Book 2, Chapter 05 : Of Rights
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Book 2, Chapter 05
Active rights exploded.-Province of morality unlimited.-Objection.- Consequences of the doctrine of active rights.-Admonition considered.-Rights of kings-of communities.-Passive rights irrefragable.-Of discretion.
THE rights of man have, like many other political and moral questions, furnished a topic of eager and pertinacious dispute more by a confused and inaccurate statement of the subject of inquiry than by any considerable difficulty attached to the subject itself.
The real or supposed rights of man are of two kinds, active and passive; the right in certain cases to do as we list; and the right we possess to the forbearance or assistance of other men. The first of these a just philosophy will probably induce us universally to explode.
There is no sphere in which a human being can be supposed to act, where one mode of proceeding will not, in every given instance, be more reasonable than any other mode. That mode the being is bound by every principle of justice to pursue.
Morality is nothing else but that system which teaches us to contribute, upon all occasions, to the extent our power, to the well-being and happiness of every intellectual and sensitive existence. But there is no action of our lives, which does not in some way affect that happiness. Our property, our time, and our faculties, may all of them be made to contribute to this end. The periods, which cannot be spent in the active production of happiness, may be spent in preparation. There is not one of our avocations or amusements, that does not, by its effects, render us more or less fit to contribute our quota to the general utility. If then every one of our actions fall within the province of morals, it follows that we have no rights in relation to the selecting them. No one will maintain, that we have a right to trespass upon the dictates of morality.
It has been observed by natural philosophers, that a single grain of land more or less in the structure of the earth, would have produced an infinite variation in its history. If this be true in inanimate nature, it is much more so in morals. The encounter of two persons of opposite sexes, so as to lead to the relation of marriage, in many cases obviously depends upon the most trivial circumstances, anyone of which, being changed, the relation would not have taken place. Let the instance be the father and mother of Shakespeare. If they had not been connected, Shakespeare would never have been born. If any accident had happened to the wife during her pregnancy, if she had on any day set her foot half an inch too far, and fallen down a flight of stairs, if she had turned down one street instead of another, through which, it may be, some hideous object was passing, Shakespeare might never have come alive into the world. The determination of mind, in consequence of which the child contracts some of his earliest propensities, which call out his curiosity, industry and ambition, or on the other hand leave him unobserving, indolent and phlegmatic, is produced by circumstances so minute and subtle as in few instances to have been made the subject of history. The events which after wards produce his choice of a profession or pursuit, are not less precarious. Every one of these incidents, when it occurred, grew out of a series of incidents that had previously taken place. Everything is connected in the universe. If any man asserted that, if Alexander had not bathed in the river Cydnus, Shakespeare would never have written, it would be impossible to prove that his assertion was untrue.
To the inference we are deducing from this statement of facts, it may be objected "that it is true that all events in the universe are connected, and that the most memorable revolutions may depend for their existence upon trivial causes; but it is impossible for us to discern the remote bearings and subtle influences of our own actions; and by what we cannot discern it can never be required of us to regulate our conduct." This is no doubt true, but its force in the nature of an objection will be taken away if we consider, first, that, though our ignorance will justify us in neglecting that which, had we been better informed, we should have seen to be most beneficial, it can scarcely be considered as conferring on us an absolute right to incur that neglect. Secondly, even under the limited powers of our discernment, it will seldom happen to a man eminently conscientious and benevolent, to see no appearance of superiority, near or remote, direct or indirect, in favor of one side of any alternative proposed to his choice, rather than the other. We are bound to regulate ourselves by the best judgment we can exert. Thirdly, if anything remain to the active rights of man after this deduction, and if he be at liberty to regulate his conduct in any instance, independently of the dictates of morality, it will be, first, an imperfect, not an absolute right, the offspring of ignorance and imbecility; and, secondly, it will relate only to such insignificant matters, if such there be, as, after the best exercise of human judgment, can not be discerned to have the remotest relation to the happiness of mankind.
