It may be said in general of the works of the casuists that they attempted, to no purpose, to direct by precise rules what belongs to feeling and sentiment only to judge of. How is it possible to ascertain by rules the exact point at which, in every case, a delicate sense of justice begins to run into a frivolous and weak scrupulosity of conscience? When it is that secrecy and reserve begin to grow into dissimulation? How far an agreeable irony may be carried, and at what precise point it begins to degenerate into a detestable lie? What is the highest pitch of freedom and ease of behaviour which can be regarded as graceful and becoming, and when it is that it first begins to run into a negligent and thoughtless licentiousness? With regard to all such matters, what would hold good in any one case would scarce do so exactly in any other, and what constitutes the propriety and happiness of behaviour varies in every case with the smallest variety of situation. Books of casuistry, therefore, are generally as useless as they are commonly tiresome. They could be of little use to one who should consult them upon occasion, even supposing their decisions to be just; because, notwithstanding the multitude of cases collected in them, yet upon account of the still greater variety of possible circumstances, it is a chance, if among all those cases there be found one exactly parallel to that under consideration. One, who is really anxious to do his duty, must be very weak, if he can imagine that he has much occasion for them; and with regard to one who is negligent of it, the style of those writings is not such as is likely to awaken him to more attention. None of them tend to animate us to what is generous and noble. None of them tend to soften us to what is gentle and humane. Many of them, on the contrary, tend rather to teach us to chicane with our own consciences, and by their vain subtilties serve to authorize innumerable evasive refinements with regard to the most essential articles of our duty. That frivolous accuracy which they attempted to introduce into subjects which do not admit of it, almost necessarily betrayed them into those dangerous errors, and at the same time rendered their works dry and disagreeable, abounding in abstruse and metaphysical distinctions, but incapable of exciting in the heart any of those emotions which it is the principal use of books of morality to excite.
The two useful parts of moral philosophy, therefore, are Ethics and Jurisprudence: casuistry ought to be rejected altogether, and the ancient moralists appear to have judged much better, who, in treating of the same subjects, did not affect any such nice exactness, but contented themselves with describing, in a general manner, what is the sentiment upon which justice, modesty, and veracity are founded, and what is the ordinary way of acting to which those virtues would commonly prompt us.
Something, indeed, not unlike the doctrine of the casuists, seems to have been attempted by several philosophers. There is something of this kind in the third book of Cicero’s Offices, where he endeavours like a casuist to give rules for our conduct in many nice cases, in which it is difficult to determine whereabouts the point of propriety may lie. It appears too, from many passages in the same book, that several other philosophers had attempted something of the same kind before him. Neither he nor they, however, appear to have aimed at giving a complete system of this sort, but only meant to show how situations may occur, in which it is doubtful, whether the highest propriety of conduct consists in observing or in receding from what, in ordinary cases, are the rules of duty.
Every system of positive law may be regarded as a more or less imperfect attempt towards a system of natural jurisprudence, or towards an enumeration of the particular rules of justice. As the violation of justice is what men will never submit to from one another, the public magistrate is under a necessity of employing the power of the commonwealth to enforce the practice of this virtue. Without this precaution, civil society would become a scene of bloodshed and disorder, every man revenging himself at his own hand whenever he fancied he was injured. To prevent the confusion which would attend upon every man’s doing justice to himself, the magistrate, in all governments that have acquired any considerable authority, undertakes to do justice to all, and promises to hear and to redress every complaint of injury. In all well-governed states too, not only judges are appointed for determining the controversies of individuals, but rules are prescribed for regulating the decisions of those judges; and these rules are, in general, intended to coincide with those of natural justice. It does not, indeed, always happen that they do so in every instance. Sometimes what is called the constitution of the state, that is, the interest of the government; sometimes of the interest of particular orders of men who tyrannize the government, warp the positive laws of the country from what natural justice would prescribe. In some countries, the rudeness and barbarism of the people hinder the natural sentiments of justice from arriving at that accuracy and precision which, in more civilized nations, they naturally attain to. Their laws are, like their manners, gross and rude and undistinguishing. In other countries the unfortunate constitution of their courts of judicature hinders any regular system of jurisprudence from ever establishing itself among them, though the improved manners of the people may be such as would admit of the most accurate. In no country do the decisions of positive law coincide exactly, in every case, with the rules which the natural sense of justice would dictate. Systems of positive law, therefore, though they deserve the greatest authority, as the records of the sentiments of mankind in different ages and nations, yet can never be regarded as accurate systems of the rules of natural justice.
