There is another degree of negligence which does not involve in it any sort of injustice. The person who is guilty of it treats his neighbour as he treats himself, means no harm to any body, and is far from entertaining any insolent contempt for the safety and happiness of others. He is not, however, so careful and circumspect in his conduct as he ought to be, and deserves upon this account some degree of blame and censure, but no sort of punishment. Yet if, by a negligence (Culpa levis) of this kind he should occasion some damage to another person, he is by the laws of, I believe, all countries, obliged to compensate it. {95} And though this is, no doubt, a real punishment, and what no mortal would have thought of inflicting upon him, had it not been for the unlucky accident which his conduct gave occasion to; yet this decision of the law is approved of by the natural sentiments of all mankind. Nothing, we think, can be more just than that one man should not suffer by the carelessness of another; and that the damage occasioned by blamable negligence, should be made up by the person who was guilty of it. There is another species of negligence (Culpa levissima), which consists merely in a want of the most anxious timidity and circumspection, with regard to all the possible consequences of our actions. The want of this painful attention, when no bad consequences follow from it, is so far from being regarded as blamable, that the contrary quality is rather considered as such. That timid circumspection which is afraid of every thing, is never regarded as a virtue, but as a quality which more than any other incapacitates for action and business. Yet when, from a want of this excessive care, a person happens to occasion some damage to another, he is often by the law obliged to compensate it. Thus, by the Aquilian law, the man, who not being able to manage a horse that had accidentally taken fright, should happen to ride down his neighbour's slave, is obliged to compensate the damage. When an accident of this kind happens, we are apt to think that he ought not to have rode such a horse, and to regard his attempting it as an unpardonable levity; though without this accident we should not only have made no such reflection, but should have regarded his refusing it as the effect of timid weakness, and of an anxiety about merely possible events, which it is to no purpose to be aware of. The person himself, who by an accident even of this kind has involuntarily hurt another, seems to have some sense of his own ill desert, with regard to him. He naturally runs up to the sufferer to express his concern for what has happened, and to make every acknowledgment in his power. If he has any sensibility, he necessarily desires to compensate the damage, and to do every thing he can to appease that animal resentment which he is sensible will be apt to arise in the breast of the sufferer. To make no apology, to offer