David Hume’s arguments

There are three different species of goods, which we are possess’d of; the internal satisfaction of our minds, the external advantages of our body, and the enjoyment of such possessions as we have acquir’d by our industry and good fortune. We are perfectly secure in the enjoyment of the first. The second may be ravish’d from us, but can be of no advantage to him who deprives us of them. The last only are both expos’d to the violence of others, and may be transferr’d without suffering [488]any loss or alteration; while at the same time, there is not a sufficient quantity of them to supply every one’s desires and necessities. As the improvement, therefore, of these goods is the chief advantage of society, so the instability of their possession, along with their scarcity, is the chief impediment.

In vain shou’d we expect to find, in uncultivated nature, a remedy to this inconvenience; or hope for any inartificial principle of the human mind, which might controul those partial affections, and make us overcome the temptations arising from our circumstances. The idea of justice can never serve to this purpose, or be taken for a natural principle, capable of inspiring men with an equitable conduct towards each other. That virtue, as it is now understood, wou’d never have been dream’d of among rude and savage men. For the notion of injury or injustice implies an immorality or vice committed against some other person: And as every immorality is deriv’d from some defect or unsoundness of the passions, and as this defect must be judg’d of, in a great measure, from the ordinary course of nature in the constitution of the mind; ’twill be easy to know, whether we be guilty of any immorality, with regard to others, by considering the natural, and usual force of those several affections, which are directed towards them. Now it appears, that in the original frame of our mind, our strongest attention is confin’d to ourselves; our next is extended to our relations and acquaintance; and ’tis only the weakest which reaches to strangers and indifferent persons. This partiality, then, and unequal affection, must not only have an influence on our behaviour and conduct in society, but even on our ideas of vice and virtue; so as to make us regard any remarkable transgression of such a degree of partiality, either by too great an enlargement, or contraction of the affections, as vicious and immoral. This we may observe in our common judgments concerning actions, where we blame a person, who either centers all his affections in his family, or [489]is so regardless of them, as, in any opposition of interest, to give the preference to a stranger, or mere chance acquaintance. From all which it follows, that our natural uncultivated ideas of morality, instead of providing a remedy for the partiality of our affections, do rather conform themselves to that partiality, and give it an additional force and influence.

The remedy, then, is not deriv’d from nature, but from artifice; or more properly speaking, nature provides a remedy in the judgment and understanding, for what is irregular and incommodious in the affections. For when men, from their early education in society, have become sensible of the infinite advantages that result from it, and have besides acquir’d a new affection to company and conversation; and when they have observ’d, that the principal disturbance in society arises from those goods, which we call external, and from their looseness and easy transition from one person to another; they must seek for a remedy, by putting these goods, as far as possible, on the same footing with the fix’d and constant advantages of the mind and body. This can be done after no other manner, than by a convention enter’d into by all the members of the society to bestow stability on the possession of those external goods, and leave every one in the peaceable enjoyment of what he may acquire by his fortune and industry. By this means, every one knows what he may safely possess; and the passions are restrain’d in their partial and contradictory motions. Nor is such a restraint contrary to these passions; for if so, it cou’d never be enter’d into, nor maintain’d; but it is only contrary to their heedless and impetuous movement. Instead of departing from our own interest, or from that of our nearest friends, by abstaining from the possessions of others, we cannot better consult both these interests, than by such a convention; because it is by that means we maintain society, which is so necessary to their well-being and subsistence, as well as to our own.

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This convention is not of the nature of a promise: For even promises themselves, as we shall see afterwards, arise from human conventions. It is only a general sense of common interest; which sense all the members of the society express to one another, and which induces them to regulate their conduct by certain rules. I observe, that it will be for my interest to leave another in the possession of his goods, provided he will act in the same manner with regard to me. He is sensible of a like interest in the regulation of his conduct. When this common sense of interest is mutually express’d, and is known to both, it produces a suitable resolution and behaviour. And this may properly enough be call’d a convention or agreement betwixt us, tho’ without the interposition of a promise; since the actions of each of us have a reference to those of the other, and are perform’d upon the supposition, that something is to be perform’d on the other part. Two men, who pull the oars of a boat, do it by an agreement or convention, tho’ they have never given promises to each other. Nor is the rule concerning the stability of possession the less deriv’d from human conventions, that it arises gradually, and acquires force by a slow progression, and by our repeated experience of the inconveniences of transgressing it. On the contrary, this experience assures us still more, that the sense of interest has become common to all our fellows, and gives us a confidence of the future regularity of their conduct: And ’tis only on the expectation of this, that our moderation and abstinence are founded. In like manner are languages gradually establish’d by human conventions without any promise. In like manner do gold and silver become the common measures of exchange, and are esteem’d sufficient payment for what is of a hundred times their value.

