11 Jan critique

Of Justice and Beneficence

S II Of Justice and Beneficence C. I Comparison of those two virtues 1 A  a beneficent tendency, which proceed from proper motives, seem alone to require reward; because such alone are the approved objects of gratitude, or excite the sympathetic gratitude of the spectator. 2 Actions of a hurtful tendency, which proceed from improper motives, seem alone to deserve punishment; because such alone are the approved objects of resentment, or excite the sympathetic resentment of the spectator. 3 Beneficence is always free, it cannot be extorted by force, the mere want of it exposes to no punishment; because the mere want of beneficence tends to do no real positive evil. It may disappoint of the good which might reasonably have been expected, and upon that account it may justly excite dislike and disapprobation: it cannot, however, provoke any resentment which mankind will go along with. The man who does not recompense his benefactor, when he has it in his power, and when his benefactor needs his assistance, is, no doubt, guilty of the blackest ingratitude. The heart of every impartial spectator rejects all fellow-feeling with the selfishness of his motives, and he is the proper object of the highest disapprobation. But still he does no positive hurt to any body. He only does not do that good which in propriety he ought to have done. He is the object of hatred, a passion which is naturally excited by impropriety of sentiment and behaviour; not of resentment, a passion which is never properly called forth but by actions which tend to do real and positive hurt to some particular persons. His want of the sentiments which influence his behaviour. The approbation of propriety therefore requires, not only that we should entirely sympathize with the person who acts, but that we should perceive this perfect concord between his sentiments and our own. On the contrary, when I hear of a benefit that has been bestowed upon another person, let him who has received it be affected in what manner he pleases, if, by bringing his case home to myself, I feel gratitude arise in my own breast, I necessarily approve of the conduct of his benefactor, and regard it as meritorious, and the proper object of reward. Whether the person who has received the benefit conceives gratitude or not, cannot, it is evident, in any degree alter our sentiments with regard to the merit of him who has bestowed it. No actual correspondence of sentiments, therefore, is here required. It is sufficient that if he was grateful, they would correspond; and our sense of merit is often founded upon one of those illusive sympathies, by which, when we bring home to ourselves the case of another, we are often affected in a manner in which the person principally concerned is incapable of being affected. There is a similar difference between our disapprobation of demerit, and that of impropriety. II.ii.1 70 The Theory of Moral Sentiments Adam Smith gratitude, therefore, cannot be punished. To oblige him by force to perform what in gratitude he ought to perform, and what every impartial spectator would approve of him for performing, would, if possible, be still more improper than his neglecting to perform it. His benefactor would dishonour himself if he attempted by violence to constrain him to gratitude, and it would be impertinent for any third person, who was not the superior of either, to intermeddle. But of all the duties of beneficence, those which gratitude recommends to us approach nearest to what is called a perfect and complete obligation. What friendship, what generosity, what charity, would prompt us to do with universal approbation, is still more free, and can still less be extorted by force than the duties of gratitude. We talk of the debt of gratitude, not of charity, or generosity, nor even of friendship, when friendship is mere esteem, and has not been enhanced and complicated with gratitude for good offices. 4 Resentment seems to have been given us by nature for defence, and for defence only. It is the safeguard of justice and the security of innocence. It prompts us to beat off the mischief which is attempted to be done to us, and to retaliate that which is already done; that the offender may be made to repent of his injustice, and that others, through fear of the like punishment, may be terrified from being guilty of the like offence. It must be reserved therefore for these purposes, nor can the spectator ever go along with it when it is exerted for any other. But the mere want of the beneficent virtues, though it may disappoint us of the good which might reasonably be expected, neither does, not attempts to do, any mischief from which we can have occasion to defend ourselves. 