Principles of Equity. Henry Home, Lord Kames
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To fulfil a rational promise or covenant deliberately made, is a duty not less inflexible than those duties are which arise independent of consent. But as man is fallible, liable to fraud and imposition, and to be misled by ignorance or error, his case would be deplorable, were he compelled by the moral sense to fulfil every engagement, however imprudent or irrational. Here the moral sense, bending to circumstances, is accommodated to the fallible nature of man: it relieves him from deceit, from imposition, from ignorance, and from error; and binds him to no engagement but what fairly answers the end proposed by it.
The other branch of duties, comprehending those we owe to ourselves, may be discussed in a few words. The sense of propriety, a branch of the moral sense, regulates our conduct with respect to ourselves; as the sense
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of justice, another branch of the moral sense, regulates our conduct with respect to others. The sense of propriety dictates, that we ought to act suitably to the dignity of our nature, and to the station allotted us by Providence; and, in particular, that temperance, prudence, modesty, and regularity of conduct, are self-duties. These duties contribute greatly to private happiness, by <17> preserving health, peace of mind, and a justly founded self-esteem; which are great blessings: they contribute not less to happiness in society, by procuring love and esteem, and consequently aid and support in time of need.
Upon reviewing the foregoing duties respecting others, we find them more or less extensive; but none of them so extensive as to have for their object the good of mankind in general. The most extensive duty is that of restraint, prohibiting us to harm others: but even this duty suffers an exception respecting those who merit punishment. The active duties of doing good are circumscribed within much narrower bounds; requiring an intimate relation for their object, such as what we bear to our parents, our children, our friends, our benefactors. The slighter relations are not an object, unless with the addition of peculiar circumstances: neighbourhood, for example, does not alone make benevolence a duty; but supposing a neighbour to be in distress, we become bound to relieve him in proportion to our ability. For it is remarkable in human nature, that though we always sympathise with our relations, and with those under our eye, the distress of persons remote and unknown affects us very little. Pactions and agreements become necessary, where the purpose is to extend the duty of benevolence, in any particular, beyond the bounds mentioned. Men, it is true, are sometimes capable of doing more good than is prescribed to them as a duty; but every such good must be voluntary.
And this leads to moral acts that are left to our own will to be done or left undone; which is the second general branch of moral actions mentioned above. Writers differ strangely about the benevolence of man. Some hold him to be merely a selfish being, incapable of any motive to action but what ultimately respects himself: this is too bold an assertion, being contradictory to the experience of all ages, which affords the clearest conviction, that men frequently act for the good of others, without regard to their own good, and sometimes in direct opposition to it. Other writers,
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running to the opposite extreme, advance benevolence to be a duty, maintaining that every one of the human race is intitled to all the good we can possibly do them: which banishes every consideration of self-interest, other than what we owe to ourselves as a part of the general society of men. This doctrine is not less contradictory to experience than the former: for we find that men generally are disposed to prefer their own interest before that of those with whom they have no particular <18> connection: nor do we find such bias controlled by the moral sense.
With respect to the actions that belong to the present branch, the moral sense imposes no laws upon us, leaving us at freedom to act or not according to our own inclination. Taking, accordingly, under consideration any single benevolent act by itself, it is approved when done, but not condemned when left undone. But considering the whole of our conduct, the moral sense appears to vary a little. As the nature of man is complex, partly social, partly selfish, reason dictates that our conduct ought to be conformable to our nature; and that, in advancing our own interest, we ought not altogether to neglect that of others. The man accordingly who confines his whole time and thoughts within his own little sphere, is condemned by all the world as guilty of wrong conduct; and the man himself, if his moral perceptions be not blunted by selfishness, must be sensible that he deserves to be condemned. On the other hand, it is possible that voluntary benevolence may be extended beyond proper bounds. The true balance of the mind consists in a subordination of benevolence to self-love; and therefore, where that balance is so varied as to give superior weight to the former, a man thus constituted will be excessive in his benevolence: he will sacrifice a great interest of his own to a small interest of others; and the moral sense dictates that such conduct is wrong.
With respect to the subject of this chapter in general, we have reason to presume from the uniformity of our moral perceptions, that there must be some general character distinguishing right actions, and their good effects, from wrong actions, and their ill effects. And from the deduction above given it will appear, that the general tendency of the former is, to promote the good of society; and of the latter, to obstruct that good. Universal benevolence, as a duty, is indeed not required of man; for an evident reason, that the performance is beyond the reach of his utmost abilities: but for
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promoting the general good, every duty is required of him that he can accomplish; which will appear from the slightest review of the foregoing duties. The prohibition of harming others is an easy task, and therefore is made universal. Our active duties are in a very different condition: man is circumscribed both in his capacity and powers; he cannot do good but in a slow succession; and therefore it is wisely ordered, that the obligation he is under to do good should be confined to his relations, his friends, his benefactors. Even distress cannot make benevolence a general duty: all a man can readily do, and <19> all he is bound to do, is to relieve those at hand; and accordingly we hear of distant misfortunes with very little or no concern.
At the same time, let us not misapprehend the moral system, as if it were our duty, or even lawful, to prosecute what, upon the whole, we reckon the most beneficial to society, balancing ill with good. In the moral system, it is not permitted to violate the most trivial right of any one, however beneficial it may be to others. For example, a man in low circumstances, by denying a debt he owes to a rich miser, saves himself and a hopeful family from ruin. In this case the good effect far outweighs the ill: but the moral sense admits no balancing between good and ill, and gives no quarter to injustice, whatever benefit it may produce. And hence a maxim in which all moralists agree, That we must not do evil even to bring about good. This doctrine, at the same time, is nicely correspondent to the nature of man: were it a rule in society, That a greater benefit to others would make it just to deprive me of my life, of my reputation, or of my effects, I should follow the advice of a celebrated philosopher, renounce society, and take refuge among the savages.1
CHAPTER III
Principles of Duty and of Benevolence.
Having thus shortly delineated the laws of nature, we proceed to a very important article; which is, to inquire into the means provided by the author of our nature for compelling obedience to these laws. The moral
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sense is an excellent guide; but the most expert guide will avail nothing to those who are not disposed to follow him. Intuitive knowledge of what is right, cannot of itself be a motive to act righteously, more than intuitive knowledge of what is wrong can be a motive to act unrighteously.