An Essay on the History of Civil Society, Eighth EditionFerguson, Adam
Philosophy
An Essay on the History of Civil Society, Eighth Edition
Ferguson, Adam
Civil society -- History; Civilization -- History
If, therefore, in considering the variety of forms under which societies
subsist, the casuist is pleased to inquire, what title one man, or any
number of men, have to control his actions? he may be answered, none at
all, provided that his actions have no effect to the prejudice of his
fellow creatures; but if they have, the rights of defence, and the
obligation to repress the commission of wrongs, belong to collective
bodies, as well as to individuals. Many rude nations, having no formal
tribunals for the judgment of crimes, assemble, when alarmed by any
flagrant offence, and take their measures with the criminal as they would
with an enemy. But will this consideration, which confirms the title to
sovereignty, where it is exercised by the society in its collective
capacity, or by those to whom the powers of the whole are committed,
likewise support the claim to dominion, wherever it is casually lodged, or
even where it is only maintained by force?
This question may be sufficiently answered, by observing, that a right to
do justice, and to do good, is competent to every individual, or order of
men; and that the exercise of this right has no limits but in the defect of
power. Whoever, therefore, has power, may employ it to this extent; and no
previous convention is required to justify his conduct. But a right to do
wrong, or to commit injustice, is an abuse of language, and a contradiction
in terms. It is no more competent to the collective body of a people, than
it is to any single usurper. When we admit such a prerogative in the case
of any sovereign, we can only mean to express the extent of his power, and
the force with which he is enabled to execute his pleasure. Such a
prerogative is assumed by the leader of banditti at the head of his gang,
or by a despotic prince at the head of his troops. When the sword is
presented by either, the traveller or the inhabitant may submit from a
sense of necessity or fear; but he lies under no obligation from a motive
of duty or justice.
The multiplicity of forms, in the mean time, which different societies
offer to our view, is almost infinite. The classes into which they
distribute their members, the manner in which they establish the
legislative and executive powers, the imperceptible circumstances by which
they are led to have different customs, and to confer on their governors
unequal measures of power and authority, give rise to perpetual
distinctions between constitutions the most nearly resembling each other,
and give to human affairs a variety in detail, which, in its full extent,
no understanding can comprehend, and no memory retain.
Public-domain text, read in full here on John Shaqi.
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