on to the greater number, and in a total
dissolution of society to the rest. He, meanwhile, can have no other
expedient than to arm himself, to whomever the sword he seizes, or
the buckler, may belong: To make provision of all means of defence and
security: And his particular regard to justice being no longer of use
to his own safety or that of others, he must consult the dictates of
self-preservation alone, without concern for those who no longer merit
his care and attention.
When any man, even in political society, renders himself by his crimes,
obnoxious to the public, he is punished by the laws in his goods and
person; that is, the ordinary rules of justice are, with regard to him,
suspended for a moment, and it becomes equitable to inflict on him, for
the BENEFIT of society, what otherwise he could not suffer without wrong
or injury.
The rage and violence of public war; what is it but a suspension of
justice among the warring parties, who perceive, that this virtue is now
no longer of any USE or advantage to them? The laws of war, which then
succeed to those of equity and justice, are rules calculated for the
ADVANTAGE and UTILITY of that particular state, in which men are
now placed. And were a civilized nation engaged with barbarians, who
observed no rules even of war, the former must also suspend their
observance of them, where they no longer serve to any purpose; and must
render every action or recounter as bloody and pernicious as possible to
the first aggressors.
Thus, the rules of equity or justice depend entirely on the particular
state and condition in which men are placed, and owe their origin and
existence to that utility, which results to the public from their strict
and regular observance. Reverse, in any considerable circumstance,
the condition of men: Produce extreme abundance or extreme necessity:
Implant in the human breast perfect moderation and humanity, or perfect
rapaciousness and malice: By rendering justice totally USELESS, you
thereby totally destroy its essence, and suspend its obligation upon
mankind. The common situation of society is a medium amidst all these
extremes. We are naturally partial to ourselves, and to our friends; but
are capable of learning the advantage resulting from a more equitable
conduct. Few enjoyments are given us from the open and liberal hand of
nature; but by art, labour, and industry, we can extract them in great
abundance. Hence the ideas of property beco
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