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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of promise is a species of infidelity; and therefore our author has but a single choice: he must maintain either that treachery is no crime, or that breach of promise is a crime. And, in fact, that it is so, every man can bear evidence from his own feelings. The performance of a deliberate promise has, in all ages, been considered as a duty. We have that sense of a promise, as what we are strictly bound to perform; and the breach of promise is attended with the same natural stings which attend other crimes, namely remorse, and a sense of merited punishment.

      Our author’s notion of a promise is extremely imperfect, as he takes under consideration the person only who makes the promise.* In this act two persons are concerned; the person who makes the promise, and the person to whom the promise is made. Were there by nature no trust nor reliance upon promises, breach of promise would be a matter of indifferency. The reliance upon us, produced by our own act, constitutes the obligation. We feel ourselves bound to perform; we consider it as our duty. And when we violate our engagement, we have a sense of moral turpitude in disappointing the person who relied upon our faith.

      We shall close this subject concerning the foundation of justice, with a general reflection. Running over every branch of our duty, what concerns ourselves as well as our neighbours, we find, that nature has been more provident than to trust us entirely to the guidance of cool reason. If man be a social being, and justice essential to society, it is not agreeable to the analogy of nature, that we should be left to investigate this branch of our duty by a chain of reasoning; especially where the reasoning, according to our author, turns upon so remote an object as public good. May we not apply to justice, what is so beautifully reasoned concerning society, in a dialogue upon happiness,* “If society be thus agreeable to our nature, is there nothing within us to excite and lead us to it? no impulse; no preparation of faculties? It would be strange if there should not.” If we be fitted by our nature for society; if pity, benevolence, friendship, love, dislike of solitude and desire of company, be natural affections, all of them conducive to society, it would be strange if there should be no natural affection, no preparation of faculties, to direct us to do justice, which is so essential to society. But nature has not failed us here, more than in the other parts of our constitution. We have a sense of property; we have a sense of obligation to perform our engagements; and we have a sense of wrong in incroaching upon property, and in being untrue to our engagements. Society could not subsist without these affections, more than it could subsist without the social affections, properly so called. We have reason, a priori, to conclude equally in favour of both; and we find upon examination that our conclusion is just.

       Primary Laws of Nature

      We are now arrived at what is chiefly the purpose of the present essay; and that is, to give a slight sketch, or cursory view, of the primary laws of nature, deduced from human nature, their true source. This task I undertake as a specimen merely of that sort of reasoning which belongs to the subject; for a complete treatise is far beyond my reach. Action ought to be the object of all our inquiries; without which, moral as well as met a physical reasonings are but empty speculation. And as life and manners are more peculiarly the object of the moral science, the weight and importance of the subject, one would imagine, should have brought authors to one way of thinking. But it is lamentable to find the world divided about these primary laws, almost as much as they commonly are about the most airy and abstract points. Some authors acknowledge no principle in man, and consequently no duty, but what is altogether selfish; and it is curious to observe how they wrest and torture every social principle to give it the appearance of selfishness. Others exalt human nature much above its just standard, give no quarter to selfishness, but consider man as bound to direct every action to the good of the whole, and not to prefer his own interest to that of others. The celebrated Lord Shaftesbury goes so far, as not to admit of any thing like partial benevolence; holding, that if it be not entire and directed to the whole species, it is not benevolence at all.7 It is not difficult to assign a cause for such difference in opinion; though it may appear strange, that authors should differ so widely about the nature of man, which every man ought to be acquainted with. There is nothing more common in philosophy, as well as in action, than to build castles in the air. Impatient of the slow and cold method of induction, every writer takes the liberty of framing systems according to his own taste and fancy. Fond of the fabric which he hath erected, it is far from his thoughts to try whether it will stand the test of stubborn facts. Men of narrow minds and contracted principles, naturally fall in with the selfish system. The system of universal benevolence attracts the generous and warm-hearted. In the midst of various and opposite opinions, the purpose of this essay is, by the patient method of induction, to search for truth; and, after what is above laid down, it will not be difficult to find it.

      Let us only recapitulate, that the principles of action impel to action, and that the moral sense is given as an instructor to regulate our actions, to enforce one principle, to restrain another, and to prefer one to another when they are in opposition. Hence the laws of nature may be defined to be, Rules of our conduct founded on natural principles approved by the moral sense, and enforced by natural rewards and punishments.

      In searching for these laws, it must be obvious from what is above said, that, by the moral sense, a difference is clearly established among our principles of action. Some are enforced by the consciousness of duty; some are left in a measure upon our own will. With respect to the former, we have no liberty, but ought to proceed to action; with respect to the latter, we may freely indulge every natural impulse, where the action is not disapproved by the moral sense. From this short sketch may be readily deduced all the laws of nature which govern human actions; though, in the present essay, the duty which a man owes to himself, where others are not concerned, is not comprehended.

      Among the principles of action that compel us to do our duty, the principle of justice takes the lead. It consists of two branches, one to abstain from harming others, and one to perform our positive engagements. With respect to both, we have no liberty; but are bound to perform every act of justice as our indispensible duty. Veracity, fidelity, and gratitude, are principles of action which come under the same class. And with respect to the whole, it ought not to be overlooked, that the internal constitution of man is adjusted with admirable wisdom to his external circumstances as a social being. Were we allowed to prey upon one another like savage animals, there could be no society; and were there nothing in our nature that could bind us to instruct, to comfort, to benefit each other, society would be deprived of all its advantages, and man, in the midst of society, would be a solitary being. Benevolence is another principle of action, which, in many circumstances, by means of peculiar connections, becomes also an indispensible duty. Witness the connection of parent and child. We are obliged to provide for our children; it is strict duty, and the neglect of it causes remorse. In the case of other blood-relations, an only brother for example who depends entirely on us, we feel the same obligation, though in a weaker degree; and thus, through other connections, it diminisheth by successive gradations, till at last the sense of duty is lost in simple approbation, without any obligatory feeling. This is universally the course that nature holds. Her transitions are soft and gentle: she makes things approximate so nicely one to another, as to leave no gap or chasm. One other instance of a connection that produceth a sense of obligation, shall suffice. In the general case of procuring positive good to others or advancing happiness, without any connection save merely that of humanity, it is self-approbation and not strict obligation that is felt. But let us put the case of a person in distress. By this single circumstance, though it forms no intimate connection, the moral sense is influenced, and now it becomes a positive duty to exert our benevolence, by affording relief. The neglect of this duty is attended with remorse and self-condemnation; though not so pungent as where we betray our trust, or are the authors of positive mischief to others. Thus charity is by all men considered as a duty to which we are strictly bound.viii

      With respect to principles of action that are not enforced by consciousness of duty, these we may restrain at pleasure, but may not always

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