that occur to us, in supposing a moral obligation to attend promises, we either surmount or elude. For instance; the expression of a resolution is not commonly supposed to be obligatory; and we cannot readily conceive how the making use of a certain form of words should be able to cause any material difference. Here, therefore, we feign a new act of the mind, which we call the willing an obligation; and on this we suppose the morality to depend. But we have proved already, that there is no such act of the mind, and consequently that promises impose no natural obligation.
To confirm this, we may subjoin some other reflections concerning that will, which is supposed to enter into a promise, and to cause its obligation. It is evident, that the will alone is never supposed to cause the obligation, but must be expressed by words or signs, in order to impose a tye upon any man. The expression being once brought in as subservient to the will, soon becomes the principal part of the promise; nor will a man be less bound by his word, though he secretly give a different direction to his intention, and with-hold himself both from a resolution, and from willing an obligation. But though the expression makes on most occasions the whole of the promise, yet it does not always so; and one, who should make use of any expression, of which he knows not the meaning, and which he uses without any intention of binding himself, would not certainly be bound by it. Nay, though he knows its meaning, yet if he uses it in jest only, and with such signs as shew evidently he has no serious intention of binding himself, he would not lie under any obligation of performance; but it is necessary, that the words be a perfect expression of the will, without any contrary signs.
Nay, even this we must not carry so far as to imagine, that one, whom, by our quickness of understanding, we conjecture, from certain signs, to have an intention of deceiving us, is not bound by his expression or verbal promise, if we accept of it; but must limit this conclusion to those cases, where the signs are of a different kind from those of deceit. All these contradictions are easily accounted for, if the obligation of promises be merely a human invention for the convenience of society; but will never be explained, if it be something real and natural, arising from any action of the mind or body.
I shall farther observe, that since every new promise imposes a new obligation of morality on the person who promises, and since this new obligation arises from his will; it is one of the most mysterious and incomprehensible operations that can possibly be imagined, and may even be compared to TRANSUBSTANTIATION, or HOLY ORDERS,[8] where a certain form of words, along with a certain intention, changes entirely the nature of an external object, and even of a human nature. But though these mysteries be so far alike, it is very remarkable, that they differ widely in other particulars, and that this difference may be regarded as a strong proof of the difference of their origins. As the obligation of promises is an invention for the interest of society, it is warped into as many different forms as that interest requires, and even runs into direct contradictions, rather than lose sight of its object. But as those other monstrous doctines are mere priestly inventions, and have no public interest in view, they are less disturbed in their progress by new obstacles; and it must be owned, that, after the first absurdity, they follow more directly the current of reason and good sense. Theologians clearly perceived, that the external form of words, being mere sound, require an intention to make them have any efficacy; and that this intention being once considered as a requisite circumstance, its absence must equally prevent the effect, whether avowed or concealed, whether sincere or deceitful.
Accordingly they have commonly determined, that the intention of the priest makes the sacrament, and that when he secretly withdraws his intention, he is highly criminal in himself; but still destroys the baptism, or communion, or holy orders. The terrible consequences of this doctrine were not able to hinder its taking place; as the inconvenience of a similar doctrine, with regard to promises, have prevented that doctrine from establishing itself. Men are always more concerned about the present life than the future; and are apt to think the smallest evil, which regards the former, more important than the greatest, which regards the latter.
[8] I mean so far, as holy orders are suppos'd to produce the indelible character. In other respects they are only a legal qualification.
We may draw the same conclusion, concerning the origin of promises, from the force, which is supposed to invalidate all contracts, and to free us from their obligation. Such a principle is a proof, that promises have no natural obligation, and are mere artificial contrivances for the convenience and advantage of society. If we consider aright of the matter, force is not essentially different from any other motive of hope or fear, which may induce us to engage our word, and lay ourselves under any obligation. A man, dangerously wounded, who promises a competent sum to a surgeon to cure him, would certainly be bound to performance; though the case be not so much different from that of one, who promises a sum to a robber, as to produce so great a difference in our sentiments of morality, if these sentiments were not built entirely on public interest and convenience.
SECT. VI SOME FARTHER REFLECTIONS CONCERNING JUSTICE AND INJUSTICE We have now run over the three fundamental laws of nature, that of the stability of possession, of its transference by consent, and of the performance of promises. It is on the strict observance of those three laws, that the peace and security of human society entirely depend; nor is there any possibility of establishing a good correspondence among men, where these are neglected. Society is absolutely necessary for the well-being of men; and these are as necessary to the support of society.
Whatever restraint they may impose on the passions of men, they are the real offspring of those passions, and are only a more artful and more refined way of satisfying them. Nothing is more vigilant and inventive than our passions; and nothing is more obvious, than the convention for the observance of these rules. Nature has, therefore, trusted this affair entirely to the conduct of men, and has not placed in the mind any peculiar original principles, to determine us to a set of actions, into which the other principles of our frame and constitution were sufficient to lead us. And to convince us the more fully of this truth, we may here stop a moment, and from a review of the preceding reasonings may draw some new arguments, to prove that those laws, however necessary, are entirely artificial, and of human invention; and consequently that justice is an artificial, and not a natural virtue.