5 There is, however, another virtue, of which the observance is not left to the freedom of our own wills, which may be extorted by force, and of which the violation exposes to resentment, and consequently to punishment. This virtue is justice: the violation of justice is injury: it does real and positive hurt to some particular persons, from motives which are naturally disapproved of. It is, therefore, the proper object of resentment, and of punishment, which is the natural consequence of resentment. As mankind go along with, and approve of the violence employed to avenge the hurt which is done by injustice, so they much more go along with, and approve of, that which is employed to prevent and beat off the injury, and to restrain the offender from hurting his neighbours. The person himself who meditates an injustice is sensible of this, and feels that force may, with the utmost propriety, be made use of, both by the person whom he is about to injure, and by others, either to obstruct the execution of his crime, or to punish him when he has executed it. And upon this is founded that remarkable distinction between justice and all the other social virtues, which has of late been particularly insisted II.ii.1 71 The Theory of Moral Sentiments Adam Smith upon by an author of very great and original genius, that we feel ourselves to be under a stricter obligation to act according to justice, than agreeably to friendship, charity, or generosity; that the practice of these last mentioned virtues seems to be left in some measure to our own choice, but that, somehow or other, we feel ourselves to be in a peculiar manner tied, bound, and obliged to the observation of justice. We feel, that is to say, that force may, with the utmost propriety, and with the approbation of all mankind, be made use of to constrain us to observe the rules of the one, but not to follow the precepts of the other. 6 We must always, however, carefully distinguish what is only blamable, or the proper object of disapprobation, from what force may be employed either to punish or to prevent. That seems blamable which falls short of that ordinary degree of proper beneficence which experience teaches us to expect of every body; and on the contrary, that seems praise-worthy which goes beyond it. The ordinary degree itself seems neither blamable nor praise-worthy. A father, a son, a brother, who behaves to the correspondent relation neither better nor worse than the greater part of men commonly do, seems properly to deserve neither praise nor blame. He who surprises us by extraordinary and unexpected, though still proper and suitable kindness, or on the contrary by extraordinary and unexpected, as well as unsuitable unkindness, seems praise-worthy in the one case, and blamable in the other. 7 Even the most ordinary degree of kindness or beneficence, however, cannot, among equals, be extorted by force. Among equals each individual is naturally, and antecedent to the institution of civil government, regarded as having a right both to defend himself from injuries, and to exact a certain degree of punishment for those which have been done to him. Every generous spectator not only approves of his conduct when he does this, but enters so far into his sentiments as often to be willing to assist him. When one man attacks, or robs, or attempts to murder another, all the neighbours take the alarm, and think that they do right when they run, either to revenge the person who has been injured, or to defend him who is in danger of being so. But when a father fails in the ordinary degree of parental affection towards a son; when a son seems to want that filial reverence which might be expected to his father; when brothers are without the usual degree of brotherly affection; when a man shuts his breast against compassion, and refuses to relieve the misery of his fellow-creatures, when he can with the greatest ease; in all these cases, though every body blames the conduct, nobody imagines that those who might have reason, perhaps, to expect more kindness, have any right to extort it by force. The sufferer can only complain, and the spectator can intermeddle no other way than by advice and persuasion. Upon all such occasions, II.ii.1 72 The Theory of Moral Sentiments Adam Smith for equals to use force against one another, would be thought the highest degree of insolence and presumption. 8 A superior may, indeed, sometimes, with universal approbation, oblige those under his jurisdiction to behave, in this respect, with a certain degree of propriety to one another. The laws of all civilized nations oblige parents to maintain their children, and children to maintain their parents, and impose upon men many other duties of beneficence. The civil magistrate is entrusted with the power not only of preserving the public peace by restraining injustice, but of promoting the prosperity of the commonwealth, by establishing good discipline, and by discouraging every sort of vice and impropriety; he may prescribe rules, therefore, which not only prohibit mutual injuries among fellow-citizens, but command mutual good offices to a certain degree. When the sovereign commands what is merely indifferent, and what, antecedent to his orders, might have been omitted without any blame, it becomes not only blamable but punishable to disobey him. When he commands, therefore, what, antecedent to any such order, could not have been omitted without the greatest blame, it surely becomes much more punishable to be wanting in obedience. Of all the duties of a law-giver, however, this, perhaps, is that which it requires the greatest delicacy and reserve to execute with propriety and judgment. To neglect it altogether exposes the commonwealth to many gross disorders and shocking enormities, and to push it too far is destructive of all liberty, security, and justice. 