Moral Science; a Compendium of EthicsBain, Alexander
Philosophy
Moral Science; a Compendium of Ethics
Bain, Alexander
Ethics; Ethics -- History
In the natural state of war, every man, being governed by his own
reason, has a right to everything, even to another's body. But because
thus no man's life is secure, he finds the First and fundamental law of
nature, or general rule of reason, to be _to seek peace and follow it,
if possible_: failing which, we may defend ourselves by all the means
we can. Here the law being 'to endeavour peace,' from this follows the
Second law, that a man be willing, when others are so too, as far forth
as for peace and self-defence he shall think it necessary, to _lay down
this right to all things_; and be contented with so much liberty
against other men as he would allow other men against himself. This is
the same as the Gospel precept, Do to others, &c.
Laying down one's right to anything is divesting one's self of the
liberty of hindering another in the exercise of his own original right
to the same. The right is _renounced_, when a man cares not for whose
benefit; _transferred_, when intended to benefit some certain person or
persons. In either case the man is _obliged_ or _bound_ not to hinder
those, in whose favour the right is abandoned, from the benefit of it;
it is his _duty_ not to make void his own voluntary act, and if he
does, it is _injustice_ or _injury_, because he acts now _sine Jure_.
Such conduct Hobbes likens to an intellectual absurdity or
self-contradiction. Voluntary signs to be employed in abandoning a
right, are words and actions, separately or together; but in all bonds,
the strength comes not from their own nature, but from the fear of evil
resulting from their rupture.
He concludes that not all rights are alienable, for the reason that the
abandonment, being a voluntary act, must have for its object some good
to the person that abandons his right. A man, for instance, cannot lay
down the right to defend his life; to use words or other signs for that
purpose, would be to despoil himself of the end--security of life and
person--for which those signs were intended.
_Contract_ is the mutual transferring of right, and with this idea he
connects a great deal. First, he distinguishes transference of right to
a thing, and transference of the thing itself. A contract fulfilled by
one party, but left on trust to be fulfilled by the other, is called
the _Covenant_ of this other, (a distinction he afterwards drops), and
leaves room for the keeping or violation of faith. To contract he
opposes _gift, free-gift_, or _grace_, where there is no mutual
transference of right, but one party transfers in the hope of gaining
friendship or service from another, or the reputation of charity and
magnanimity, or deliverance from the merited pain of compassion, or
reward in heaven.
Public-domain text, read in full here on John Shaqi.
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