civilized. The invention of fire-arms, an | |||
invention which at first sight appears to be so | |||
pernicious, is certainly favourable, both to | |||
the permanency and to the extension of civilisation. | |||
PART II. | |||
Of the Expense of Justice. | |||
The second duty of the sovereign, that of | |||
protecting, as far as possible, every member | |||
of the society from the injustice or oppression | |||
of every other member of it, or the duty of | |||
establishing an exact administration of justice, | |||
requires two very different degrees of expense | |||
in the different periods of society. | |||
Among nations of hunters, as there is | |||
scarce any property, or at least none that exceeds | |||
the value of two or three days labour; | |||
so there is seldom any established magistrate, | |||
or any regular administration of justice. | |||
Men who have no property, can injure one | |||
another only in their persons or reputations. | |||
But when one man kills, wounds, beats, or | |||
defames another, though he to whom the injury | |||
is done suffers, he who does it receives | |||
no benefit. It is otherwise with the injuries | |||
to property. The benefit of the person who | |||
does the injury is often equal to the loss of | |||
him who suffers it. Envy, malice, or resentment, | |||
are the only passions which can prompt | |||
one man to injure another in his person or | |||
reputation. But the greater part of men are | |||
not very frequently under the influence of | |||
those passions; and the very worst men are | |||
so only occasionally. As their gratification, | |||
too, how agreeable soever it may be to certain | |||
characters, is not attended with any real | |||
or permanent advantage, it is, in the greater | |||
part of men, commonly restrained by prudential | |||
considerations. Men may live together | |||
in society with some tolerable degree of security, | |||
though there is no civil magistrate to | |||
protect them from the injustice of those passions. | |||
But avarice and ambition in the rich, | |||
in the poor the hatred of labour and the love | |||
of present ease and enjoyment, are the passions | |||
which prompt to invade property; passions | |||
much more steady in their operation, | |||
and much more universal in their influence. | |||
Wherever there is a great property, there is | |||
great inequality. For one very rich man, | |||
there must be at least five hundred poor, and | |||
the affluence of the few supposes the indigence | |||
of the many. The affluence of the rich | |||
excites the indignation of the poor, who are | |||
often both driven by want, and prompted by | |||
envy to invade his possessions. It is only | |||
under the shelter of the civil magistrate, that | |||
the owner of that valuable property, which is | |||
acquired by the labour of many years, or | |||
perhaps of many successive generations, can | |||
sleep a single night in security. He is at all | |||
times surrounded by unknown enemies, | |||
whom, though he never provoked, he can | |||
never appease, and from whose injustice he | |||
can be protected only by the powerful arm of | |||
the civil magistrate, continually held up to | |||
chastise it. The requisition of valuable and | |||
extensive property, therefore, necessarily | |||
requires the establishment of civil government. | |||
Where there is no property, or at least none | |||
that exceeds the value of two or three days | |||
labour, civil government is not so necessary. | |||
Civil government supposes a certain | |||
subordination. But as the necessity of civil | |||
government gradually grows up with the acquisition | |||
of valuable property, so the principal | |||
causes, which naturally introduce subordination, | |||
gradually grow up with the growth of | |||
that valuable property. | |||
The causes or circumstances which naturally | |||
introduce subordination, or which naturally | |||
and antecedent to any civil institution, give | |||
some men some superiority over the greater | |||
part of their brethren, seem to be four in | |||
number. | |||
The first of those causes or circumstances, | |||
is the superiority of personal qualifications, | |||
of strength, beauty, and agility of body; of | |||
wisdom and virtue of prudence, justice, | |||
fortitude, and moderation of mind. The | |||
qualifications of the body, unless supported | |||
by those of the mind, can give little authority | |||
in any period of society. He is a very strong | |||
man, who, by mere strength of body, can | |||
force two weak ones to obey him. The | |||
qualifications of the mind can alone give very | |||
great authority. They are however, invisible | |||
qualities; always disputable, and generally | |||
disputed. No society, whether barbarous or | |||
civilized, has ever found it convenient to settle | |||
the rules of precedency of rank and subordination, | |||
according to those invisible qualities; | |||
but according to something that is more | |||
plain and palpable. | |||
The second of those causes or circumstances | |||
is the superiority of age. An old man, provided | |||
his age is not so far advanced as to give | |||
suspicion of dotage, is everywhere more | |||
respected than a young man of equal rank, fortune, | |||
and abilities. Among nations of hunters, | |||
such as the native tribes of North America, | |||
age is the sole foundation of rank and | |||
precedency. Among them, father is the | |||
appellation of a superior; brother, of an equal; | |||
and son, of an inferior. In the most opulent | |||
and civilized nations, age regulates rank | |||
among those who are in every other respect | |||
equal; and among whom, therefore, there is nothing | |||
else to regulate it. Among brothers and | |||
among sisters, the eldest always takes place; | |||
and in the succession of the paternal estate, | |||
every thing which cannot be divided, but must | |||
go entire to one person, such as a title of honour, | |||
is in most cases given to the eldest. | |||
Age is a plain and palpable quality, which admits | |||
of no dispute. | |||