After this convention, concerning abstinence from the possessions of others, is enter’d into, and every one has acquir’d a stability in his possessions, there immediately arise the ideas of justice and injustice; as also those of property, [491]right, and obligation. The latter are altogether unintelligible without first understanding the former. Our property is nothing but those goods, whose constant possession is establish’d by the laws of society; that is, by the laws of justice. Those, therefore, who make use of the words property, or right, or obligation, before they have explain’d the origin of justice, or even make use of them in that explication, are guilty of a very gross fallacy, and can never reason upon any solid foundation. A man’s property is some object related to him. This relation is not natural, but moral, and founded on justice. ’Tis very preposterous, therefore, to imagine, that we can have any idea of property, without fully comprehending the nature of justice, and shewing its origin in the artifice and contrivance of men. The origin of justice explains that of property. The same artifice gives rise to both. As our first and most natural sentiment of morals is founded on the nature of our passions, and gives the preference to ourselves and friends, above strangers; ’tis impossible there can be naturally any such thing as a fix’d right or property, while the opposite passions of men impel them in contrary directions, and are not restrain’d by any convention or agreement.

No one can doubt, that the convention for the distinction of property, and for the stability of possession, is of all circumstances the most necessary to the establishment of human society, and that after the agreement for the fixing and observing of this rule, there remains little or nothing to be done towards settling a perfect harmony and concord. All the other passions, beside this of interest, are either easily restrain’d, or are not of such pernicious consequence, when indulg’d. Vanity is rather to be esteem’d a social passion, and a bond of union among men. Pity and love are to be consider’d in the same light. And as to envy and revenge, tho’ pernicious, they operate only by intervals, and are directed against particular persons, whom we consider as our superiors or enemies. This avidity alone, of acquiring [492]goods and possessions for ourselves and our nearest friends, is insatiable, perpetual, universal, and directly destructive of society. There scarce is any one, who is not actuated by it; and there is no one, who has not reason to fear from it, when it acts without any restraint, and gives way to its first and most natural movements. So that upon the whole, we are to esteem the difficulties in the establishment of society, to be greater or less, according to those we encounter in regulating and restraining this passion.

’Tis certain, that no affection of the human mind has both a sufficient force, and a proper direction to counter-balance the love of gain, and render men fit members of society, by making them abstain from the possessions of others. Benevolence to strangers is too weak for this purpose; and as to the other passions, they rather inflame this avidity, when we observe, that the larger our possessions are, the more ability we have of gratifying all our appetites. There is no passion, therefore, capable of controlling the interested affection, but the very affection itself, by an alteration of its direction. Now this alteration must necessarily take place upon the least reflection; since ’tis evident, that the passion is much better satisfy’d by its restraint, than by its liberty, and that in preserving society, we make much greater advances in the acquiring possessions, than in the solitary and forlorn condition, which must follow upon violence and an universal licence. The question, therefore, concerning the wickedness or goodness of human nature, enters not in the least into that other question concerning the origin of society; nor is there any thing to be consider’d but the degrees of men’s sagacity or folly. For whether the passion of self-interest be esteemed vicious or virtuous, ’tis all a case; since itself alone restrains it: So that if it be virtuous, men become social by their virtue; if vicious, their vice has the same effect.

Now as ’tis by establishing the rule for the stability of [493]possession, that this passion restrains itself; if that rule be very abstruse, and of difficult invention; society must be esteem’d, in a manner, accidental, and the effect of many ages. But if it be found, that nothing can be more simple and obvious than that rule; that every parent, in order to preserve peace among his children, must establish it; and that these first rudiments of justice must every day be improv’d, as the society enlarges: If all this appear evident, as it certainly must, we may conclude, that ’tis utterly impossible for men to remain any considerable time in that savage condition, which precedes society; but that his very first state and situation may justly be esteem’d social. This, however, hinders not, but that philosophers may, if they please, extend their reasoning to the suppos’d state of nature; provided they allow it to be a mere philosophical fiction, which never had, and never cou’d have any reality. Human nature being compos’d of two principal parts, which are requisite in all its actions, the affections and understanding; ’tis certain, that the blind motions of the former, without the direction of the latter, incapacitate men for society: And it may be allow’d us to consider separately the effects, that result from the separate operations of these two component parts of the mind. The same liberty may be permitted to moral, which is allow’d to natural philosophers; and ’tis very usual with the latter to consider any motion as compounded and consisting of two parts separate from each other, tho’ at the same time they acknowledge it to be in itself uncompounded and inseparable.

