A concession thus extorted, in opposition
to systems, has more authority than if it had been made in
prosecution of them.
What other reason, indeed, could writers ever give, why this must
be MINE and that YOURS; since uninstructed nature surely never
made any such distinction? The objects which receive those
appellations are, of themselves, foreign to us; they are totally
disjoined and separated from us; and nothing but the general
interests of society can form the connexion.
Sometimes the interests of society may require a rule of justice
in a particular case; but may not determine any particular rule,
among several, which are all equally beneficial. In that case,
the slightest analogies are laid hold of, in order to prevent
that indifference and ambiguity, which would be the source of
perpetual dissension. Thus possession alone, and first
possession, is supposed to convey property, where no body else
has any preceding claim and pretension. Many of the reasonings of
lawyers are of this analogical nature, and depend on very slight
connexions of the imagination.
Does any one scruple, in extraordinary cases, to violate all
regard to the private property of individuals, and sacrifice to
public interest a distinction which had been established for the
sake of that interest? The safety of the people is the supreme
law: All other particular laws are subordinate to it, and
dependent on it: And if, in the COMMON course of things, they be
followed and regarded; it is only because the public safety and
interest COMMONLY demand so equal and impartial an
administration.
Pages:
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58