Principles of Equity. Henry Home, Lord Kames

wrong, signifying a quality of other actions, is a genus, of which unjust and improper are species.

      The sense by which we perceive the qualities of good and ill in effects, of right and wrong in actions, and the other moral qualities mentioned and to be mentioned, is termed the MORAL SENSE or CONSCIENCE.^*

      There is no cause for doubting the existence of the moral sense, more than for doubting the existence of the sense of beauty, of the sense of seeing, of hearing, or of any other sense. In fact, the perception of right and wrong as qualities of actions, is not less distinct and clear than that of beauty, of colour, or of any other quality; and as every perception is an act of sense, the sense of beauty is not with greater certainty evinced from the perception of beauty, than the moral sense is from the perception of right and wrong.

      This is the corner-stone of morality: for, abstracting from the moral sense, the qualities of good and ill in effects, and of right and wrong in

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      actions, would be altogether inexplicable. We find this sense distributed among individuals in different degrees of perfection: but there perhaps never existed any one above the condition of an idiot, who possessed it not in some degree; and were any man entirely destitute of it, the terms right and wrong would to him be not less unintelligible than the term colour is to one born blind.

      That every individual is endued with a sense of right and wrong, more or less distinct, will readily be granted; but whether there be among men what may be termed a COMMON SENSE of right and wrong, producing uniformity of opinion as to what actions are right and what wrong, is not so evident. There appears nothing absurd in supposing the opinions of men about right and wrong to be as various as their faces; and the history of mankind leads us to suspect, that this supposition is not destitute of foundation. For from <8> that history it appears, that among different nations, and even in the same nation at different periods, the opinions publicly espoused with regard to right and wrong are extremely various; that among some nations it was held lawful for a man to sell his children as slaves, and in their infancy to abandon them to wild beasts; that it was held equally lawful to punish children, even capitally, for the crime of their parent; that the murdering an enemy in cold blood, was once a common practice; that human sacrifices, impious not less than immoral according to our notions, were of old universal; that even in later times, it has been held meritorious to inflict cruel torments for the slightest deviations from the religious creed of the plurality; and that among the most enlightened nations, there are considerable differences with respect to the rules of morality.

      These facts, however well founded, tend not to disprove the reality of a common sense as to morals: they only evince, that the moral sense has not been equally perfect at all times, and in all countries: which is not surprising, being the case of all our more refined senses and faculties; witness, in particular, the sense of beauty, of elegance, of propriety. And with regard to this point, the following observation may give satisfaction. In the order of Providence, the progress of our species toward perfection resembles that of an individual: we may observe an infancy in both; and in both a gradual progress toward maturity: nor is the resemblance the

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      less perfect, that certain tribes, like certain individuals, ripen faster than others. The savage state is the infancy of man; during which the more delicate senses lie dormant, abandoning nations to the authority of custom, of imitation, and of passion, without any just taste of morals more than of the fine arts. But nations, like individuals, ripen gradually, and acquire in time a refined taste in morals, as well as in the fine arts; after which we find great uniformity of opinion about the rules of right and wrong, with few exceptions but what may proceed from imbecillity, or corrupted education. There may be found, it is true, even in the most enlightened ages, some men who have singular notions upon some points of morality; and there may be found the like singularity upon many other subjects: which affords no argument against a common sense or standard of right and wrong, more than a monster doth against the standard that regulates our external form, nor more than an exception doth against the truth of a general proposition.

      That there is in mankind a common sense of what is right and wrong, and an uniformity of opinion, is a matter of fact, of which <9> the only infallible proof is observation and experience: and to that proof I appeal; entering only one caveat, That, for the reason above given, the inquiry be confined to nations of polished manners. In the mean time I take the liberty to suggest an argument from analogy, That if there be great uniformity among the different tribes of men in seeing and hearing, in truth and falsehood, in pleasure and pain, &c. what cause can we have for suspecting that right and wrong are an exception from the general rule? Whatever minute differences there may be to distinguish one person from another; yet in the general principles that constitute our nature, internal and external, there is wonderful uniformity.

      That man is by nature a social being, is evident from many of his principles and faculties, calculated chiefly or solely to qualify him for the social state. This is eminently the case of the moral sense; the very purpose of which is, to regulate our conduct in society. That the uniformity of this sense among the different tribes of men, intitling it to be termed the common sense of mankind, must be calculated for the further improvement of society, is highly probable; and yet does not appear altogether so clear at first view. For may it not be urged, that we are bound notwithstanding

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      to regulate our conduct by our own sense or private conviction; and that to act otherwise would be to act against conscience? This argument is at least plausible; and if it hold true, society, it must be yielded, cannot be benefited by a standard that is not calculated to regulate any branch of our conduct. But the Almighty leaves no imperfection in his works: he intended man for society; he endued him with a sense of right and wrong; he made the perceptions of that sense uniform in all men; and to complete us for society, he has moulded our nature so admirably, as that even the man who has the most correct sense of morals, is not better qualified for society, than they are who deviate the farthest from it. The contrivance, simple and beautiful, is, to bind us by a law in our nature to regulate our conduct by the common sense of mankind, even in opposition to what otherwise would be our own sense or private conviction. And that this truly is the system of nature, I endeavour to make out as follows.

      We have an innate sense or conviction of a common nature, not only in our own species, but in every species of animals: and our conviction is verified by experience; for there appears a remarkable uniformity among creatures of the same kind, and a disformity, not less remarkable, among creatures of different kinds. This common <10> nature is conceived to be a model or standard for each individual of the kind. Hence it is a matter of wonder, to find an individual deviating from the common nature of the species, whether in its internal or external structure: a child born with aversion to its mother’s milk, is a wonder, not less than if born without a mouth, or with more than one.

      Secondly, With respect to the common nature of man in particular, we have an innate conviction, that it is invariable not less than universal; that it will be the same hereafter as at present, and as it was in time past; the same among all nations, and in all corners of the earth. Nor are we deceived; because giving allowance for the difference of culture, and gradual refinement of manners, the fact corresponds to our conviction.

      Thirdly, We have an innate conviction, that this common nature or standard is PERFECT and RIGHT; and that every individual OUGHT to be framed according to it. Every remarkable deviation from the standard, makes an impression upon us of imperfection, irregularity, or disorder;

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      and raises a painful emotion: monstrous births, exciting the curiosity of a philosopher, fail not at the same time to excite aversion in a high degree.

      This conviction of perfection in the common nature of man, reaches every branch of his nature; and particularly his sense of the morality and immorality of actions, termed the moral sense. This sense accordingly, considered as a branch of the common nature of man, is admitted by all to be perfect; and, consequently, to be the ultimate and unerring standard of morals; to which all are bound