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The Theory of Moral Sentiments - Adam Smith [61]

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in a peculiar manner tied, bound, and obliged to the observation of justice.2 We feel, that is to say, that force may, with the utmost propriety, and with the approbation of all mankind, be made use of to constrain us to observe the rules of the one, but not to follow the precepts of the other.

We must always, however, carefully distinguish what is only blameable, or the proper object of disapprobation, from what force may be employed either to punish or to prevent. That seems blameable which falls short of that ordinary degree of proper beneficence which experience teaches us to expect of every body; and, on the contrary, that seems praise-worthy which goes beyond it. The ordinary degree itself seems neither blameable nor praiseworthy. A father, a son, a brother, who behaves to the correspondent relation neither better nor worse than the greater part of men commonly do, seems properly to deserve neither praise nor blame. He who surprises us by extraordinary and unexpected, though still proper and suitable kindness, or on the contrary by extraordinary and unexpected, as well as unsuitable unkindness, seems praise-worthy in the one case, and blameable in the other.

Even the most ordinary degree of kindness or beneficence, however, cannot, among equals, be extorted by force. Among equals each individual is naturally, and antecedent to the institution of civil government, regarded as having a right both to defend himself from injuries, and to exact a certain degree of punishment for those which have been done to him. Every generous spectator not only approves of his conduct when he does this, but enters so far into his sentiments as often to be willing to assist him. When one man attacks, or robs, or attempts to murder another, all the neighbours take the alarm, and think that they do right when they run, either to revenge the person who has been injured, or to defend him who is in danger of being so. But when a father fails in the ordinary degree of parental affection towards a son; when a son seems to want that filial reverence which might be expected to his father; when brothers are without the usual degree of brotherly affection; when a man shuts his breast against compassion, and refuses to relieve the misery of his fellow-creatures, when he can with the greatest ease; in all these cases, though every body blames the conduct, nobody imagines that those who might have reason, perhaps, to expect more kindness, have any right to extort it by force. The sufferer can only complain, and the spectator can intermeddle no other way than by advice and persuasion. Upon all such occasions, for equals to use force against one another, would be thought the highest degree of insolence and presumption.

A superior may, indeed, sometimes, with universal approbation, oblige those under his jurisdiction to behave, in this respect, with a certain degree of propriety to one another. The laws of all civilized nations oblige parents to maintain their children, and children to maintain their parents, and impose upon men many other duties of beneficence. The civil magistrate is entrusted with the power not only of preserving the public peace by restraining injustice, but of promoting the prosperity of the commonwealth, by establishing good discipline, and by discouraging every sort of vice and impropriety; he may prescribe rules, therefore, which not only prohibit mutual injuries among fellow-citizens, but command mutual good offices to a certain degree. When the sovereign commands what is merely indifferent, and what, antecedent to his orders, might have been omitted without any blame, it becomes not only blameable but punishable to disobey him. When he commands, therefore, what, antecedent to any such order, could not have been omitted without the greatest blame, it surely becomes much more punishable to be wanting in obedience. Of all the duties of a law-giver, however, this, perhaps, is that which it requires the greatest delicacy and reserve to execute with propriety and judgment. To neglect it altogether exposes the commonwealth to many

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