From Complete Book of A Treatise of Human Nature
By Unknown Author
The deposition of a king, in such a government as ours, is certainly an act beyond all common authority, and an illegal assuming a power for public good, which, in the ordinary course of government, can belong to no member of the constitution. When the public good is so great and so evident as to justify the action, the commendable use of this licence causes us naturally to attribute to the parliament a right of using farther licences; and the antient bounds of the laws being once transgressed with approbation, we are not apt to be so strict in confining ourselves precisely within their limits. The mind naturally runs on with any train of action, which it has begun; nor do we commonly make any scruple concerning our duty, after the first action of any kind, which we perform. Thus at the revolution, no one who thought the deposition of the father justifiable, esteemed themselves to be confined to his infant son; though had that unhappy monarch died innocent at that time, and had his son, by any accident, been conveyed beyond seas, there is no doubt but a regency would have been appointed till he should come to age, and could be restored to his dominions. As the slightest properties of the imagination have an effect on the judgments of the people, it shews the wisdom of the laws and of the parliament to take advantage of such properties, and to chuse the magistrates either in or out of a line, according as the vulgar will most naturally attribute authority and right to them.
Secondly, Though the accession of the Prince of Orange to the throne might at first give occasion to many disputes, and his title be contested, it ought not now to appear doubtful, but must have acquired a sufficient authority from those three princes, who have succeeded him upon the same title. Nothing is more usual, though nothing may, at first sight, appear more unreasonable, than this way of thinking. Princes often seem to acquire a right from their successors, as well as from their ancestors; and a king, who during his life-time might justly be deemed an usurper, will be regarded by posterity as a lawful prince, because he has had the good fortune to settle his family on the throne, and entirely change the antient form of government. Julius Caesar is regarded as the first Roman emperor; while Sylla and Marius, whose titles were really the same as his, are treated as tyrants and usurpers. Time and custom give authority to all forms of government, and all successions of princes; and that power, which at first was founded only on injustice and violence, becomes in time legal and obligatory.
Nor does the mind rest there; but returning back upon its footsteps, transfers to their predecessors and ancestors that right, which it naturally ascribes to the posterity, as being related together, and united in the imagination. The present king of France makes Hugh Capet a more lawful prince than Cromwell; as the established liberty of the Dutch is no inconsiderable apology for their obstinate resistance to Philip the second.
When civil government has been established over the greatest part of mankind, and different societies have been formed contiguous to each other, there arises a new set of duties among the neighbouring states, suitable to the nature of that commerce, which they carry on with each other. Political writers tell us, that in every kind of intercourse, a body politic is to be considered as one person; and indeed this assertion is so far just, that different nations, as well as private persons, require mutual assistance; at the same time that their selfishness and ambition are perpetual sources of war and discord. But though nations in this particular resemble individuals, yet as they are very different in other respects, no wonder they regulate themselves by different maxims, and give rise to a new set of rules, which we call the laws of nations. Under this head we may comprize the sacredness of the persons of ambassadors, the declaration of war, the abstaining from poisoned arms, with other duties of that kind, which are evidently calculated for the commerce, that is peculiar to different societies.
But though these rules be super-added to the laws of nature, the former do not entirely abolish the latter; and one may safely affirm, that the three fundamental rules of justice, the stability of possession, its transference by consent, and the performance of promises, are duties of princes, as well as of subjects. The same interest produces the same effect in both cases. Where possession has no stability, there must be perpetual war. Where property is not transferred by consent, there can be no commerce. Where promises are not observed, there can be no leagues nor alliances.
The advantages, therefore, of peace, commerce, and mutual succour, make us extend to different kingdoms the same notions of justice, which take place among individuals.