Few things have contributed more to undermine the energy and virtue of the human species, than the supposition that we have a right, as it has been phrased, to do what we will with our own. It is thus that the miser, who accumulates to no end that which diffused would have conduced to the welfare of thousands, that the luxurious man, who wallows in indulgence and sees numerous families around him pining in beggary, never fail to tell us of their rights, and to silence animadversion and quiet the censure of their own minds, by observing "that they came fairly into possession of their wealth, that they owe no debts, and that of consequence no man has authority to inquire into their private manner of disposing of that which appertains to them." We have in reality nothing that is strictly speaking our own. We have nothing that has not a destination prescribed to it by the immutable voice of reason and justice; and respecting which, if we supersede that destination, we do not entail upon our selves a certain portion of guilt.
As we have a duty obliging us to a certain conduct respecting our faculties and our possessions, so our neighbor has a duty respecting his admonitions and advice. He is guilty of an omission in this point, if he fail to employ every means in his power for the amendment of our errors, and to have recourse for that purpose, as he may see occasion, to the most unreserved animadversion upon our propensities and conduct. It is absurd to suppose that certain points are especially within my province, and therefore he may not afford me, invited or uninvited. his assistance in arriving at a right decision. He is bound to form the best judgment he is able respecting every circumstance that falls under his observation; what he thinks, he is bound to declare to others; and, if to others, certainly not less to the party immediately concerned. The worst consequences, through every rank and department of life, have arisen from men's supposing their personal affairs in any case to be so sacred, that every one, except themselves, was bound to be blind and dumb in relation to them.
The ground of this error has been a propensity, to which we are frequently subject, of concluding from the excess to the thing itself. Undoubtedly our neighbor is to be directed in his animadversions, not by a spirit of levity and impertinence, but by a calculation of the eventual utility. Undoubtedly there is one person who must, in almost all instances, be the real actor, and other persons may not, but with caution and sober reflection occupy his time with their suggestions as to the conduct he ought to pursue. There is scarcely any tyranny more gross than that of the man who should perpetually intrude upon us his crude and half-witted advices, or who, not observing when, in point of strength and clearness, he had done Justice to his own conception, should imagine it to be his duty to repeat and press it upon us without end. Advice perhaps requires above all things that it should be ad ministered with simplicity, disinterestedness, kindness and moderation. - To return.
It has been affirmed by the zealous advocates of liberty, "that princes and magistrates have no rights;" and no position can be more incontrovertible. There is no situation of their lives that has not its correspondent duties. There is no power entrusted to them, that they are not bound to exercise exclusively for the public good. It is strange that persons adopting this principle, did not go a step further, and perceive that the same restrictions were applicable to subjects and citizens.
It is scarcely necessary to add, that, if individuals have no rights, neither has society, which possesses nothing but what individuals have brought into a common stock. The absurdity of the common opinion, as applied to this subject, is still more glaring, if possible, than in the view in which we have already considered it. According to the usual sentiment, every club assembling for any civil purpose, every congregation of religionists assembling for the worship of God, has a right to establish any provisions or ceremonies, no matter how ridiculous or detestable, provided they do not interfere with the freedom of others. Reason lies prostrate at their feet; they have a right to trample upon and insult her as they please. It is in the same spirit we have been told, that every nation has a right to choose its form of government. An acute and original author was probably misled by the vulgar phraseology on this subject, when he asserted, that, "at a time when neither the people of France nor the national assembly were troubling themselves about the affairs of England or the English parliament, Mr. Burke's conduct was unpardonable in commencing an unprovoked attack upon them."1
It is, no doubt, the inevitable result of human imperfection that men and societies of men should model their conduct by the best judgment they are able to form, whether that judgment be sound or erroneous. But, as it has been before shown that it cannot be their duty to do anything detrimental to the general happiness,2 so it appears with equal evidence that they cannot have a right to do so. There cannot be a more absurd proposition, than that which affirms the right of doing wrong. A mistake of this sort, has been attended with the most pernicious consequences in public and political affairs. It cannot be too strongly inculcated, that societies and communities of men are in no case empowered to establish absurdity and injustice; that the voice of the people is not, as has sometimes been ridiculously asserted, "the voice of truth and of God;" and that universal consent cannot convert wrong into right. The most insignificant individual ought to hold himself free to animadvert upon the decisions of the most august assembly; and other men are bound in justice to listen to him, in proportion to the soundness of his reasons, and the strength of his remarks, and not for any accessory advantages he may derive from rank or exterior importance. The most crowded forum, or the most venerable senate, cannot make one proposition to be a rule of justice, that was not substantially so previously to their decision. They can only interpret and announce that law, which derives its real validity from a higher and less mutable authority. If we submit to their decisions in cases where we are not convinced of their rectitude, this submission is an affair of prudence only; a reasonable man will lament the emergence, while he yields to the necessity. If a congregation of men agree universally to cut off their right hand, to shut their ears upon free inquiry, or to affirm two and two upon a particular occasion to be sixteen, in all these cases they are wrong, and ought unequivocally to be censured for usurping an authority that does not belong to them. They ought to be told, "Gentlemen, you are not, as in the intoxication of power you have been led to imagine, omnipotent; there is an authority greater than yours, to which you are bound assiduously to conform yourselves." No man, if he were alone in the world, would have a right to make himself impotent or miserable.