(1) The first argument I shall make use of is derived from the vulgar definition of justice. Justice is commonly defined to be a constant and perpetual will of giving every one his due. In this definition it is supposed, that there are such things as right and property, independent of justice, and antecedent to it; and that they would have subsisted, though men had never dreamt of practising such a virtue. I have already observed, in a cursory manner, the fallacy of this opinion, and shall here continue to open up a little more distinctly my sentiments on that subject.
I shall begin with observing, that this quality, which we shall call property, is like many of the imaginary qualities of the peripatetic philosophy, and vanishes upon a more accurate inspection into the subject, when considered a-part from our moral sentiments. It is evident property does not consist in any of the sensible qualities of the object. For these may continue invariably the same, while the property changes. Property, therefore, must consist in some relation of the object. But it is not in its relation with regard to other external and inanimate objects. For these may also continue invariably the same, while the property changes. This quality, therefore, consists in the relations of objects to intelligent and rational beings. But it is not the external and corporeal relation, which forms the essence of property. For that relation may be the same betwixt inanimate objects, or with regard to brute creatures; though in those cases it forms no property. It is, therefore, in some internal relation, that the property consists; that is, in some influence, which the external relations of the object have on the mind and actions. Thus the external relation, which we call occupation or first possession, is not of itself imagined to be the property of the object, but only to cause its property. Now it is evident, this external relation causes nothing in external objects, and has only an influence on the mind, by giving us a sense of duty in abstaining from that object, and in restoring it to the first possessor.
These actions are properly what we call justice; and consequently it is on that virtue that the nature of property depends, and not the virtue on the property.
If any one, therefore, would assert, that justice is a natural virtue, and injustice a natural vice, he must assert, that abstracting from the nations of property, and right and obligation, a certain conduct and train of actions, in certain external relations of objects, has naturally a moral beauty or deformity, and causes an original pleasure or uneasiness. Thus the restoring a man's goods to him is considered as virtuous, not because nature has annexed a certain sentiment of pleasure to such a conduct, with regard to the property of others, but because she has annexed that sentiment to such a conduct, with regard to those external objects, of which others have had the first or long possession, or which they have received by the consent of those, who have had first or long possession. If nature has given us no such sentiment, there is not, naturally, nor antecedent to human conventions, any such thing as property. Now, though it seems sufficiently evident, in this dry and accurate consideration of the present subject, that nature has annexed no pleasure or sentiment of approbation to such a conduct; yet that I may leave as little room for doubt as possible, I shall subjoin a few more arguments to confirm my opinion.
First, If nature had given us a pleasure of this kind, it would have been as evident and discernible as on every other occasion; nor should we have found any difficulty to perceive, that the consideration of such actions, in such a situation, gives a certain pleasure and sentiment of approbation. We should not have been obliged to have recourse to notions of property in the definition of justice, and at the same time make use of the notions of justice in the definition of property. This deceitful method of reasoning is a plain proof, that there are contained in the subject some obscurities and difficulties, which we are not able to surmount, and which we desire to evade by this artifice.
Secondly, Those rules, by which properties, rights, and obligations are determined, have in them no marks of a natural origin but many of artifice and contrivance. They are too numerous to have proceeded from nature: They are changeable by human laws: And have all of them a direct and evident tendency to public good, and the support, of civil society.
This last circumstance is remarkable upon two accounts. First, because, though the cause of the establishment of these laws had been a regard for the public good, as much as the public good is their natural tendency, they would still have been artificial, as being purposely contrived and directed to a certain end. Secondly, because, if men had been endowed with such a strong regard for public good, they would never have restrained themselves by these rules; so that the laws of justice arise from natural principles in a manner still more oblique and artificial. It is self-love which is their real origin; and as the self-love of one person is naturally contrary to that of another, these several interested passions are obliged to adjust themselves after such a manner as to concur in some system of conduct and behaviour. This system, therefore, comprehending the interest of each individual, is of course advantageous to the public; though it be not intended for that purpose by die inventors.
(2) In the second place we may observe, that all kinds of vice and virtue run insensibly into each other, and may approach by such imperceptible degrees as will make it very difficult, if not absolutely impossible, to determine when the one ends, and the other begins; and from this observation we may derive a new argument for the foregoing principle. For whatever may be the case, with regard to all kinds of vice and virtue, it is certain, that rights, and obligations, and property, admit of no such insensible gradation, but that a man either has a full and perfect property, or none at all; and is either entirely obliged to perform any action, or lies under no manner of obligation.