There is a maxim very current in the world, which few politicians are willing to avow, but which has been authorized by the practice of all ages, that there is a system of morals calculated for princes, much more free than that which ought to govern private persons. It is evident this is not to be understood of the lesser extent of public duties and obligations; nor will any one be so extravagant as to assert, that the most solemn treaties ought to have no force among princes. For as princes do actually form treaties among themselves, they must propose some advantage from the execution of them; and the prospect of such advantage for the future must engage them to perform their part, and must establish that law of nature. The meaning, therefore, of this political maxim is, that though the morality of princes has the same extent, yet it has not the same force as that of private persons, and may lawfully be trangressed from a more trivial motive. However shocking such a proposition may appear to certain philosophers, it will be easy to defend it upon those principles, by which we have accounted for the origin of justice and equity.
When men have found by experience, that it is impossible to subsist without society, and that it is impossible to maintain society, while they give free course to their appetites; so urgent an interest quickly restrains their actions, and imposes an obligation to observe those rules, which we call the laws of justice. This obligation of interest rests nor here; but by the necessary course of the passions and sentiments, gives rise to the moral obligation of duty; while we approve of such actions as tend to the peace of society, and disapprove of such as tend to its disturbance. The same natural obligation of interest takes place among independent kingdoms, and gives rise to the same morality; so that no one of ever so corrupt morals will approve of a prince, who voluntarily, and of his own accord, breaks his word, or violates any treaty. But here we may observe, that though the intercourse of different states be advantageous, and even sometimes necessary, yet it is nor so necessary nor advantageous as that among individuals, without which it is utterly impossible for human nature ever to subsist. Since, therefore, the natural obligation to justice, among different states, is not so strong as among individuals, the moral obligation, which arises from it, must partake of its weakness; and we must necessarily give a greater indulgence to a prince or minister, who deceives another; than to a private gentleman, who breaks his word of honour.
Should it be asked, what proportion these two species of morality bear to each other? I would answer, that this is a question, to which we can never give any precise answer; nor is it possible to reduce to numbers the proportion, which we ought to fix betwixt them. One may safely affirm, that this proportion finds itself, without any art or study of men; as we may observe on many other occasions. The practice of the world goes farther in teaching us the degrees of our duty, than the most subtile philosophy, which was ever yet invented. And this may serve as a convincing proof, that all men have an implicit notion of the foundation of those moral rules concerning natural and civil justice, and are sensible, that they arise merely from human conventions, and from the interest, which we have in the preservation of peace and order.
For otherwise the diminution of the interest would never produce a relaxation of the morality, and reconcile us more easily to any transgression of justice among princes and republics, than in the private commerce of one subject with another.
If any difficulty attend this system concerning the laws of nature and nations, it will be with regard to the universal approbation or blame, which follows their observance or transgression, and which some may not think sufficiently explained from the general interests of society. To remove, as far as possible, all scruples of this kind, I shall here consider another set of duties, viz, the modesty and chastity which belong to the fair sex: And I doubt not but these virtues will be found to be still more conspicuous instances of the operation of those principles, which I have insisted on.
There are some philosophers, who attack the female virtues with great vehemence, and fancy they have gone very far in detecting popular errors, when they can show, that there is no foundation in nature for all that exterior modesty, which we require in the expressions, and dress, and behaviour of the fair sex. I believe I may spare myself the trouble of insisting on so obvious a subject, and may proceed, without farther preparation, to examine after what manner such notions arise from education, from the voluntary conventions of men, and from the interest of society.
Whoever considers the length and feebleness of human infancy, with the concern which both sexes naturally have for their offspring, will easily perceive, that there must be an union of male and female for the education of the young, and that this union must be of considerable duration. But in order to induce the men to impose on themselves this restraint, and undergo chearfully all the fatigues and expences, to which it subjects them, they must believe, that the children are their own, and that their natural instinct is not directed to a wrong object, when they give a loose to love and tenderness. Now if we examine the structure of the human body, we shall find, that this security is very difficult to be attained on our part; and that since, in the copulation of the sexes, the principle of generation goes from the man to the woman, an error may easily take place on the side of the former, though it be utterly impossible with regard to the latter. From this trivial and anatomical observation is derived that vast difference betwixt the education and duties of the two sexes.
