Thoughts on civil liberty, on licentiousness, and faction. John Brown

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Sum of human Happiness is supposed to consist in the Goods of Mind, Body, and Fortune, I would fain make my Studies of some Use to Mankind, with Regard to each of these three Particulars; and hope it will not be thought faulty or indecent in any Man, of what Profession soever, to offer his Mite towards improving the Manners (I will add, the Religion) Health, and Prosperity of his Fellow-Creatures[1]"

      1  Dr. Berkley's Misc, p. 118.

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      SECT.II. Of the Nature of Civil Liberty.

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      TO some it will doubtless appear a superfluous Labour, to fix the true Idea of civil Liberty, in a Country which boasts itself free. ​Yet the Writer esteems it a necessary though obvious Task: Not only that he may appeal to his Idea of it, thus established; but also, because in the Conduct (at least) if not in the Writings of his Countrymen, it seems to have been sometimes mistaken.

      The natural Liberty of Man, considered merely as a solitary and savage Individual, would generally lead him to a full and unbounded Prosecution of all his Appetites. Some Savages there are, though few, who live nearly, if not altogether, in this brutal State of Nature.

      These last Expressions, it must be confessed, are inadequate to their Subject: For such a State of Man is worse than that of Brutes, and in the strict Sense, is also contrary to Nature. For Brutes are endowed with unerring Instincts, which Man possesseth not: Therefore such a solitary and wretched State is strictly unnatural; because it prevents the Exertion of those Powers, which his Nature is capable of ​attaining: But those Powers Society alone can call forth into Action.

      Man is therefore formed for Society: That is, Man is formed for Intercourse with Man: Hence, through the natural Developement of the human Powers, a Variety of new Wants, a Necessity for mutual Aids and distinct Properties, must arise: From these, a new Accession, as well as a frequent Disagreement and Clashing of Desires must inevitably ensue. Hence the Necessity of curbing and fixing the Desires of Man in the social State; by such equal Laws, as may compel the Appetites of each Individual to yield to the common Good of all.

      From this salutary Restraint, civil Liberty is derived. Every natural Desire which might in any Respect be inconsistent with the general Weal, is given up as a voluntary Tax, paid for the higher, more lasting, and more important Benefits, which we reap from social Life.

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      SECT.III. Of Licentiousness and Faction.

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      FROM the Nature of civil Liberty, thus delineated, the Nature of Licentiousness will easily be fixed: Being indeed no other than "Every Desire carry'd into Action, which in any Respect violates those equal Laws, established for the common Benefit of the Whole."

      Thus, an unlimited Indulgence of Appetite, which in the savage State is called natural Liberty, in the social State is stiled Licentiousness.

      And Licentiousness, when its immediate Object is That of "thwarting the Ends of civil Liberty," is distinguished by the Name of Faction.

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      SECT.IV. Unassisted Laws no permanent Foundation of Civil Liberty.

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      THESE Remarks are obvious; and clear to every Man possessed of the common Degrees of Understanding. Let us now consider, "What are the permanent Foundations of civil Liberty:" That is, in other Words, "What are the effectual Means by which every Member of Society may be uniformly sway'd, impelled, or induced, to sacrifice his private Desires or Appetites, to the Welfare of the Public."—This is a Subject, which deserves a particular Elucidation, because in our own Country, and our own Times, it seems to have been much and dangerously mistaken.

      It hath been affirmed as a first Principle by certain Writers, and hath been artfully or weakly suggested by others, "that the ​coercive Power of human Laws is sufficient to sustain itself: That the Legislator or Magistrate hath properly no Concern with the private Opinions, Sentiments, or Operations of the Mind: And that Actions alone fall under the legal Cognizance of those in Power."

      This Principle, of the Sufficiency of human Laws to sufsain their own Efficacy and Power, without Regard to the Opinions or Principles of Men, hath been, at least, indirectly held forth by other Writers.

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