Ch. XXVIII9. Civil Law the Measure of Crimes and Innocence.

Secondly, the CIVIL LAW—the rule set by the commonwealth to the actions of those who belong to it—is another rule to which men refer their actions; to judge whether they be criminal or no. This law nobody overlooks: the rewards and punishments that enforce it being ready at hand, and suitable to the power that makes it: which is the force of the Commonwealth, engaged to protect the lives, liberties, and possessions of those who live according to its laws, and has power to take away life, liberty, or goods, from him who disobeys; which is the punishment of offences committed against his law.

10. Philosophical Law the Measure of Virtue and Vice.

Thirdly, the LAW OF OPINION OR REPUTATION. Virtue and vice are names pretended and supposed everywhere to stand for actions in their own nature right and wrong: and as far as they really are so applied, they so far are coincident with the divine law above mentioned. But yet, whatever is pretended, this is visible, that these names, virtue and vice, in the particular instances of their application, through the several nations and societies of men in the world, are constantly attributed only to such actions as in each country and society are in reputation or discredit. Nor is it to be thought strange, that men everywhere should give the name of virtue to those actions, which amongst them are judged praiseworthy; and call that vice, which they account blamable: since otherwise they would condemn themselves, if they should think anything right, to which they allowed not commendation, anything wrong, which they let pass without blame. Thus the measure of what is everywhere called and esteemed virtue and vice is this approbation or dislike, praise or blame, which, by a secret and tacit consent, establishes itself in the several societies, tribes, and clubs of men in the world: whereby several actions come to find credit or disgrace amongst them, according to the judgment, maxims, or fashion of that place. For, though men uniting into politic societies, have resigned up to the public the disposing of all their force, so that they cannot employ it against any fellow-citizens any further than the law of the country directs: yet they retain still the power of thinking well or ill, approving or disapproving of the actions of those whom they live amongst, and converse with: and by this approbation and dislike they establish amongst themselves what they will call virtue and vice.

11. The Measure that Man commonly apply to determine what they call Virtue and Vice.

That this is the common MEASURE of virtue and vice, will appear to any one who considers, that, though that passes for vice in one country which is counted a virtue, or at least not vice, in another, yet everywhere virtue and praise, vice and blame, go together. Virtue is everywhere, that which is thought praiseworthy; and nothing else but that which has the allowance of public esteem is called virtue. Virtue and praise are so united, that they are called often by the same name. Sunt sua praemia laudi, says Virgil; and so Cicero, Nihil habet natura praestantius, quam honestatem, quam laudem, quam dignitatem, quam decus, which he tells you are all names for the same thing. This is the language of the heathen philosophers, who well understood wherein their notions of virtue and vice consisted. And though perhaps, by the different temper, education, fashion, maxims, or interest of different sorts of men, it fell out, that what was thought praiseworthy in one place, escaped not censure in another; and so in different societies, virtues and vices were changed; yet, as to the main, they for the most part kept the same everywhere. For, since nothing can be more natural than to encourage with esteem and reputation that wherein every one finds his advantage, and to blame and discountenance the contrary; it is no wonder that esteem and discredit, virtue and vice, should, in a great measure, everywhere correspond with the unchangeable rule of right and wrong, which the law of God hath established; there being nothing that so directly and visibly secures and advances the general good of mankind in this world, as obedience to the laws he had set them, and nothing that breeds such mischiefs and confusion, as the neglect of them. And therefore men, without renouncing all sense and reason, and their own interest, which they are so constantly true to, could not generally mistake, in placing their commendation and blame on that side that really deserved it not. Nay, even those men whose practice was otherwise, failed not to give their approbation right, few being depraved to that degree as not to condemn, at least in others, the faults they themselves were guilty of; whereby, even in the corruption of manners, the true boundaries of the law of nature, which ought to be the rule of virtue and vice, were pretty well preferred. So that even the exhortations of inspired teachers, have not feared to appeal to common repute: ‘Whatsoever is lovely, whatsoever is of good report, if there be any virtue, if there be any praise,’ &c. (Phil. iv. 8.)

