Father Malebranche, as far as I can learn, was
the first that started this abstract theory of morals, which was
afterwards adopted by Cudworth, Clarke, and others; and as it
excludes all sentiment, and pretends to found everything on
reason, it has not wanted followers in this philosophic age. See
Section I, Appendix I. With regard to justice, the virtue here
treated of, the inference against this theory seems short and
conclusive. Property is allowed to be dependent on civil laws;
civil laws are allowed to have no other object, but the interest
of society: This therefore must be allowed to be the sole
foundation of property and justice. Not to mention, that our
obligation itself to obey the magistrate and his laws is founded
on nothing but the interests of society.
If the ideas of justice, sometimes, do not follow the
dispositions of civil law; we shall find, that these cases,
instead of objections, are confirmations of the theory delivered
above. Where a civil law is so perverse as to cross all the
interests of society, it loses all its authority, and men judge
by the ideas of natural justice, which are conformable to those
interests. Sometimes also civil laws, for useful purposes,
require a ceremony or form to any deed; and where that is
wanting, their decrees run contrary to the usual tenour of
justice; but one who takes advantage of such chicanes, is not
commonly regarded as an honest man.
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