This state of nature, therefore, is to be regarded as a mere fiction, not unlike that of the golden age, which poets have invented; only with this difference, that the former is describ’d as full of war, violence and injustice; whereas the latter is painted out to us, as the most charming and most peaceable condition, that can possibly be imagin’d. The seasons, in that first age of nature, were so temperate, if we may believe the poets, that there was no necessity for men to provide themselves [494]with cloaths and houses as a security against the violence of heat and cold. The rivers flow’d with wine and milk: The oaks yielded honey; and nature spontaneously produc’d her greatest delicacies. Nor were these the chief advantages of that happy age. The storms and tempests were not alone remov’d from nature; but those more furious tempests were unknown to human breasts, which now cause such uproar, and engender such confusion. Avarice, ambition, cruelty, selfishness, were never heard of: Cordial affection, compassion, sympathy, were the only movements, with which the human mind was yet acquainted. Even the distinction of mine and thine was banish’d from that happy race of mortals, and carry’d with them the very notions of property and obligation, justice and injustice.

This, no doubt, is to be regarded as an idle fiction; but yet deserves our attention, because nothing can more evidently shew the origin of those virtues, which are the subjects of our present enquiry. I have already observ’d, that justice takes its rise from human conventions; and that these are intended as a remedy to some inconveniences, which proceed from the concurrence of certain qualities of the human mind with the situation of external objects. The qualities of the mind are selfishness and limited generosity: And the situation of external objects is their easy change, join’d to their scarcity in comparison of the wants and desires of men. But however philosophers may have been bewilder’d in those speculations, poets have been guided more infallibly, by a certain taste or common instinct, which in most kinds of reasoning goes farther than any of that art and philosophy, with which we have been yet acquainted. They easily perceiv’d, if every man had a tender regard for another, or if nature supplied abundantly all our wants and desires, that the jealousy of interest, which justice supposes, could no longer have place; nor would there be any occasion for those distinctions and limits of property and possession, which at present are in use among mankind. Encrease to a sufficient degree the benevolence [495]of men, or the bounty of nature, and you render justice useless, by supplying its place with much nobler virtues, and more valuable blessings. The selfishness of men is animated by the few possessions we have, in proportion to our wants; and ’tis to restrain this selfishness, that men have been oblig’d to separate themselves from the community, and to distinguish betwixt their own goods and those of others.

Nor need we have recourse to the fictions of poets to learn this; but beside the reason of the thing, may discover the same truth by common experience and observation. ’Tis easy to remark, that a cordial affection renders all things common among friends; and that married people in particular mutually lose their property, and are unacquainted with the mine and thine, which are so necessary, and yet cause such disturbance in human society. The same effect arises from any alteration in the circumstances of mankind; as when there is such a plenty of any thing as satisfies all the desires of men: In which case the distinction of property is entirely lost, and every thing remains in common. This we may observe with regard to air and water, tho’ the most valuable of all external objects; and may easily conclude, that if men were supplied with every thing in the same abundance, or if every one had the same affection and tender regard for every one as for himself; justice and injustice would be equally unknown among mankind.

Here then is a proposition, which, I think, may be regarded as certain, that ’tis only from the selfishness and confin’d generosity of men, along with the scanty provision nature has made for his wants, that justice derives its origin. If we look backward we shall find, that this proposition bestows an additional force on some of those observations, which we have already made on this subject.

First, we may conclude from it, that a regard to public interest, or a strong extensive benevolence, is not our first and original motive for the observation of the rules of justice; [496]since ’tis allow’d, that if men were endow’d with such a benevolence, these rules would never have been dreamt of.

