I. whom a fair pretence for injury is afforded; BOOK imagine that they are not likely to be sufferers, the latter that they will not continue always to be so all such, therefore, are peculiarly exposed to injustice. The same may be said of those who have often been accused or calumniated, or who are extremely open to accusation or calumny such persons will scarcely venture on a trial at law, through fear of the judges; and should they venture on it, will have little chance to prevail: they are nearly in the same case with individuals, who are the objects of Those by general hatred or general envy. Injuries will be offered when there is a fair pretence for them, for villany, according to the proverb, wants but a pretence; and this will be afforded, not only when a man himself, but his forefathers or friends, have done or meditated wrong towards ourselves, our forefathers, or any of those whose persons or memories are dear to us. Friends are liable to injury, because towards them it is easy; and enemies, because towards them it is The friendless and feeble, persons pleasant. alike deficient in energy and eloquence, are peculiarly exposed to wrong, because they will rather agree to any compromise, than venture on a prosecution in which they could entertain little hope of success. The same observation applies to those, who, from their circumstances and situation, cannot wait the delays of law, or conveniently incur its expenses: such is the case of strangers and travellers, and of poor mechanics, subsisting on the wages of their daily labour. Persons in this condition will gladly or a favourable opportunity; The CHAP. XII. or a just cause; embrace the first opening to agreement. violators of laws and morals are peculiarly liable to violence and outrage; and when they become the victims of the same evils which they have often inflicted, they scarcely appear to have received an injury. Who pities a quarrelsome bruiser, who has met with a thrashing, even when he did not deserve it? The injury also disappears which is offered to those who have either done us wrong, or who are meditating mischief against ourselves or persons dear to us. Instead of severe condemnation, we seem entitled to the fair praise of anticipating unjust aggression. For the same reason we are prompted to injuries which redound to the satisfaction of those beloved, admired, or feared by us; in a word, all such as it is our delight to please. Singular mildness of temper, which ought or easy renaturally to be most exempt from wrong, is tion; peculiarly liable to suffer it, because from persons of this description it is easy to obtain pardon. Friends from whom we have separated dreaded. our interests, and of whom we have become the enemies and accusers, are exposed from us to the greatest injuries, in the infliction of which we shall seem only to ward off the evils ready to fall on ourselves: thus Callippus, after separat- Injuries ing his interests from Dion, and having become warded by his accuser, anticipated the vengeance that he tile to the dreaded, by the assassination of his adversary. injured. Neither shall we be reputed injurious in taking from others those things of which their enemies are ready to deprive them: whence Gelon re concilia f even re those hos I. Excused is a great compensation; or when conceal ment easy; BOOK ceived presents of honour from Enesidemus ", because he had got the start of him in reducing a city, which Enesidemus himself was just ready to assail. Injustice also will be excused, when the effects of it may be more than compensated; as Jason said, "I did a few acts of injustice, that I might display justice habitually in a high station." Offences, indeed, are easily pardoned, that proceed from human infirmity, being incident to all men, at least to the greater part. Things easily concealed afford temptation to pilfer; such are eatables that may speedily be consumed, or objects that may easily be disguised under new shapes or colours, or as ingredients in new mixtures; or which may easily be transported, and hid in the smallest corner; and those to which the pilferer previously possessed many things so similar, that what has been stolen is undistinguishable from what really belonged to him. Very slight injuries also will be frequent, for which none but the most litigious persons would think it worth while to demand redress ; and even the greatest will be committed towards those imagined to have too much modesty to complain of them: such are the shameful insults offered to youth and beauty.72 We have thus, in the analysis above given of pleasure and utility, enumerated and explained the causes impelling men to injury: we have shown what are the circumstances and dispositions of those most or unwil lingness to complain through modesty. 71 Enesidemus was tyrant of Leontium: Gelo, king of Syracuse. See History of Ancient Greece, Pt. i. vol. i. c. xi. 72 Γυναικων οικείων ὑβρεις, &c. XII. likely to commit, and also of those most liable to CHA P. suffer, wrong; adding the reasons why they should respectively be so. XIII. injustice two sorts ticular and We now proceed to the analysis of justice and CHAP. injustice, in other words, to the explanation of the different sorts of rights and wrongs. Every Every Justice and thing comprehended under these terms bears bear refera reference to two kinds of laws, the civil and ence to the natural; and also to two kinds of persons, or of laws. rather to the same persons considered under two different aspects, either as separate individuals, or as aggregate members of the same commonwealth. The civil or particular law is that Laws, parwhich each community has enacted for the civil; government of its own citizens; and is either written, or merely traditional, and established by custom; the natural or universal law is that or natural which prevails universally, through the ordi- sal. nance of nature; and which all men recognise, by a sort of divine impulse", independently of any political partnership, or social compact. To this law Antigoné alludes in Sophocles' tra- The latter gedy of that name, when she maintains that the exempliprohibition of Creon, though an absolute king, ought not to prevent her from complying with the law of nature in burying her brother Polynices: 73 Ο μαντευονται παντες. Here, as on other occasions, Cicero expands and illuminates Aristotle's deep sense: "Est hæc non scripta, sed nata, lex; quam non didicimus, accepimus, legimus; verum ex natura ipsa arripuimus, hausimus, expressimus; ad quam non docti, sed facti; non instituti, sed imbuti sumus." He speaks of the law of self-defence, in the pleading for Milo. and univer fied. CREON.And dar'st thou then to disobey my law? ANTIGONE. This law came not from Jove, nor the just Gods Who rule below; nor could I ever think A mortal's law of power or strength sufficient To abrogate th' unwritten law divine, Of yesterday, but made ere time began.74 To the same voice of Nature, Empedocles re- But a rule controlling earth and heaven, Alcidamus alludes to the same comprehensive In their relation to persons, laws guard the rights, either of communities at large, or of individuals belonging to those communities. The man guilty of assault or of adultery injures the individual; the soldier who quits his ranks endangers and injures the commonwealth. To be 74 Antigoné, act ii. scene 4. Franklin. 75 Cicero's eloquence flowed from the purest Grecian springs, when he penned the following admirable passage. "Est quidem verò lex, recta ratio, naturæ congruens, diffusa in omnes, constans, sempiterna, quæ vocet ad officium jubendo, vetando a fraude deterreat; quæ tamen neque probos frustra jubet, aut vetat, nec improbos jubendo, aut vetando movet. Huic legi nec abrogari fas est, neque derogari ex hac aliquid licet, neque tota abrogari potest. Nec verò, aut per senatum, aut per populum solvi hac lege possumus. Neque est quærendus explanator aut interpres ejus alius: nec erit alia lex Romæ, alia Athenis, alia nunc, alia posthac; sed et omnes gentes, et omni tempore una lex et sempiterna et immortalis continebit; unusque erit communis quasi magister et imperator omnium Deus ille, |