9 Though the mere want of beneficence seems to merit no punishment from equals, the greater exertions of that virtue appear to deserve the highest reward. By being productive of the greatest good, they are the natural and approved objects of the liveliest gratitude. Though the breach of justice, on the contrary, exposes to punishment, the observance of the rules of that virtue seems scarce to deserve any reward. There is, no doubt, a propriety in the practice of justice, and it merits, upon that account, all the approbation which is due to propriety. But as it does no real positive good, it is entitled to very little gratitude. Mere justice is, upon most occasions, but a negative virtue, and only hinders us from hurting our neighbour. The man who barely abstains from violating either the person, or the estate, or the reputation of his neighbours, has surely very little positive merit. He fulfils, however, all the rules of what is peculiarly called justice, and does every thing which his equals can with propriety force him to do, or which they can punish him for not doing. We may often fulfil all the rules of justice by sitting still and doing nothing. 10 As every man doth, so shall it be done to him, and retaliation seems to be the great law which is dictated to us by Nature. Beneficence and generosity we II.ii.1 73 The Theory of Moral Sentiments Adam Smith think due to the generous and beneficent. Those whose hearts never open to the feelings of humanity, should, we think, be shut out, in the same manner, from the affections of all their fellow-creatures, and be allowed to live in the midst of society, as in a great desert where there is nobody to care for them, or to inquire after them. The violator of the laws of justice ought to be made to feel himself that evil which he has done to another; and since no regard to the sufferings of his brethren is capable of restraining him, he ought to be over-awed by the fear of his own. The man who is barely innocent, who only observes the laws of justice with regard to others, and merely abstains from hurting his neighbours, can merit only that his neighbours in their turn should respect his innocence, and that the same laws should be religiously observed with regard to him. C. II Of the sense of Justice, of Remorse, and of the consciousness of Merit 1 T  be no proper motive for hurting our neighbour, there can be no incitement to do evil to another, which mankind will go along with, except just indignation for evil which that other has done to us. To disturb his happiness merely because it stands in the way of our own, to take from him what is of real use to him merely because it may be of equal or of more use to us, or to indulge, in this manner, at the expence of other people, the natural preference which every man has for his own happiness above that of other people, is what no impartial spectator can go along with. Every man is, no doubt, by nature, first and principally recommended to his own care; and as he is fitter to take care of himself than of any other person, it is fit and right that it should be so. Every man, therefore, is much more deeply interested in whatever immediately concerns himself, than in what concerns any other man: and to hear, perhaps, of the death of another person, with whom we have no particular connexion, will give us less concern, will spoil our stomach, or break our rest much less than a very insignificant disaster which has befallen ourselves. But though the ruin of our neighbour may affect us much less than a very small misfortune of our own, we must not ruin him to prevent that small misfortune, nor even to prevent our own ruin. We must, here, as in all other cases, view ourselves not so much according to that light in which we may naturally appear to ourselves, as according to that in which we naturally appear to others. Though every man may, according to the proverb, be the whole world to himself, to the rest of mankind he is a most insignificant part of it. Though his own happiness may be of more importance to him than that of all the world besides, to every other person it is of no more consequence than that of any other man. Though it may be true, therefore, that every individual, in his own breast, naturally prefers himself to all mankind, yet he dares not look mankind in the face, and avow that he acts according to this principle. He feels that in this preference they can never go along with him, and that how natural soever it may be to him, it must always appear excessive and extravagant to them. When he views himself in the light in which he is conscious that others will view him, he sees that to them he is but one of the multitude in no respect better than any other in it. If he would act so as that the impartial spectator may enter into the principles of his conduct, which is what of all things he has the greatest desire to do, he must, upon this, as upon all other occasions, humble the arrogance of his self-love, and bring it down to something which other men can go along with. They will indulge it so far as to allow him to be more anxious about, and to pursue with more earnest assiduity, his own happiness than that of any other person. Thus far, whenever they place themselves in his situation, they will readily go along with him. In the race for wealth, and honours, and preferments, he may run as hard as he can, and strain every nerve and every muscle, in order to outstrip all his competitors. But if he should justle, or throw down any of them, the indulgence of the spectators is entirely at an end. It is a violation of fair play, which they cannot admit of. This man is to them, in every respect, as good as he: they do not enter into that self-love by which he prefers himself so much to this