Secondly, we may conclude from the same principle, that the sense of justice is not founded on reason, or on the discovery of certain connexions and relations of ideas, which are eternal, immutable, and universally obligatory. For since it is confest, that such an alteration as that above-mention’d, in the temper and circumstances of mankind, wou’d entirely alter our duties and obligations, ’tis necessary upon the common system, that the sense of virtue is deriv’d from reason, to shew the change which this must produce in the relations and ideas. But ’tis evident, that the only cause, why the extensive generosity of man, and the perfect abundance of every thing, wou’d destroy the very idea of justice, is because they render it useless; and that, on the other hand, his confin’d benevolence, and his necessitous condition, give rise to that virtue, only by making it requisite to the publick interest, and to that of every individual. ’Twas therefore a concern for our own, and the publick interest, which made us establish the laws of justice; and nothing can be more certain, than that it is not any relation of ideas, which gives us this concern, but our impressions and sentiments, without which every thing in nature is perfectly indifferent to us, and can never in the least affect us. The sense of justice, therefore, is not founded on our ideas, but on our impressions.

Thirdly, we may farther confirm the foregoing proposition, that those impressions, which give rise to this sense of justice, are not natural to the mind of man, but arise from artifice and human conventions. For since any considerable alteration of temper and circumstances destroys equally justice and injustice; and since such an alteration has an effect only by changing our own and the publick interest; it follows, that the first establishment of the rules of justice depends on these different interests. But if men pursu’d the publick interest naturally, and with a hearty affection, they wou’d never have dream’d of restraining each other by these rules; [497]and if they pursu’d their own interest, without any precaution, they wou’d run head-long into every kind of injustice and violence. These rules, therefore, are artificial, and seek their end in an oblique and indirect manner; nor is the interest, which gives rise to them, of a kind that cou’d be pursu’d by the natural and inartificial passions of men.

To make this more evident, consider, that tho’ the rules of justice are establish’d merely by interest, their connexion with interest is somewhat singular, and is different from what may be observ’d on other occasions. A single act of justice is frequently contrary to public interest; and were it to stand alone, without being follow’d by other acts, may, in itself, be very prejudicial to society. When a man of merit, of a beneficent disposition, restores a great fortune to a miser, or a seditious bigot, he has acted justly and laudably, but the public is a real sufferer. Nor is every single act of justice, consider’d apart, more conducive to private interest, than to public; and ’tis easily conceiv’d how a man may impoverish himself by a signal instance of integrity, and have reason to wish, that with regard to that single act, the laws of justice were for a moment suspended in the universe. But however single acts of justice may be contrary, either to public or private interest, ’tis certain, that the whole plan or scheme is highly conducive, or indeed absolutely requisite, both to the support of society, and the well-being of every individual. ’Tis impossible to separate the good from the ill. Property must be stable, and must be fix’d by general rules. Tho’ in one instance the public be a sufferer, this momentary ill is amply compensated by the steady prosecution of the rule, and by the peace and order, which it establishes in society. And even every individual person must find himself a gainer, on ballancing the account; since, without justice, society must immediately dissolve, and every one must fall into that savage and solitary condition, which is infinitely worse than the worse situation that can possibly be suppos’d in society. When therefore men have [498]had experience enough to observe, that whatever may be the consequence of any single act of justice, perform’d by a single person, yet the whole system of actions, concurr’d in by the whole society, is infinitely advantageous to the whole, and to every part; it is not long before justice and property take place. Every member of society is sensible of this interest: Every one expresses this sense to his fellows, along with the resolution he has taken of squaring his actions by it, on condition that others will do the same. No more is requisite to induce any one of them to perform an act of justice, who has the first opportunity. This becomes an example to others. And thus justice establishes itself by a kind of convention or agreement; that is, by a sense of interest, suppos’d to be common to all, and where every single act is perform’d in expectation that others are to perform the like. Without such a convention, no one wou’d ever have dream’d, that there was such a virtue as justice, or have been induc’d to conform his actions to it. Taking any single act, my justice may be pernicious in every respect; and ’tis only upon the supposition, that others are to imitate my example, that I can be induc’d to embrace that virtue; since nothing but this combination can render justice advantageous, or afford me any motives to conform my self to its rules.

We come now to the second question we propos’d, viz. Why we annex the idea of virtue to justice, and of vice to injustice. This question will not detain us long after the principles, which we have already establish’d. All we can say of it at present will be dispatch’d in a few words: And for farther satisfaction, the reader must wait till we come to the third part of this book. The natural obligation to justice, viz. interest, has been fully explain’d; but as to the moral obligation, or the sentiment of right and wrong, ’twill first be requisite to examine the natural virtues, before we can give a full and satisfactory account of it.