It might have been expected that the reasonings of lawyers, upon the different imperfections and improvements of the laws of different countries, should have given occasion to an inquiry into what were the natural rules of justice independent of all positive institution. It might have been expected that these reasonings should have led them to aim at establishing a system of what might properly be called natural jurisprudence, or a theory of the general principles which ought to run through and be the foundation of the laws of all nations. But tho’ the reasonings of lawyers did produce something of this kind, and though no man has treated systematically of the laws of any particular country, without intermixing in his work many observations of this sort; it was very late in the world before any such general system was thought of, or before the philosophy of law was treated of by itself, and without regard to the particular institutions of any one nation. In none of the ancient moralists, do we find any attempt towards a particular enumeration of the rules of justice. Cicero in his Offices, and Aristotle in his Ethics, treat of justice in the same general manner in which they treat of all the other virtues. In the laws of Cicero and Plato, where we might naturally have expected some attempts towards an enumeration of those rules of natural equity, which ought to be enforced by the positive laws of every country, there is however, nothing of this kind. Their laws are laws of police, not of justice. Grotius seems to have been the first, who attempted to give the world any thing like a system of those principles which ought to run through, and be the foundation of the laws of all nations; and his treatise of the laws of war and peace, with all its imperfections, is perhaps at this day the most complete work that has yet been given upon this subject. I shall in another discourse endeavour to give an account of the general principles of law and government, and of the different revolutions they have undergone in the different ages and periods of society, not only in what concerns justice, but in what concerns police, revenue, and arms, and whatever else is the object of law. I shall not, therefore, at present enter into any further detail concerning the history of jurisprudence.
THE END.
CONSIDERATIONS
Concerning the FIRST
FORMATION OF LANGUAGES,
AND THE
Different Genius of original and compounded LANGUAGES.
The assignation of particular names, to denote particular objects, that is, the institution of nouns substantive, would, probably, be one of the first steps towards the formation of language. Two savages, who had never been taught to speak, but had been bred up remote from the societies of men, would naturally begin to form that language by which they would endeavour to make their mutual wants intelligible to each other, by uttering certain sounds, whenever they meant to denote certain objects. Those objects only which were most familiar to them, and which they had most frequent occasion to mention, would have particular names assigned to them. The particular cave whose covering sheltered them from the weather, the particular tree whose fruit relieved their hunger, the particular fountain whose water allayed their thirst, would first be denoted by the words cave, tree, fountain, or by whatever other appellations they might think proper, in that primitive jargon, to mark them. Afterwards, when the more enlarged experience of these savages had led them to observe, and their necessary occasions obliged them to make mention of, other caves, and other trees, and other fountains, they would naturally bestow, upon each of those new objects, the same name, by which they had been accustomed to express the similar object they were first acquainted with. The new objects had none of them any name of its own, but each of them exactly resembled another object, which had such an appellation. It was impossible that those savages could behold the new objects, without recollecting the old ones; and the name of the old ones, to which the new bore so close a resemblance. When they had occasion, therefore, to mention, or to point out to each other, any of the new objects, they would naturally utter the name of the correspondent old one, of which the idea could not fail, at that instant, to present itself to their memory in the strongest and liveliest manner. And thus, those words, which were originally the proper names of individuals, would each of them insensibly become the common name of a multitude. A child that is just learning to speak, calls every person who comes to the house its papa or its mama; and thus bestows upon the whole species those names which it had been taught to apply to two individuals. I have known a clown, who did not know the proper name of the river which ran by his own door. It was the river, he said, and he never heard any other name for it. His experience, it seems, had not led him to observe any other river. The general word river, therefore, was, it is evident, in his acceptance of it, a proper name, signifying an individual object. If this person had been carried to another river, would he not readily have called it a river? Could we suppose any person living on the banks of the Thames so ignorant, as not to know the general word river, but to be acquainted only with the particular word Thames, if he was brought to any other river, would he not readily call it a Thames? This, in reality, is no more than what they, who are well acquainted with the general word, are very apt to do. An Englishman, describing any great river which he may have seen in some foreign country, naturally says, that it is another Thames. The Spaniards, when they first arrived upon the coast of Mexico, and observed the wealth, populousness, and habitations of that fine country, so much superior to the savage nations which they had been visiting for some time before, cried out, that it was another Spain. Hence it was called New Spain; and this name has stuck to that unfortunate country ever since. We say, in the same manner, of a hero, that he is an Alexander; of an orator, that he is a Cicero; of a philosopher, that he is a Newton. This way of speaking, which the grammarians call an Antonomasia, and which is still extremely common, though now not at all necessary, demonstrates how much mankind are naturally disposed to give to one object the name of any other, which nearly resembles it, and thus to denominate a multitude, by what originally was intended to express an individual.
It is this application of the name of an individual to a great multitude of objects, whose resemblance naturally recalls the idea of that individual, and of the name which expresses it, that seems originally to have given occasion to the formation of those classes and assortments, which, in the schools, are called genera and species, and of which the ingenious and eloquent M. Rousseau of Geneva[[28]], finds himself so much at a loss to account for the origin. What constitutes a species is merely a number of objects, bearing a certain degree of resemblance to one another, and on that account denominated by a single appellation, which may be applied to express any one of them.
[28]. Origine de l’Inegalité. Partie premiere, p. 376, 377, Edition d’Amsterdam, des Oeuvres diverses de J. J. Rousseau.