Natural Rights on the Threshold of the Scottish Enlightenment. Gershom Carmichael

for the future. Related to cheerfulness is hope, which, however agreeable, must be held in check so that the mind does not suffer by it. For in busily embracing objects which are vain, uncertain, or beyond our powers, we may wear ourselves out for nothing; and hope, prolonged to infinity, may impede our capacity to enjoy the good things we already have.

      12. To counter all the immoderate assaults of the passions, we must make careful and intelligent inquiry about the things which come before us with a particular significance for ourselves (for these are the only things that have the power to excite the passions in us). We should refrain a while from passing judgment on them, if the case allows, until the hot assault of passion cools down at least to the point where it does not refuse to admit the governance of sound reason. To this end, our thoughts should be diverted elsewhere for a while, until time and quiet shall have soothed to some extent the commotion of the blood and the animal spirits. But if the passion presses, and the nature of the situation before us does not admit delay in action, contrary considerations should be suggested to the mind, so that the impulse of passion may drive us from the straight path as little as possible. Even if they are of too little significance to determine the mind’s direction altogether, they will be able to blunt the former impulse, and set the mind as it were in equilibrium, and so make it more fit to perceive the real dictates of sound reason. If by these and other means (on which there is no time to dwell) our passions are reduced to a reasonable temperature and subjected to the power of reason, it cannot be denied that they acquire an admirable utility, as they alert both mind and body to speedily obey and expeditiously perform what reason prescribes.

      13. But all this and everything else that aims at the moral cultivation of the mind, has the particular purpose of filling the mind with love of the right and with the proper disposition to perform every duty. This cannot be achieved in this depraved state of the human race without the special assistance of the Deity, and all genuine dispositions of this kind assume a sound and rightly founded conviction of the sure means of obtaining the favor of God and the supreme happiness which lies in him. And this conviction, in corrupt men, can only rest on a really firm foundation through a special revelation of the divine will. It is therefore evident that each man is bound by the prescription of natural law to seek that revelation at all costs, and to fashion his conduct by it when found; and thus natural religion itself in a certain way leads to revealed religion.

      14. A final point: since with regard to his own cultivation every man also has the duty to make a timely choice of some manner of life which is honorable, advantageous, and suited to his capacity and fortune, he is also bound to apply his mind at an early age to learning what will be useful in the kind of life he intends. Those whom a kinder fortune allows to live their lives without earning their income by their own labors, may not regard themselves as completely exempted from this obligation. For although they do not seem to be obliged by law to practice a skill for the sake of an income, they are nevertheless not only obliged to take good care of their property and to administer it prudently (and this cannot be done without some education), but they must also apply themselves to promote in some way the advantages and benefits of human society, and especially of the country to which they belong and of the men with whom they have to do. It would be exceedingly unworthy in men of great fortune, who claim higher reputation and greater authority than others, to offer no benefits to the human race, to be useless burdens on the earth, drones born to feed off the fruits of other men’s labors. To the contrary, the more they expect to be held in esteem above others, the more they should be anxious to deserve that special honor by conferring exceptional benefits on their dependents, their country, and the human race; otherwise their claim to honor for themselves on the ground of birth or fortune would be empty indeed. Since therefore their own happy position gives men of superior fortune, more leisure and the other prerequisites of study than other men have, and also offers them an opportunity to perform duties of greater importance to their country (duties which cannot be properly discharged without a variety of knowledge), it cannot be doubted (provided nature has not denied them the intelligence which few will admit to not having) that such men should aspire to achieve a wide range of knowledge. See Locke, Essay, IV.XX.6.

      The right of self-defense

      [Pufendorf says: “Despite the dictum that one is not justified in resorting to killing when the danger can be averted in a milder manner, it is not usual to be scrupulous about details because of the mental turmoil caused by imminent danger.” Carmichael comments:]

      The distinguished Titius rightly observes that the doctrine of this paragraph should apparently refer especially to the civil state, which the author had been discussing in the previous paragraph.⁶ But several provisos which are introduced here for restricting the license of violent defense, may well be applied to both states, provided they are properly explained. For not even in the natural state is it right (at least by the law of charity) to rush precipitately into killing when the danger, both present and future, may be deflected by a more appropriate means. Hence in that state too it is rash to descend from a safe place to meet a challenger, when the provocation comes from a sudden attack which will perhaps soon disappear, or when there is hope that the aggression of the attacker will be checked later with less danger to ourselves or others.

      Finally, the hatefulness of duels asserted by the author at the end of this paragraph is largely valid in both states, both against the challenger and against a man who has been challenged and voluntarily stands firm and obstinately remains in the same mind. Even in the natural state a declared contest is not a completely acceptable mode of asserting one’s right and may only be excused by necessity (see Grotius, Rights of War and Peace, III.XX.43). And likewise so-called injuries, in the proper meaning of that word (injuriae), i.e., the insults which normally involve fellow citizens in duels with each other (for duels which are entered upon to settle a doubtful question, or claim an object which is not due by perfect right, are manifestly unjust); insults, I say, do not afford a just cause for extreme violence even in natural liberty. For it is utterly abhorrent to equity, to humanity, and to justice itself to attempt to repel or vindicate them in that manner. That is, the restoration of an injured reputation, which they usually say is the point of this ferocious avenging of injuries, is a pure and unadulterated fantasy in the minds of men of outrageous vanity. Such men need to learn that true reputation (which is nothing but the opinion of one’s excellence on the part of other men, particularly of good and sensible men) can be neither got nor kept except by doing good and deserving well of human society; and that it cannot be weakened by insults, except so far as they raise a suspicion that one deserved to be so badly treated; hence reputation can only be restored and renewed by measures which altogether remove that suspicion. No one but a madman could convince himself that violence leveled by private assault against the author of the insult would contribute to this one little bit. By this sacrilegious attack therefore, they deliberately profane two most sacred words: they are not ashamed to proclaim their wicked customs as laws of honor. But these customs are diametrically opposed to divine and human laws, and have been transmitted to us from barbarian peoples and centuries, to the great dishonor of human nature, to say nothing of the Christian name. [I.5.13.i]

      Apart from what the author mentions, the victim can require nothing else by his own right from the attacker. But it is a good question whether, even in the state of natural liberty and equality, physical punishment cannot be inflicted on those who have openly violated the law of nature, in the name of the human race, so to speak, as a measure pertaining to its common security. With Grotius (Rights of War and Peace, II.XX.40 ff.) and Locke (Second Treatise of Government, ch. 2), we think this question should be answered emphatically in the positive, at least in the case of the more atrocious crimes, which have been committed with malice. However great moderation should be shown here. For punishment should not be inflicted suddenly or secretly, in case greater disturbances arise in a society and make the remedy more disastrous than the disease. In particular one must be careful to prevent the injured man himself, still seething with anger, from trying to keep on punishing and using force to assert his right.

      Here the author ends his discussion of defense against unjust aggression, but prematurely; he should first have made a clear statement on the nature of human rights and on the foundations on which they rest before discussing the license permitted in their defense. This is the point that Titius (Observationes, no. 119) seems