The Theory of Moral Sentiments: Or, an Essay Towards an Analysis of the Principles by Which Men Naturally Judge Concerning the Conduct and Character, First of Their Neighbours, and Afterwards of Themselves. to Which Is Added, a Dissertation on the Origin of Languages.Smith, Adam
Philosophy
The Theory of Moral Sentiments: Or, an Essay Towards an Analysis of the Principles by Which Men Naturally Judge Concerning the Conduct and Character, First of Their Neighbours, and Afterwards of Themselves. to Which Is Added, a Dissertation on the Origin of Languages.
Smith, Adam
Ethics -- Early works to 1800; Language and languages -- Early works to 1800
Every system of positive law may be regarded as a more or less imperfect
attempt towards a system of natural jurisprudence, or towards an
enumeration of the particular rules of justice. As the violation of
justice is what men will never submit to from one another, the public
magistrate is under a necessity of employing the power of the
commonwealth to enforce the practice of this virtue. Without this
precaution, civil society would become a scene of bloodshed and
disorder, every man revenging himself at his own hand whenever he
fancied he was injured. To prevent the confusion which would attend upon
every man’s doing justice to himself, the magistrate, in all governments
that have acquired any considerable authority, undertakes to do justice
to all, and promises to hear and to redress every complaint of injury.
In all well-governed states too, not only judges are appointed for
determining the controversies of individuals, but rules are prescribed
for regulating the decisions of those judges; and these rules are, in
general, intended to coincide with those of natural justice. It does
not, indeed, always happen that they do so in every instance. Sometimes
what is called the constitution of the state, that is, the interest of
the government; sometimes of the interest of particular orders of men
who tyrannize the government, warp the positive laws of the country from
what natural justice would prescribe. In some countries, the rudeness
and barbarism of the people hinder the natural sentiments of justice
from arriving at that accuracy and precision which, in more civilized
nations, they naturally attain to. Their laws are, like their manners,
gross and rude and undistinguishing. In other countries the unfortunate
constitution of their courts of judicature hinders any regular system of
jurisprudence from ever establishing itself among them, though the
improved manners of the people may be such as would admit of the most
accurate. In no country do the decisions of positive law coincide
exactly, in every case, with the rules which the natural sense of
justice would dictate. Systems of positive law, therefore, though they
deserve the greatest authority, as the records of the sentiments of
mankind in different ages and nations, yet can never be regarded as
accurate systems of the rules of natural justice.
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