So much for the active rights of man, which, if there be any cogency in the preceding arguments, are all of them superseded and rendered null by the superior claims of justice. His passive rights, when freed from the ambiguity that has arisen from the improper mixture and confounding of these two heads, will probably be found liable to little controversy.
In the first place, he is said to have a right to life and personal liberty. This proposition, if admitted, must be admitted with great limitation. He has no right to his life, when his duty calls him to resign it. Other men are bound (it would be improper in strictness of speech, upon the ground of the preceding explanations, to say they have a right) to deprive him of life or liberty, if that should appear in any case to be indispensably necessary to prevent a greater evil. The passive rights of man will be best understood from the following elucidation.
Every man has a certain sphere of discretion, which he has a right to expect shall not be infringed by his neighbors. This right flows from the very nature of man. First, all men are fallible: no man can be justified in setting up his judgment as a standard for others. We have no infallible judge of controversies; each man in his own apprehension is right in his decisions; and we can find no satisfactory mode of adjusting their jarring pretensions. If everyone be desirous of imposing his sense upon others, it will at last come to be a controversy, not of reason, but of force. Secondly, even if we had an in fallible criterion, nothing would be gained, unless it were by all men recognized as such. If I were secured against the possibility of mistake, mischief and not good would accrue, from imposing my infallible truths upon my neighbor, and requiring his submission independently of any conviction I could produce in his understanding. Man is a being who can never be an object of just approbation, any further than he is independent. He must consult his own reason, draw his own conclusions and conscientiously conform himself to his ideas of propriety. Without this, he will be neither active, nor considerate, nor resolute, nor generous.
For these two reasons it is necessary that every man should stand by himself, and rest upon his own understanding. For that purpose each must have his sphere of discretion. No man must encroach upon my province, nor I upon his. He may advise me, moderately and with out pertinaciousness, but he must not expect to dictate to me. He may censure me freely and without reserve; but he should remember that I am to act by my deliberation and not his. He may exercise a republican boldness in judging, but he must not be peremptory and imperious in prescribing. Force may never be resorted to but, in the most extraordinary and imperious emergency. I ought to exercise my talents for the benefit of others; but that exercise must be the fruit of my own conviction; no man must attempt to press me into the service. I ought to appropriate such part of the fruits of the earth as by an accident comes into my possession, and is not necessary to my benefit, to the use of others; but they must obtain it from me by argument and expostulation, not by violence. It is in this principle that what is commonly called the right of property is founded. Whatever then comes into my possession, without violence to any other man, or to the institutions of society, is my property. This property, it appears by the principles already laid down, I have no right to dispose of at my caprice; every shilling of it is appropriated by the laws of morality; but no man can be justified, in ordinary cases at least, in forcibly extorting it from me. When the laws of morality shall be clearly understood, their excellence universally apprehended, and themselves seen to be coincident with each man's private advantage, the idea of property in this sense will remain, but no man will have the least desire, for purposes of ostentation or luxury, to possess more than his neighbors.
A second branch of the passive rights of man consists in the right each man possesses to the assistance of his neighbor. This will be fully elucidated hereafter.3
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