All men are sensible of the necessity of justice to maintain peace and
order; and all men are sensible of the necessity of peace and order for
the maintenance of society. Yet, notwithstanding this strong and obvious
necessity, such is the frailty or perverseness of our nature! it is
impossible to keep men faithfully and unerringly in the paths of
justice. Some extraordinary circumstances may happen, in which a man
finds his interests to be more promoted by fraud or rapine, than hurt by
the breach which his injustice makes in the social union. But much more
frequently he is seduced from his great and important, but distant
interests, by the allurement of present, though often very frivolous
temptations. This great weakness is incurable in human nature.
Men must, therefore, endeavour to palliate what they cannot cure. They
must institute some persons under the appellation of magistrates, whose
peculiar office it is to point out the decrees of equity, to punish
transgressors, to correct fraud and violence, and to oblige men, however
reluctant, to consult their own real and permanent interests. In a word,
obedience is a new duty which must be invented to support that of
justice, and the ties of equity must be corroborated by those of
allegiance.
But still, viewing matters in an abstract light, it may be thought that
nothing is gained by this alliance, and that the factitious duty of
obedience, from its very nature, lays as feeble a hold of the human
mind, as the primitive and natural duty of justice. Peculiar interests
and present temptations may overcome the one as well as the other. They
are equally exposed to the same inconvenience; and the man who is
inclined to be a bad neighbour, must be led by the same motives, well
or ill understood, to be a bad citizen or subject. Not to mention, that
the magistrate himself may often be negligent, or partial, or unjust in
his administration.