Thus, the interests of
society require, that contracts be fulfilled; and there is not a
more material article either of natural or civil justice: But the
omission of a trifling circumstance will often, by law,
invalidate a contract, in foro humano, but not in foro
conscientiae, as divines express themselves. In these cases, the
magistrate is supposed only to withdraw his power of enforcing
the right, not to have altered the right. Where his intention
extends to the right, and is conformable to the interests of
society; it never fails to alter the right; a clear proof of the
origin of justice and of property, as assigned above.]
WHAT IS A MAN'S PROPERTY? Anything which it is lawful for him,
and for him alone, to use. BUT WHAT RULE HAVE WE, BY WHICH WE CAN
DISTINGUISH THESE OBJECTS? Here we must have recourse to
statutes, customs, precedents, analogies, and a hundred other
circumstances; some of which are constant and inflexible, some
variable and arbitrary. But the ultimate point, in which they all
professedly terminate, is the interest and happiness of human
society. Where this enters not into consideration, nothing can
appear more whimsical, unnatural, and even superstitious, than
all or most of the laws of justice and of property.
Those who ridicule vulgar superstitions, and expose the folly of
particular regards to meats, days, places, postures, apparel,
have an easy task; while they consider all the qualities and
relations of the objects, and discover no adequate cause for that
affection or antipathy, veneration or horror, which have so
mighty an influence over a considerable part of mankind.
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