other, and cannot go along with the motive from which he hurt him. They readily, therefore, sympathize with the natural resentment of the injured, and the offender becomes the object of their hatred and indignation. He is sensible that he becomes so, and feels that those sentiments are ready to burst out from all sides against him. 2 As the greater and more irreparable the evil that is done, the resentment of the sufferer runs naturally the higher; so does likewise the sympathetic indignation of the spectator, as well as the sense of guilt in the agent. Death is the greatest evil which one man can inflict upon another, and excites the highest degree of resentment in those who are immediately connected with the slain. Murder, therefore, is the most atrocious of all crimes which affect individuals only, in the sight both of mankind, and of the person who has committed it. To be deprived of that which we are possessed of, is a greater evil than to be disappointed of what we have only the expectation. Breach of property, therefore, theft and robbery, which take from us what we are possessed of, are greater crimes than breach of contract, which only disappoints us of what we expected. The most sacred laws of justice, therefore, those whose violation seems to call loudest for vengeance and punishment, are the laws which guard the life and person of our neighbour; the next are those which guard his property and possessions; and last of all come those which guard II.ii.2 75 The Theory of Moral Sentiments Adam Smith what are called his personal rights, or what is due to him from the promises of others. 3 The violator of the more sacred laws of justice can never reflect on the sentiments which mankind must entertain with regard to him, without feeling all the agonies of shame, and horror, and consternation. When his passion is gratified, and he begins coolly to reflect on his past conduct, he can enter into none of the motives which influenced it. They appear now as detestable to him as they did always to other people. By sympathizing with the hatred and abhorrence which other men must entertain for him, he becomes in some measure the object of his own hatred and abhorrence. The situation of the person, who suffered by his injustice, now calls upon his pity. He is grieved at the thought of it; regrets the unhappy effects of his own conduct, and feels at the same time that they have rendered him the proper object of the resentment and indignation of mankind, and of what is the natural consequence of resentment, vengeance and punishment. The thought of this perpetually haunts him, and fills him with terror and amazement. He dares no longer look society in the face, but imagines himself as it were rejected, and thrown out from the affections of all mankind. He cannot hope for the consolation of sympathy in this his greatest and most dreadful distress. The remembrance of his crimes has shut out all fellow-feeling with him from the hearts of his fellowcreatures. The sentiments which they entertain with regard to him, are the very thing which he is most afraid of. Every thing seems hostile, and he would be glad to fly to some inhospitable desert, where he might never more behold the face of a human creature, nor read in the countenance of mankind the condemnation of his crimes. But solitude is still more dreadful than society. His own thoughts can present him with nothing but what is black, unfortunate, and disastrous, the melancholy forebodings of incomprehensible misery and ruin. The horror of solitude drives him back into society, and he comes again into the presence of mankind, astonished to appear before them, loaded with shame and distracted with fear, in order to supplicate some little protection from the countenance of those very judges, who he knows have already all unanimously condemned him. Such is the nature of that sentiment, which is properly called remorse; of all the sentiments which can enter the human breast the most dreadful. It is made up of shame from the sense of the impropriety of past conduct; of grief for the effects of it; of pity for those who suffer by it; and of the dread and terror of punishment from the consciousness of the justly provoked resentment of all rational creatures. 4 The opposite behaviour naturally inspires the opposite sentiment. The man who, not from frivolous fancy, but from proper motives, has performed a generous action, when he looks forward to those whom he has served, feels himself to be II.ii.2 76 The Theory of Moral Sentiments Adam Smith the natural object of their love and gratitude, and, by sympathy with them, of the esteem and approbation of all mankind. And when he looks backward to the motive from which he acted, and surveys it in the light in which the indifferent spectator will survey it, he still continues to enter into it, and applauds himself by sympathy with the approbation of this supposed impartial judge. In both these points of view his own conduct appears to him every way agreeable. His mind, at the thought of it, is filled with cheerfulness, serenity, and composure. He is in friendship and harmony with all mankind, and looks upon his fellow-creatures with confidence and benevolent satisfaction, secure that he has rendered himself worthy of their most favourable regards. In the combination of all these sentiments consists the consciousness of merit, or of deserved reward.

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