12. Its Inforcement is Commendation and Discredit.

If any one shall imagine that I have forgot my own notion of a law, when I make the law, whereby men judge of virtue and vice, to be nothing else but the consent of private men, who have not authority enough to make a law: especially wanting that which is so necessary and essential to a law, a power to enforce it: I think I may say, that he who imagines commendation and disgrace not to be strong motives to men to accommodate themselves to the opinions and rules of those with whom they converse, seems little skilled in the nature or history of mankind: the greatest part whereof we shall find to govern themselves chiefly, if not solely, by this LAW OF FASHION; and so they do that which keeps them in reputation with their company, little regard the laws of God, or the magistrate. The penalties that attend the breach of God’s laws some, nay perhaps most men, seldom seriously reflect on: and amongst those that do, many, whilst they break the law, entertain thoughts of future reconciliation, and making their peace for such breaches. And as to the punishments due from the laws of the commonwealth, they frequently flatter themselves with the hopes of impunity. But no man escapes the punishment of their censure and dislike, who offends against the fashion and opinion of the company he keeps, and would recommend himself to. Nor is there one of ten thousand, who is stiff and insensible enough, to bear up under the constant dislike and condemnation of his own club. He must be of a strange and unusual constitution, who can content himself to live in constant disgrace and disrepute with his own particular society. Solitude many men have sought, and been reconciled to: but nobody that has the least thought or sense of a man about him, can live in society under the constant dislike and ill opinion of his familiars, and those he converses with. This is a burden too heavy for human sufferance: and he must be made up of irreconcileable contradictions, who can take pleasure in company, and yet be insensible of contempt and disgrace from his companions.

13. These three Laws the Rules of moral Good and Evil.

These three then, first, the law of God; secondly, the law of politic societies; thirdly, the law of fashion, or private censure, are those to which men variously compare their actions: and it is by their conformity to one of these laws that they take their measures, when they would judge of their moral rectitude, and denominate their actions good or bad.

14. Morality is the Relation of Voluntary Actions to these Rules.

Whether the rule to which, as to a touchstone, we bring our voluntary actions, to examine them by, and try their goodness, and accordingly to name them, which is, as it were, the mark of the value we set upon them: whether, I say, we take that rule from the fashion of the country, or the will of a law-maker, the mind is easily able to observe the relation any action hath to it, and to judge whether the action agrees or disagrees with the rule; and so hath a notion of moral goodness or evil, which is either conformity or not conformity of any action to that rule: and therefore is often called moral rectitude. This rule being nothing but a collection of several simple ideas, the conformity thereto is but so ordering the action, that the simple ideas belonging to it may correspond to those which the law requires. And thus we see how moral beings and notions are founded on, and terminated in, these simple ideas we have received from sensation or reflection. For example: let us consider the complex idea we signify by the word murder: and when we have taken it asunder, and examined all the particulars, we shall find them to amount to a collection of simple ideas derived from reflection or sensation, viz. First, from REFLECTION on the operations of our own minds, we have the ideas of willing, considering, purposing beforehand, malice, or wishing ill to another; and also of life, or perception, and self-motion. Secondly, from SENSATION we have the collection of those simple sensible ideas which are to be found in a man, and of some action, whereby we put an end to perception and motion in the man; all which simple ideas are comprehended in the word murder. This collection of simple ideas, being found by me to agree or disagree with the esteem of the country I have been bred in, and to be held by most men there worthy praise or blame, I call the action virtuous or vicious: if I have the will of a supreme invisible Lawgiver for my rule, then, as I supposed the action commanded or forbidden by God, I call it good or evil, sin or duty: and if I compare it to the civil law, the rule made by the legislative power of the country, I call it lawful or unlawful, a crime or no crime. So that whencesoever we take the rule of moral actions; or by what standard soever we frame in our minds the ideas of virtues or vices, they consist only, and are made up of collections of simple ideas, which we originally received from sense or reflection: and their rectitude or obliquity consists in the agreement or disagreement with those patterns prescribed by some law.