After men have found by experience, that their selfishness [499]and confin’d generosity, acting at their liberty, totally incapacitate them for society; and at the same time have observ’d, that society is necessary to the satisfaction of those very passions, they are naturally induc’d to lay themselves under the restraint of such rules, as may render their commerce more safe and commodious. To the imposition then, and observance of these rules, both in general, and in every particular instance, they are at first induc’d only by a regard to interest; and this motive, on the first formation of society, is sufficiently strong and forcible. But when society has become numerous, and has encreas’d to a tribe or nation, this interest is more remote; nor do men so readily perceive, that disorder and confusion follow upon every breach of these rules, as in a more narrow and contracted society. But tho’ in our own actions we may frequently lose sight of that interest, which we have in maintaining order, and may follow a lesser and more present interest, we never fail to observe the prejudice we receive, either mediately or immediately, from the injustice of others; as not being in that case either blinded by passion, or byass’d by any contrary temptation. Nay when the injustice is so distant from us, as no way to affect our interest, it still displeases us; because we consider it as prejudicial to human society, and pernicious to every one that approaches the person guilty of it. We partake of their uneasiness by sympathy; and as every thing, which gives uneasiness in human actions, upon the general survey, is call’d Vice, and whatever produces satisfaction, in the same manner, is denominated Virtue; this is the reason why the sense of moral good and evil follows upon justice and injustice. And tho’ this sense, in the present case, be deriv’d only from contemplating the actions of others, yet we fail not to extend it even to our own actions. The general rule reaches beyond those instances, from which it arose; while at the same time we naturally sympathize with others in the sentiments they entertain of us. Thus self-interest is the original motive to the establishment of justice: but a sympathy [500]with public interest is the source of the moral approbation, which attends that virtue.

Tho’ this progress of the sentiments be natural, and even necessary, ’tis certain, that it is here forwarded by the artifice of politicians, who, in order to govern men more easily, and preserve peace in human society, have endeavour’d to produce an esteem for justice, and an abhorrence of injustice. This, no doubt, must have its effect; but nothing can be more evident, than that the matter has been carry’d too far by certain writers on morals, who seem to have employ’d their utmost efforts to extirpate all sense of virtue from among mankind. Any artifice of politicians may assist nature in the producing of those sentiments, which she suggests to us, and may even on some occasions, produce alone an approbation or esteem for any particular action; but ’tis impossible it should be the sole cause of the distinction we make betwixt vice and virtue. For if nature did not aid us in this particular, ’twou’d be in vain for politicians to talk of honourable or dishonourable, praiseworthy or blameable. These words wou’d be perfectly unintelligible, and wou’d no more have any idea annex’d to them, than if they were of a tongue perfectly unknown to us. The utmost politicians can perform, is, to extend the natural sentiments beyond their original bounds; but still nature must furnish the materials, and give us some notion of moral distinctions.

As publick praise and blame encrease our esteem for justice; so private education and instruction contribute to the same effect. For as parents easily observe, that a man is the more useful, both to himself and others, the greater degree of probity and honour he is endow’d with; and that those principles have greater force, when custom and education assist interest and reflexion: For these reasons they are induc’d to inculcate on their children, from their earliest infancy, the principles of probity, and teach them to regard the observance of those rules, by which society is maintain’d, as worthy and honourable, and their violation as base and [501]infamous. By this means the sentiments of honour may take root in their tender minds, and acquire such firmness and solidity, that they may fall little short of those principles, which are the most essential to our natures, and the most deeply radicated in our internal constitution.

What farther contributes to encrease their solidity, is the interest of our reputation, after the opinion, that a merit or demerit attends justice or injustice, is once firmly establish’d among mankind. There is nothing, which touches us more nearly than our reputation, and nothing on which our reputation more depends than our conduct, with relation to the property of others. For this reason, every one, who has any regard to his character, or who intends to live on good terms with mankind, must fix an inviolable law to himself, never, by any temptation, to be induc’d to violate those principles, which are essential to a man of probity and honour.

