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The Theory of Moral Sentiments - Adam Smith [230]

By Root 1421 0
and be the foundation of the laws of all nations. But though the reasonings of lawyers did produce something of this kind, and though no man has treated systematically of the laws of any particular country, without intermixing in his work many observations of this sort; it was very late in the world before any such general system was thought of, or before the philosophy of law was treated of by itself, and without regard to the particular institutions of any one nation. In none of the ancient moralists, do we find any attempt towards a particular enumeration of the rules of justice. Cicero in his Offices, and Aristotle in his Ethics, treat of justice in the same general manner in which they treat of all the other virtues.15 In the laws of Cicero and Plato, where we might naturally have expected some attempts towards an enumeration of those rules of natural equity, which ought to be enforced by the positive laws of every country, there is, however, nothing of this kind. Their laws are laws of police, not of justice.16 Grotius seems to have been the first who attempted to give the world any thing like a system of those principles which ought to run through, and be the foundation of the laws of all nations; and his treatise of the laws of war and peace, with all its imperfections, is perhaps at this day the most complete work that has yet been given upon this subject.17 I shall in another discourse endeavour to give an account of the general principles of law and government, and of the different revolutions they have undergone in the different ages and periods of society, not only in what concerns justice, but in what concerns police, revenue, and arms, and whatever else is the object of law. I shall not, therefore, at present enter into any further detail concerning the history of jurisprudence.

THE END.

CONSIDERATIONS


CONCERNING THE FIRST FORMATION OF LANGUAGES, AND THE DIFFERENT GENIUS OF ORIGINAL AND COMPOUNDED LANGUAGES.

CONSIDERATIONS

CONCERNING THE FIRST FORMATION OF LANGUAGES, & C.1

The assignation of particular names, to denote particular objects, that is, the institution of nouns substantive, would probably, be one of the first steps towards the formation of language.2 Two savages, who had never been taught to speak, but had been bred up remote from the societies of men, would naturally begin to form that language by which they would endeavour to make their mutual wants intelligible to each other, by uttering certain sounds, whenever they meant to denote certain objects. Those objects only which were most familiar to them, and which they had most frequent occasion to mention, would have particular names assigned to them. The particular cave whose covering sheltered them from the weather, the particular tree whose fruit relieved their hunger, the particular fountain whose water allayed their thirst, would first be denominated by the words cave, tree, fountain, or by whatever other appellations they might think proper, in that primitive jargon, to mark them. Afterwards, when the more enlarged experience of these savages had led them to observe, and their necessary occasions obliged them to make mention of other caves, and other trees, and other fountains, they would naturally bestow, upon each of those new objects, the same name, by which they had been accustomed to express the similar object they were first acquainted with. The new objects had none of them any name of its own, but each of them exactly resembled another object, which had such an appellation. It was impossible that those savages could behold the new objects, without recollecting the old ones; and the name of the old ones, to which the new bore so close a resemblance. When they had occasion, therefore, to mention, or to point out to each other, any of the new objects, they would naturally utter the name of the correspondent old one, of which the idea could not fail, at that instant, to present itself to their memory in the strongest and liveliest manner. And thus, those words, which were originally the proper names of individuals,

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