The deposition of a king, in such a government as ours, is certainly an act beyond all common authority, and an illegal assuming a power for public good, which, in the ordinary course of government, can belong to no member of the constitution. When the public good is so great and so evident as to justify the action, the commendable use of this licence causes us naturally to attribute to the parliament a right of using farther licences; and the antient bounds of the laws being once transgressed with approbation, we are not apt to be so strict in confining ourselves precisely within their limits. The mind naturally runs on with any train of action, which it has begun; nor do we commonly make any scruple concerning our duty, after the first action of any kind, which we perform. Thus at the revolution, no one who thought the deposition of the father justifiable, esteemed themselves to be confined to his infant son; though had that unhappy monarch died innocent at that time, and had his son, by any accident, been conveyed beyond seas, there is no doubt but a regency would have been appointed till he should come to age, and could be restored to his dominions. As the slightest properties of the imagination have an effect on the judgments of the people, it shews the wisdom of the laws and of the parliament to take advantage of such properties, and to chuse the magistrates either in or out of a line, according as the vulgar will most naturally attribute authority and right to them.
Secondly, Though the accession of the Prince of Orange to the throne might at first give occasion to many disputes, and his title be contested, it ought not now to appear doubtful, but must have acquired a sufficient authority from those three princes, who have succeeded him upon the same title. Nothing is more usual, though nothing may, at first sight, appear more unreasonable, than this way of thinking. Princes often seem to acquire a right from their successors, as well as from their ancestors; and a king, who during his life-time might justly be deemed an usurper, will be regarded by posterity as a lawful prince, because he has had the good fortune to settle his family on the throne, and entirely change the antient form of government. Julius Caesar is regarded as the first Roman emperor; while Sylla and Marius, whose titles were really the same as his, are treated as tyrants and usurpers. Time and custom give authority to all forms of government, and all successions of princes; and that power, which at first was founded only on injustice and violence, becomes in time legal and obligatory.
Nor does the mind rest there; but returning back upon its footsteps, transfers to their predecessors and ancestors that right, which it naturally ascribes to the posterity, as being related together, and united in the imagination. The present king of France makes Hugh Capet a more lawful prince than Cromwell; as the established liberty of the Dutch is no inconsiderable apology for their obstinate resistance to Philip the second.
When civil government has been established over the greatest part of mankind, and different societies have been formed contiguous to each other, there arises a new set of duties among the neighbouring states, suitable to the nature of that commerce, which they carry on with each other. Political writers tell us, that in every kind of intercourse, a body politic is to be considered as one person; and indeed this assertion is so far just, that different nations, as well as private persons, require mutual assistance; at the same time that their selfishness and ambition are perpetual sources of war and discord. But though nations in this particular resemble individuals, yet as they are very different in other respects, no wonder they regulate themselves by different maxims, and give rise to a new set of rules, which we call the laws of nations. Under this head we may comprize the sacredness of the persons of ambassadors, the declaration of war, the abstaining from poisoned arms, with other duties of that kind, which are evidently calculated for the commerce, that is peculiar to different societies.
But though these rules be super-added to the laws of nature, the former do not entirely abolish the latter; and one may safely affirm, that the three fundamental rules of justice, the stability of possession, its transference by consent, and the performance of promises, are duties of princes, as well as of subjects. The same interest produces the same effect in both cases. Where possession has no stability, there must be perpetual war. Where property is not transferred by consent, there can be no commerce. Where promises are not observed, there can be no leagues nor alliances.
The advantages, therefore, of peace, commerce, and mutual succour, make us extend to different kingdoms the same notions of justice, which take place among individuals.