I shall make only one observation before I leave this subject, viz. that tho’ I assert, that in the state of nature, or that imaginary state, which preceded society, there be neither justice nor injustice, yet I assert not, that it was allowable, in such a state, to violate the property of others. I only maintain, that there was no such thing as property; and consequently cou’d be no such thing as justice or injustice. I shall have occasion to make a similar reflexion with regard to promises, when I come to treat of them; and I hope this reflexion, when duly weigh’d, will suffice to remove all odium from the foregoing opinions, with regard to justice and injustice.

SECTION III.: Of the rules, which determine property.

Tho’ the establishment of the rule, concerning the stability of possession, be not only useful, but even absolutely necessary to human society, it can never serve to any purpose. [502]while it remains in such general terms. Some method must be shewn, by which we may distinguish what particular goods are to be assign’d to each particular person, while the rest of mankind are excluded from their possession and enjoyment. Our next business, then, must be to discover the reasons which modify this general rule, and fit it to the common use and practice of the world.

’Tis obvious, that those reasons are not deriv’d from any utility or advantage, which either the particular person or the public may reap from his enjoyment of any particular goods, beyond what wou’d result from the possession of them by any other person. ’Twere better, no doubt, that every one were possess’d of what is most suitable to him, and proper for his use: But besides, that this relation of fitness may be common to several at once, ’tis liable to so many controversies, and men are so partial and passionate in judging of these controversies, that such a loose and uncertain rule wou’d be absolutely incompatible with the peace of human society. The convention concerning the stability of possession is enter’d into, in order to cut off all occasions of discord and contention; and this end wou’d never be attain’d, were we allow’d to apply this rule differently in every particular case, according to every particular utility, which might be discover’d in such an application. Justice, in her decisions, never regards the fitness or unfitness of objects to particular persons, but conducts herself by more extensive views. Whether a man be generous, or a miser, he is equally well receiv’d by her, and obtains with the same facility a decision in his favour, even for what is entirely useless to him.

It follows, therefore, that the general rule, that possession must be stable, is not apply’d by particular judgments, but by other general rules, which must extend to the whole society, and be inflexible either by spite or favour. To illustrate this, I propose the following instance. I first consider men in their savage and solitary condition; and suppose, that [503]being sensible of the misery of that state, and foreseeing the advantages that wou’d result from society, they seek each other’s company, and make an offer of mutual protection and assistance. I also suppose, that they are endow’d with such sagacity as immediately to perceive, that the chief impediment to this project of society and partnership lies in the avidity and selfishness of their natural temper; to remedy which, they enter into a convention for the stability of possession, and for mutual restraint and forbearance. I am sensible, that this method of proceeding is not altogether natural; but besides that I here only suppose those reflexions to be form’d at once, which in fact arise insensibly and by degrees; besides this, I say, ’tis very possible, that several persons, being by different accidents separated from the societies, to which they formerly belong’d, may be oblig’d to form a new society among themselves; in which case they are entirely in the situation above-mention’d.

’Tis evident, then, that their first difficulty, in this situation, after the general convention for the establishment of society, and for the constancy of possession, is, how to separate their possessions, and assign to each his particular portion, which he must for the future inalterably enjoy. This difficulty will not detain them long; but it must immediately occur to them, as the most natural expedient, that every one continue to enjoy what he is at present master of, and that property or constant possession be conjoin’d to the immediate possession. Such is the effect of custom, that it not only reconciles us to any thing we have long enjoy’d, but even gives us an affection for it, and makes us prefer it to other objects, which may be more valuable, but are less known to us. What has long lain under our eye, and has often been employ’d to our advantage, that we are always the most unwilling to part with; but can easily live without possessions, which we never have enjoy’d, and are not accustom’d to. ’Tis evident, therefore, that men wou’d easily acquiesce in this expedient, that every one continue to enjoy what he is at present possess’d [504]of; and this is the reason, why they wou’d so naturally agree in preferring it1.

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But we may observe, that tho’ the rule of the assignment of property to the present possessor be natural, and by that means useful, yet its utility extends not beyond the first formation of society; nor wou’d any thing be more pernicious, than the constant observance of it; by which restitution wou’d be excluded, and every injustice wou’d be authoriz’d and rewarded. We must, therefore, seek for some other circumstance, that may give rise to property after society is once establish’d; and of this kind, I find four most considerable, viz. Occupation, Prescription, Accession, and Succession. We shall briefly examine each of these, beginning with Occupation.