However civil laws may talk of a perfect dominion, and of an imperfect, it is easy to observe, that this arises from a fiction, which has no foundation in reason, and can never enter into our notions of natural justice and equity. A man that hires a horse, though but for a day, has as full a right to make use of it for that time, as he whom we call its proprietor has to make use of it any other day; and it was evident, that however the use may be bounded in time or degree, the right itself is not susceptible of any such gradation, but is absolute and entire, so far as it extends. Accordingly we may observe, that this right both arises and perishes in an instant; and that a man entirely acquires the property of any object by occupation, or the consent of the proprietor; and loses it by his own consent; without any of that insensible gradation, which is remarkable in other qualities and relations, Since, therefore, this is die case with regard to property, and rights, and obligations, I ask, how it stands with regard to justice and injustice? After whatever manner you answer this question, you run into inextricable difficulties. If you reply, that justice and injustice admit of degree, and run insensibly into each other, you expressly contradict the foregoing position, that obligation and property are not susceptible of such a gradation. These depend entirely upon justice and injustice, and follow them in all their variations. Where the justice is entire, the property is also entire: Where the justice is imperfect, the property must also be imperfect And vice versa, if the property admit of no such variations, they must also be incompatible with justice. If you assent, therefore, to this last proposition, and assert, that justice and injustice are not susceptible of degrees, you in effect assert, that they are not naturally either vicious or virtuous; since vice and virtue, moral good and evil, and indeed all natural qualities, run insensibly into each other, and are, on many occasions, undistinguishable.
And here it may be worth while to observe, that though abstract reasoning, and the general maxims of philosophy and law establish this position, that property, and right, and obligation admit not of degrees, yet in our common and negligent way of thinking, we find great difficulty to entertain that opinion, and do even secretly embrace the contrary principle. An object must either be in the possession of one person or another. An action must either be performed or not. The necessity there is of choosing one side in these dilemmas, and the impossibility there often is of finding any just medium, oblige us, when we reflect on the matter, to acknowledge, that all property and obligations are entire. But on the other hand, when we consider the origin of property and obligation, and find that they depend on public utility, and sometimes on the propensities of the imagination, which are seldom entire on any side; we are naturally inclined to imagine, that these moral relations admit of an insensible gradation. Hence it is, that in references, where the consent of the parties leave the referees entire masters of the subject, they commonly discover so much equity and justice on both sides, as induces them to strike a medium, and divide the difference betwixt the parties. Civil judges, who have not this liberty, but are obliged to give a decisive sentence on some one side, are often at a loss how to determine, and are necessitated to proceed on the most frivolous reasons in the world. Half rights and obligations, which seem so natural in common life, are perfect absurdities in their tribunal; for which reason they are often obliged to take half arguments for whole ones, in order to terminate the affair one way or other.
(3) The third argument of this kind I shall make use of may be explained thus. If we consider the ordinary course of human actions, we shall find, that the mind restrains not itself by any general and universal rules; but acts on most occasions as it is determined by its present motives and inclination. As each action is a particular individual event, it must proceed from particular principles, and from our immediate situation within ourselves, and with respect to the rest of the universe. If on some occasions we extend our motives beyond those very circumstances, which gave rise to them, and form something like general rules for our conduct, it is easy to observe, that these rules are not perfectly inflexible, but allow of many exceptions. Since, therefore, this is the ordinary course of human actions, we may conclude, that the laws of justice, being universal and perfectly inflexible, can never be derived from nature, nor be the immediate offspring of any natural motive or inclination. No action can be either morally good or evil, unless there be some natural passion or motive to impel us to it, or deter us from it; and it is evident, that die morality must be susceptible of all the same variations, which are natural to the passion. Here are two persons, who dispute for an estate; of whom one is rich, a fool, and a batchelor; the other poor, a man of sense, and has a numerous family: The first is my enemy; the second my friend. Whether I be actuated in this affair by a view to public or private interest, by friendship or enmity, I must be induced to do my utmost to procure the estate to the latter. Nor would any consideration of the right and property of the persons be able to restrain me, were I actuated only by natural motives, without any combination or convention with others. For as all property depends on morality; and as all morality depends on the ordinary course of our passions and actions; and as these again are only directed by particular motives; it is evident, such a partial conduct must be suitable to the strictest morality, and could never be a violation of property. Were men, therefore, to take the liberty of acting with regard to the laws of society, as they do in every other affair, they would conduct themselves, on most occasions, by particular judgments, and would take into consideration the characters and circumstances of the persons, as well as the general nature of the question. But it is easy to observe, that this would produce an infinite confusion in human society, and that the avidity and partiality of men would quickly bring disorder into the world, if not restrained by some general and inflexible principles. Twas, therefore, with a view to this inconvenience, that men have established those principles, and have agreed to restrain themselves by general rules, which are unchangeable by spite and favour, and by particular views of private or public interest. These rules, then, are artificially invented for a certain purpose, and are contrary to the common principles of human nature, which accommodate themselves to circumstances, and have no stated invariable method of operation.
Nor do I perceive how I can easily be mistaken in this matter. I see evidently, that when any man imposes on himself general inflexible rules in his conduct with others, he considers certain objects as their property, which he supposes to be sacred and inviolable. But no proposition can be more evident, than that property is perfectly unintelligible without first supposing justice and injustice; and that