As society cannot subsist unless the laws of justice are tolerably observed, as no social intercourse can take place among men who do not generally abstain from injuring one another; the consideration of this necessity, it has been thought, was the ground upon which we approved of the enforcement of the laws of justice by the punishment of those who violated them. Man, it has been said, has a natural love for society, and desires that the union of mankind should be preserved for its own sake, and though he himself was to derive no benefit from it. The orderly and flourishing state of society is agreeable to him, and he takes delight in contemplating it. Its disorder and confusion, on the contrary, is the object of his aversion, and he is chagrined at whatever tends to produce it. He is sensible too that his own interest is connected with the prosperity of society, and that the happiness, perhaps the preservation of his existence, depends upon its preservation. Upon every account, therefore, he has an abhorrence at whatever can tend to destroy society, and is willing to make use of every means, which can hinder so hated and so dreadful an event. Injustice necessarily tends to destroy it. Every appearance of injustice, therefore, alarms him, and he runs (if I may say so), to stop the progress of what, if allowed to go on, would quickly put an end to everything that is dear to him. If he cannot restrain it by gentle and fair means, he must bear it down by force and violence, and at any rate must put a stop to its further progress. Hence it is, they say, that he often approves of the enforcement of the laws of justice even by the capital punishment of those who violate them. The disturber of the public peace is hereby removed out of the world, and others are terrified by his fate from imitating his example.
Such is the account commonly given of our approbation of the punishment of injustice. And so far this account is undoubtedly true, that we frequently have occasion to confirm our natural sense of the propriety and fitness of punishment, by reflecting how necessary it is for preserving the order of society. When the guilty is about to suffer that just retaliation, which the natural indignation of mankind tells them is due to his crimes; when the insolence of his injustice is broken and humbled by the terror of his approaching punishment; when he ceases to be an object of fear, with the generous and humane he begins to be an object of pity. The thought of what he is about to suffer extinguishes their resentment for the sufferings of others to which he has given occasion. They are disposed to pardon and forgive him, and to save him from that punishment, which in all their cool hours they had considered as the retribution due to such crimes. Here, therefore, they have occasion to call to their assistance the consideration of the general interest of society. They counterbalance the impulse of this weak and partial humanity by the dictates of a humanity that is more generous and comprehensive. They reflect that mercy to the guilty is cruelty to the innocent, and oppose to the emotions of compassion which they feel for a particular person, a more enlarged compassion which they feel for mankind.
Sometimes too we have occasion to defend the propriety of observing the general rules of justice by the consideration of their necessity to the support of society. We frequently hear the young and the licentious ridiculing the most sacred rules of morality, and professing, sometimes from the corruption, but more frequently from the vanity of their hearts, the most abominable maxims of conduct. Our indignation rouses, and we are eager to refute and expose such detestable principles. But though it is their intrinsic hatefulness and detestableness, which originally inflames us against them, we are unwilling to assign this as the sole reason why we condemn them, or to pretend that it is merely because we ourselves hate and detest them. The reason, we think, would not appear to be conclusive. Yet why should it not, if we hate and detest them because they are the natural and proper objects of hatred and detestation? But when they are asked why we should not act in such or such a manner, the very question seems to suppose that, to those who ask it, this manner of acting does not appear to be for its own sake the natural and proper object of those sentiments. We must show them, therefore, that it ought to be so for the sake of something else. Upon this account we generally cast about for other arguments, and the consideration which first occurs to us, is the disorder and confusion of society which would result from the universal prevalence of such practices. We seldom fail, therefore, to insist upon this topic.
But though it commonly requires no great discernment to see the destructive tendency of all licentious practices to the welfare of society, it is seldom this consideration which first animates us against them. All men, even the most stupid and unthinking, abhor fraud, perfidy and injustice, and delight to see them punished. But few men have reflected upon the necessity of justice to the existence of society, how obvious soever that necessity may appear to be.
That it is not a regard to the preservation of society, which originally interests us in the punishment of crimes committed against individuals, may be demonstrated by many obvious considerations. The concern which we take in the fortune and happiness of individuals does not,
