For determining what is a man's property, there may be many statutes, customs, precedents, analogies, some constant and inflexible, some variable and arbitrary, but all professedly terminating in the interests of human society. But for this, the laws of property would be undistinguishable from the wildest superstitions.
Such a reference, instead of weakening the obligations of justice, strengthens them. What stronger foundations can there be for any duty than that, without it, human nature could not subsist; and that, according as it is observed, the degrees of human happiness go on increasing?
Either Justice is evidently founded on Utility, or our regard for it is a simple instinct like hunger, resentment, or self-preservation. But on this last supposition, property, the subject-matter, must be also discerned by an instinct; no such instinct, however, can be affirmed. Indeed, no single instinct would suffice for the number of considerations entering into a fact so complex. To define Inheritance and Contract, a hundred volumes of laws are not enough; how then can nature embrace such complications in the simplicity of an instinct. For it is not laws alone that we must have, but authorized interpreters. Have we original ideas of prætors, and chancellors, and juries?
Instincts are uniform in their operation; birds of a species build their nests alike. The laws of states are uniform to about the same extent as houses, which must have a roof and walls, windows and chimneys, because the end in view demands certain essentials; but beyond these, there is every conceivable diversity.
It is true that, by education and custom, we blame injustice without thinking of its ultimate consequences. So universal are the rules of justice, from the universality of its end, that we approve of it mechanically. Still, we have often to recur to the final end, and to ask, What must become of the world if such practices prevail? How could society subsist under such disorders?
Thus, then, Hume considers that, by an inductive determination, on the strict Newtonian basis, he has proved that the SOLE foundation of our regard to justice is the support and welfare of society: and since no moral excellence is more esteemed, we must have some strong disposition in favour of general usefulness. Such a disposition must be a part of the humane virtues, as it is the SOLE source of the moral approbation of fidelity, justice, veracity, and integrity.
Section IV. relates to POLITICAL SOCIETY, and is intended to show that Government, Allegiance, and the Laws of each State, are justified solely by Utility.
If men had sagacity to perceive, and strength of mind to follow out, distant and general interests, there had been no such thing as government. In other words, if government were totally useless, it would not be. The duty of Allegiance would be no duty, but for the advantage of it, in preserving peace and order among mankind.
[Hume is here supposing that men enter into society on equal terms; he makes no allowance for the exercise of the right of the stronger in making compulsory social unions. This, however, does not affect his reasoning as to the source of our approbation of social duty, which is not usually extended to tyranny.]
When political societies hold intercourse with one another, certain regulations are made, termed Laws of Nations, which have no other end than the advantage of those concerned.