There is a maxim very current in the world, which few politicians are willing to avow, but which has been authorized by the practice of all ages, that there is a system of morals calculated for princes, much more free than that which ought to govern private persons. It is evident this is not to be understood of the lesser extent of public duties and obligations; nor will any one be so extravagant as to assert, that the most solemn treaties ought to have no force among princes. For as princes do actually form treaties among themselves, they must propose some advantage from the execution of them; and the prospect of such advantage for the future must engage them to perform their part, and must establish that law of nature. The meaning, therefore, of this political maxim is, that though the morality of princes has the same extent, yet it has not the same force as that of private persons, and may lawfully be trangressed from a more trivial motive. However shocking such a proposition may appear to certain philosophers, it will be easy to defend it upon those principles, by which we have accounted for the origin of justice and equity.
When men have found by experience, that it is impossible to subsist without society, and that it is impossible to maintain society, while they give free course to their appetites; so urgent an interest quickly restrains their actions, and imposes an obligation to observe those rules, which we call the laws of justice. This obligation of interest rests nor here; but by the necessary course of the passions and sentiments, gives rise to the moral obligation of duty; while we approve of such actions as tend to the peace of society, and disapprove of such as tend to its disturbance. The same natural obligation of interest takes place among independent kingdoms, and gives rise to the same morality; so that no one of ever so corrupt morals will approve of a prince, who voluntarily, and of his own accord, breaks his word, or violates any treaty. But here we may observe, that though the intercourse of different states be advantageous, and even sometimes necessary, yet it is nor so necessary nor advantageous as that among individuals, without which it is utterly impossible for human nature ever to subsist. Since, therefore, the natural obligation to justice, among different states, is not so strong as among individuals, the moral obligation, which arises from it, must partake of its weakness; and we must necessarily give a greater indulgence to a prince or minister, who deceives another; than to a private gentleman, who breaks his word of honour.
Should it be asked, what proportion these two species of morality bear to each other? I would answer, that this is a question, to which we can never give any precise answer; nor is it possible to reduce to numbers the proportion, which we ought to fix betwixt them. One may safely affirm, that this proportion finds itself, without any art or study of men; as we may observe on many other occasions. The practice of the world goes farther in teaching us the degrees of our duty, than the most subtile philosophy, which was ever yet invented. And this may serve as a convincing proof, that all men have an implicit notion of the foundation of those moral rules concerning natural and civil justice, and are sensible, that they arise merely from human conventions, and from the interest, which we have in the preservation of peace and order.
For otherwise the diminution of the interest would never produce a relaxation of the morality, and reconcile us more easily to any transgression of justice among princes and republics, than in the private commerce of one subject with another.
If any difficulty attend this system concerning the laws of nature and nations, it will be with regard to the universal approbation or blame, which follows their observance or transgression, and which some may not think sufficiently explained from the general interests of society. To remove, as far as possible, all scruples of this kind, I shall here consider another set of duties, viz, the modesty and chastity which belong to the fair sex: And I doubt not but these virtues will be found to be still more conspicuous instances of the operation of those principles, which I have insisted on.
There are some philosophers, who attack the female virtues with great vehemence, and fancy they have gone very far in detecting popular errors, when they can show, that there is no foundation in nature for all that exterior modesty, which we require in the expressions, and dress, and behaviour of the fair sex. I believe I may spare myself the trouble of insisting on so obvious a subject, and may proceed, without farther preparation, to examine after what manner such notions arise from education, from the voluntary conventions of men, and from the interest of society.
Whoever considers the length and feebleness of human infancy, with the concern which both sexes naturally have for their offspring, will easily perceive, that there must be an union of male and female for the education of the young, and that this union must be of considerable duration. But in order to induce the men to impose on themselves this restraint, and undergo chearfully all the fatigues and expences, to which it subjects them, they must believe, that the children are their own, and that their natural instinct is not directed to a wrong object, when they give a loose to love and tenderness. Now if we examine the structure of the human body, we shall find, that this security is very difficult to be attained on our part; and that since, in the copulation of the sexes, the principle of generation goes from the man to the woman, an error may easily take place on the side of the former, though it be utterly impossible with regard to the latter. From this trivial and anatomical observation is derived that vast difference betwixt the education and duties of the two sexes.