Principles of Equity. Henry Home, Lord Kames
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The author of our nature leaves none of his works imperfect. In order to render us obsequious to the moral sense, as our guide, he hath implanted in our nature the three great principles, of duty, of voluntary benevolence, and of rewards and punishments. <20>
It may possibly be thought that rewards and punishments, of which afterward, are sufficient of themselves to enforce the laws of our nature, without necessity of any other principle. Human laws, it is true, are inforc’d by these means, because no higher sanction is under the command of a terrestrial legislator: but the celestial legislator, with power that knows no control, and benevolence that knows no limits, has inforc’d his laws by means not less remarkable for their mildness than for their efficacy: he employs no external compulsion; but in order to engage our will on the side of moral conduct, has in the breast of every individual established the principles mentioned, which efficaciously excite us to obey the dictates of the moral sense. Other principles may solicit and allure; but the principle of duty assumes authority, commands, and must be obey’d.
As one great advantage of society is, the furnishing opportunities without end of mutual aid and assistance, beyond what is strictly our duty; nature hath disposed us to do good by the principle of benevolence, which is a powerful incitement to be kindly, beneficent, and generous. Nor is this principle, as will afterward appear, too sparingly distributed: its strength is so nicely proportioned to our situation in this world, as better to answer its destination, than if it were an over-match for self-interest, and for every other principle.
Thus, moral actions are divided into two classes: the first regards our duty, containing actions that ought to be done, and actions that ought not
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to be done: the other regards actions left to ourselves, containing actions that are right when done, but not wrong when left undone. It will appear afterward, that the well-being of society depends more on the first class than on the second; that society is indeed promoted by the latter; but that it can scarce subsist unless the former be made our duty. Hence it is, that actions only of the first class are made indispensable, actions of the second class being left to our own free will. And hence also it is, that the various principles or propensities that dispose us to actions of the first sort, are distinguished by the name of primary virtues, giving the name of secondary virtues to those principles or propensities which dispose us to actions of the other sort.* <21>
CHAPTER IV
Rewards and Punishments.
Reflecting upon the moral branch of our nature qualifying us for society in the most perfect manner, we cannot overlook the hand of our maker; for means so finely prepared to accomplish an important end, never happen by chance. At the same time it must be acknowledged, that in many men the principle of duty has not vigour nor authority sufficient to stem every tide of unruly passion: by the vigilance of some passions we are taken unprepared, deluded by the sly insinuations of others, or overwhelmed with the stormy impetuosity of a third sort. Moral evil thus gains ground, and much wrong is done. This new scene makes it evident, that there must be some article wanting to complete the present undertaking. The means provided for directing us in the road of duty are indeed explained; but as in deviating from the road wrongs are committed, there is hitherto nothing said of redressing these wrongs, nor of preventing the reiteration of them. To accomplish these valuable ends, there are added to the moral system the principle of rewards and punishments, and that of reparation; of which in their order.
Such animals as are governed entirely by instinct, may be qualified for
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society; which, among quadrupeds, is the case of the beavers; and, among winged animals, of the bees, of the crows, and of some other kinds. But very few of the human actions are instinctive: they are generally prompted by passions, of which there is an endless variety, social and selfish, benevolent and malevolent: and were every passion equally intitled to gratification, man would be utterly incapable of society; he would be a ship without a rudder, obedient to every wind, and moving at random, without any destination. The faculty of reason would make no opposition; for were there no sense of wrong, it would be reasonable to gratify every desire that harms not ourselves: and to talk of punishment would be absurd; for the very idea of punishment implies some wrong that ought to be repressed. Hence the necessity of the moral sense to qualify us for society, and to make us accountable beings: by teaching us what is our duty, it renders us accountable for our actions, and makes us fit objects of rewards and punishments. The moral sense fulfils another valuable purpose: it <22> forms in our minds an unerring standard, directing the application and the measure of rewards and punishments.
But to complete the system of rewards and punishments, it is necessary, that not only power, but also inclination, be conferred upon one, or upon many, to reward and to punish. The author of our nature has provided amply for the first, by intitling every individual to exercise that power as his native privilege. And he has equally provided for the other, by a noted principle implanted in our nature, prompting us to reward the virtuous, and to punish the vicious. Every act of duty is rewarded with our approbation: a benevolent act is rewarded with our esteem: a generous act commands our affection. These, and other virtuous actions, have a still reward; which is, the consciousness of merit in the author himself.
As to punishment, it would be inconsistent to punish any defect in benevolence, considered as a virtue left to our own free will. But an action done intentionally to produce mischief is criminal, and merits punishment: such an action being disagreeable, raises any resentment, even though I have no connection with the person injured; and being impelled, by the principle under consideration, to punish vice, as well as to reward virtue, I must chastise the delinquent by indignation, at least, and hatred. An injury done to myself raises my resentment to a higher pitch: I am not
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satisfied with so slight a punishment as indignation or hatred; the author must by my hand suffer mischief as great as he has done me.
Even the most secret crime escapes not punishment; for, though hid from others, it cannot be hid from the delinquent himself. It raises in him the painful passion of remorse: this passion, in its stronger fits, makes him wish to be punished; and, in extreme, frequently impels him to be his own executioner. There cannot be imagined a contrivance more effectual to deter us from vice; for remorse is itself a severe punishment. But this is not the whole of self-punishment: every criminal, sensible that he ought to be punished, dreads punishment from others; and this painful feeling, however smothered during prosperity, becomes extremely severe in adversity, or in any depression of mind. Then it is that his crime stares him in the face, and that every accidental misfortune is, in his disturbed imagination, converted into a real punishment: “And they said one to another, We are verily guilty concerning our brother, in that we saw the anguish of his soul, when he besought us; and we would not hear: therefore is this distress come upon us. And Reuben answered them, saying, Spake I not unto you, saying, <23> Do not sin against the child; and ye would not hear? therefore behold also his blood is required”; Genesis, xlii, 21, 22.
No transgression of the duty we owe to ourselves escapes punishment, more than the transgression of the duty we owe to others. The punishments, though not the same are nearly allied; and differ in degree more than in kind. Injustice is punished by the delinquent himself with remorse; impropriety with shame, which is remorse in a lower degree. Injustice raises indignation in the beholder, and so doth every flagrant impropriety: slighter improprieties receive a milder punishment, being rebuked with some degree of contempt, and frequently with derision.