The possession of all external goods is changeable and uncertain; which is one of the most considerable impediments to the establishment of society, and is the reason why, by universal agreement, express or tacite, men restrain themselves by what we now call the rules of justice and equity. The misery of the condition, which precedes this restraint, is the cause why we submit to that remedy as quickly as possible; and this affords us an easy reason, why we annex the idea of property to the first possession, or to occupation. Men are unwilling to leave property in suspence, even for the shortest time, or open the least door to violence and disorder. To which we may add, that the first possession always engages the attention most; and did we neglect it, there wou’d be no colour of reason for assigning property to any succeeding possession1.

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There remains nothing, but to determine exactly, what is meant by possession; and this is not so easy as may at first sight be imagin’d. We are said to be in possession of any thing, not only when we immediately touch it, but also when we are so situated with respect to it, as to have it in our power to use it; and may move, alter, or destroy it, according to our present pleasure or advantage. This relation, then, is a species of cause and effect; and as property is nothing but a stable possession, deriv’d from the rules of justice, or the conventions of men, ’tis to be consider’d as the same species of relation. But here we may observe, that as the power of using any object becomes more or less certain, according as the interruptions we may meet with are more or less probable; and as this probability may increase by insensible degrees; ’tis in many cases impossible to determine when possession begins or ends; nor is there any certain standard, by which we can decide such controversies. A wild boar, that falls into our snares, is deem’d to be in our possession, if it be impossible for him to escape. But what do we mean by impossible? How do we separate this impossibility from an improbability? And how distinguish that exactly from a probability? Mark the precise limits of the one and the other, and shew the standard, by which we may decide all disputes that may arise, and, as we find by experience, frequently do arise upon this subject1.

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But such disputes may not only arise concerning the real existence of property and possession, but also concerning their extent; and these disputes are often susceptible of no decision, or can be decided by no other faculty than the imagination. A person who lands on the shore of a small island, that is desart and uncultivated, is deem’d its possessor from the very first moment, and acquires the property of the whole; because the object is there bounded and circumscrib’d in the fancy, and at the same time is proportion’d to the new possessor. The same person landing on a desart island, as large as Great Britain, extends his property no farther than his immediate possession; tho’ a numerous colony are esteem’d the proprietors of the whole from the instant of their debarkment.

But it often happens, that the title of first possession becomes obscure thro’ time; and that ’tis impossible to determine many controversies, which may arise concerning [508]it. In that case long possession or prescription naturally takes place, and gives a person a sufficient property in any thing he enjoys. The nature of human society admits not of any great accuracy; nor can we always remount to the first origin of things, in order to determine their present condition. Any considerable space of time sets objects at such a distance, that they seem, in a manner, to lose their reality, and have as little influence on the mind, as if they never had been in being. A man’s title, that is clear and certain at present, will seem obscure and doubtful fifty years hence, even tho’ the facts, on which it is founded, shou’d be prov’d with the greatest evidence and certainty. The same facts have not the same influence after so long an interval of time. And this may be receiv’d as a convincing argument for our preceding doctrine with regard to property and justice. Possession during a long tract of time conveys a title to any object. But as ’tis certain, that, however every [509]thing be produc’d in time, there is nothing real, that is produc’d by time; it follows, that property being produc’d by time, is not any thing real in the objects, but is the offspring of the sentiments, on which alone time is found to have any influence1.

We acquire the property of objects by accession, when they are connected in an intimate manner with objects that are already our property, and at the same time are inferior to them. Thus the fruits of our garden, the offspring of our cattle, and the work of our slaves, are all of them esteem’d our property, even before possession. Where objects are connected together in the imagination, they are apt to be put on the same footing, and are commonly suppos’d to be endow’d with the same qualities. We readily pass from one to the other, and make no difference in our judgments concerning them; especially if the latter be inferior to the former2.

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The right of succession is a very natural one, from the presum’d consent of the parent or near relation, and from the general interest of mankind, which requires, that men’s possession shou’d pass to those, who are dearest to them, in [511]order to render them more industrious and frugal. Perhaps these causes are seconded by the influence of relation, or the association of ideas, by which we are naturally directed to consider the son after the parent’s decease, and ascribe to [512]him a title to his father’s possessions. Those goods must become the property of some body: But of whom is the question. Here ’tis evident the persons children naturally present themselves to the mind; and being already connected [513]to those possessions by means of their deceas’d parent, we are apt to connect them still farther by the relation of property. Of this there are many parallel instances1.