Principles of Equity. Henry Home, Lord Kames

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Principles of Equity - Henry Home, Lord Kames Natural Law and Enlightenment Classics

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a man with a sharp weapon: death is the necessary effect of throwing a person downward from the battlements of a high tower. Some effects are probable only: I labour, for example, in order to provide for my family; fight for my country, in order to repel its enemies; take physic, in order to restore my health. In such cases, the event intended does not necessarily nor always follow.

      A man, when he wills to act, must at the same time intend to produce the effect that he knows to be necessarily connected with the action. But where the effect is probable only, a man may proceed to act without intending to produce the effect that follows. For example, a stone I throw at random into the market-place, may wound a man without my intending that effect.

      Instinctive actions, from their very definition, exclude intention: actions that necessarily produce their effects, must imply intention: effects that are probable only, not necessary, are sometimes intended, sometimes not.

      A right and a wrong, in such actions as are done intentionally to produce some effect, are universally acknowledged; and yet philosophers have been much difficulted to assign the cause of this eminent distinction. The various opinions that have been entertained about it, would be a delicate historical morsel; but come not within the compass of this short inquiry. I shall only observe, negatively, that the science of morals cannot be founded on any truths that may be discovered by reasoning: which will thus appear. As the faculty of reason is confined to the investigation of unknown truths by means of truths that are known, it is clear, that in no science can we even begin to reason, till we be provided with some data to found our reasonings upon: even in mathematics, there are certain principles or axioms perceived intuitively to be true, upon which all its demonstrations are founded. Reason is indeed of great use in morality, as well as in other sciences; but morality, like mathematics, is and must be provided with certain axioms or intuitive propositions, without which we cannot make a single step in our reasonings upon that subject; and to trace these with care and caution is the chief purpose of the present inquiry. <3>

      [print edition page xxxvii]

      CHAPTER I

      The Moral Sense.

      When we reflect upon the different branches of science, it might seem, that of all subjects human nature should be the best understood; because every man has daily opportunities to study it in his own passions, and in his own actions. But human nature, an interesting subject, is seldom left to the cool investigations of philosophy. Writers of a sweet disposition, inflamed with a warm imagination, compose man mostly or wholly of benevolent principles: others, of a cold temperament and narrow views, bring him down to be an animal entirely selfish. These systems are equally distant from truth: man is of a complex nature, endued with various principles, some selfish some social; and it is highly expedient that man should be so framed, in order to act the part that is allotted him in this life. The unhappy progress of selfishness, especially among commercial nations, is a favourite topic of declamation; and facts are accumulated without end to inforce that topic. It would be no difficult task to produce instances, not less numerous, of benevolence, generosity, and disinterestedness. In the midst of these opposite instances, what can any sensible person fairly conclude, but that the social and selfish principles are, by divine wisdom, so blended as to fit man for his present state? But supposing selfishness to prevail in action, it certainly prevails not in sentiment, nor in affection: all men equally conspire to put a high estimation upon generosity, benevolence, and other social qualities; while even the most selfish are disgusted with selfishness in others, and can scarce be reconciled to it in themselves. Another fact, equally worthy of attention, proceeds from the same cause with the former. Laying aside particular prejudices arising from love or hatred, good fortune happening to any one is agreeable to all, and bad fortune happening to any one is disagreeable to all. Hence effects or events, whether produced by the operation of the laws of matter, or by the actions of self-motive beings, may be distinguished into three kinds, viz. agreeable, disagreeable, and indifferent. Beneficial effects or events are agreeable: hurtful effects or events are disagreeable: and those that are neither beneficial nor hurtful, are indifferent.

      [print edition page xxxviii]

      These preliminaries lead directly to the true foundation of morality, <4> which foundation is discovered upon taking under consideration effects or events produced by human actions. An agreeable effect or event produced intentionally by acting, is perceived by all to be good:* a disagreeable effect or event produced intentionally by acting, is perceived by all to be ill: and an indifferent effect or event is not in our perception either good or ill. These perceptions of good and of ill are the primary moral perceptions, with which, as will be seen afterward, every other moral perception is intimately connected.

      In an attempt to investigate the true foundation of morality, an effect or event, being the end for which we act, presents itself first to the mind as its capital object: an action is only a mean employ’d to produce some effect or event, and means are always subordinate to the end. For this reason, I thought it necessary to vary from other writers upon moral philosophy, who begin with actions as the capital object, without giving due attention to the ends for which we act.

      Good and ill, like agreeable and disagreeable, bitter and sweet, hard and soft, are simple qualities, incapable of a definition; and, like these, and all other qualities, are objects of perception, independent of consequences, and independent of reasoning or reflection. I illustrate this doctrine by the following examples: We require no argument to prove, that children of the poor bred to useful employments by means of a charitable endowment, an infant rescued from the jaws of a lion, a sick person restored to health, the hungry fed, and the naked clothed, are good effects; they are perceived to be such intuitively: an argument is as little necessary to prove, that an old man abandoned to poverty by his favourite son in opulent circumstances, a virtuous young woman corrupted by artifice, are ill effects; and that breach of engagement, and harm done to one who dreads

      [print edition page xxxix]

      no harm from us, are equally so: these effects are perceived intuitively to be ill.

      Next as to actions considered as means productive of effects. To the qualities of good and ill in effects, correspond the qualities of right and wrong in actions: An agreeable effect produced intentionally, is perceived to be good; and the action by which it is produced, is perceived to be right: a disagreeable effect produced intentionally <5> is perceived to be ill; and the action by which it is produced, is perceived to be wrong.* And as it will be seen afterward, that some effects are perceived to be ill without being intended; it will also be seen, that the actions by which such effects are produced, are perceived to be wrong.

      An action is perceived to be right or wrong according to the effect intended, whether the effect follow or not. Thus, if to save my friend from being drowned, I plunge into a river, the action is right though I come too late: and if I aim a stroke at a man behind his back, the action is wrong though I happen not to touch him.

      It holds in actions as in effects: good effects are a species of agreeable effects, and right actions a species of agreeable actions: ill effects are a species of disagreeable effects, and wrong actions a species of disagreeable actions.

      Thus, right and wrong, like good and ill, and all other qualities, are objects of perception or intuition; and supposing them hid from our perception, an attempt to discover them by reasoning would be absurd; not less so, than such an attempt with respect to beauty or colour, or with respect to the external objects to which these qualities belong.

      For the sake of perspicuity, the foregoing observations are confined to the simplest case, that of an effect or event produced intentionally. When we afterward descend to particulars, there will be occasion to show, first, That if in acting we foresee the probability of a disagreeable effect, though

      [print edition page xl]

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