Essays on the Principles of Morality and Natural Religion. Lord Kames (Henry Home)

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Essays on the Principles of Morality and Natural Religion - Lord Kames (Henry Home) Natural Law and Enlightenment Classics

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sounding the well known terms of duty and obligation, directing our conduct, and constituting what in the strictest sense may be termed a law. With regard to other beings, we have no data to discover the laws of their nature, other than their frame and constitution. We have the same data to discover the laws of our own nature; and over and above, a peculiar sense of approbation or disapprobation, termed the moral sense. And one thinge xtremely remarkable will be explained afterwards, that the laws which are fitted to the nature of man and to his external circumstances, are the same that we approve by the moral sense.

       Duty and Obligation

      Though these terms are of the utmost importance in morals, I know not that any author hath attempted to explain them, by pointing out those principles or perceptions which they express. This defect I shall endeavour to supply, by tracing these terms to their proper source, without which the system of morals cannot be complete; because these terms point out to us the most precise and essential branch of morality.

      Lord Shaftesbury, to whom the world is greatly indebted for his inestimable writings, has clearly and convincingly made out, “that virtue is the good, and vice the ill of every one.”1 But he has not proved virtue to be our duty, other ways than by showing it to be our interest; which comes not up to the idea of duty. For this term plainly implies somewhat indispensable in our conduct; what we ought to do, what we ought to submit to. Now, a man may be considered as foolish for acting against his interest; but he cannot be considered as wicked or vitious. His Lordship indeed, in his essay upon virtue,* approaches to an explanation of duty and obligation, by asserting the subordinancy of the self-affections to the social. But though he states this as a proposition to be made out, he drops it in the subsequent part of his work, and never again brings it into view.

      Hutcheson, in his essay upon beauty and virtue,* founds the morality of actions on a certain quality of actions, that procures approbation and love to the agent. But this account of morality is also imperfect, as it makes no distinction between duty and simple benevolence. It is scarce applicable to justice; for the man who, confining himself strictly to it, is true to his word and avoids harming others, is a just and moral man, is in titled to some share of esteem; but will never be the object of love or friendship. He must show a disposition to the good of mankind, of his friends at least and neighbours, he must exert acts of humanity and benevolence; before he can hope to procure the affection of others.

      But it is chiefly to be observed, that in this account of morality, the terms obligation, duty, ought and should, have no distinct meaning; which shows, that the entire foundation of morality is not taken in by this author. It is true, that toward the close of his work, he attempts to explain the meaning of the term obligation; but without success. He explains it to be, either, “a motive from self-interest, sufficient to determine those who duly consider it to a certain course of action;” which surely is not moral obligation; or “a determination, without regard to our own interest, to approve actions, and to perform them; which determination shall also make us displeased with ourselves, and uneasy upon having acted contrary to it;” in which sense, he says, there is naturally an obligation upon all men to benevolence.2 But this account falls short of the true idea of obligation; because it makes no destinction betwixt it and that simple approbation of the moral sense which can be applied to heroism, magnanimity, generosity, and other exalted virtues, as well as to justice. Duty however belongs to the latter only; and no man reckons himself under an obligation to perform any action that belongs to the former.

      Neither is the author of the treatise upon human nature more successful, when he endeavours to resolve the moral sense into pure sympathy.* According to that author, there is no more in morality, but approving or disapproving an action, after we discover by reflection that it tends to the good or hurt of society. This would be too fainta principle to control our irregular appetites and passions. It would scarce be sufficient to restrain us from in croaching upon our friends and neighbours; and, with regard to strangers, would be the weakest of all restraints. We shall by and by show, that morality has a more solid foundation. In the mean time, it is of importance to observe, that, upon this author’s system, as well as Hutcheson’s, the noted terms of duty, obligation, ought and should, &c. have no meaning.

      We shall now proceed to explain these terms, by pointing out the perceptions which they express. And, in performing this task, there will be discovered a wonderful and beautiful contrivance of the Author of our nature, to give authority to morality, by putting the self-affections in a due subordination to the social. The moral sense has in part been explained above; that by it we perceive some actions to be fit and meet to be done; and others to be unfit and unmeet. When this observation is applied to particulars, it is an evident fact, that we have a sense of fitness in kindly and beneficent actions: we approve ourselves and others for performing actions of this kind; as, on the other hand, we disapprove the unsociable, peevish, and hard-hearted. But in one class of actions, an additional circumstance is regarded by the moral sense. Submission to parents, gratitude to benefactors, and the acting justly to all, are perceived not only as fit and meet, but as our indispensable duty. On the other hand, the injuring others in their persons, in their fame, or in their goods are perceived not only as unfit to be done, but as absolutely wrong to be done, and what, upon no account, we ought to do. What is here asserted, is a matter of fact, which can admit of no other proof than an appeal to every man’s own perceptions. Lay prejudice aside, and give fair play to what passes in the mind: I ask no other concession. There is no man, however irregular in his life and manners, however poisoned by a wrong education, but must be sensible of these perceptions. And indeed the words which are to be found in all languages, and which are perfectly understood in the communication of sentiments, are an evident demonstration of it. Duty, obligation, ought and should, would be empty sounds, unless upon supposition of such perceptions. We do not consider actions that come under the notion of duty or obligation, or prohibited by them, as in any degree under our own power. We have the consciousness of necessity, and of being bound and tied to performance, as if under some external compulsion.

      It is proper here to be remarked, that benevolent and generous actions are not objects of this peculiar sense. Hence, such actions, though considered as fit and right to be done, are not however considered to be our duty, but as virtuous actions beyond what is strictly our duty. Benevolence and generosity are more beautiful, and more attractive of love and esteem, than justice. Yet, not being so necessary to the support of society, they are left upon the general footing of approbatory pleasure; while justice, faith, truth, without which society cannot subsist, are objects of the foregoing peculiar sense, to take away all shadow of liberty, and to put us under a necessity of performance. The virtues that are exacted from us as duties, may be termed primary: the other which are not exacted as duties, may be termed secondary.

      Dr. Butler, a manly and acute writer, hath gone farther than any other, to assign a just foundation for moral duty. He considers conscience or reflection,*

      as one principle of action, which, compared with the rest as they stand together in the nature of man, plainly bears upon it marks of authority over all the rest, and claims the absolute direction of them all, to allow or forbid their gratification.

      And his proof of this proposition is, “that a disapprobation or reflection is in itself a principle manifestly superior to a mere propension.” Had this admirable writer handled the subject more professedly than he had occasion to do in a preface, it is more than likely he would have put it in a clear light. But he has not said enough to afford that light the subject is capable of. For it may be observed, in the first place, that a disapprobation of reflection is far from being the whole of the matter. Such disapprobation is applied to moroseness, selfishness, and many other partial affections, which are, however, not considered in a strict sense as contrary to our duty. And it may be doubted, whether a disapprobation of reflection be, in every case,

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