Secondly, they will not be less deficient in efficacy than they are in wisdom. The object at which we are supposing them to aim is to improve the opinions, and through them the manners, of mankind; for manners are nothing but opinions carried out into action: such as is the fountain, such will be the streams that are supplied from it. But what is it upon which opinion must be founded? Surely upon evidence, upon the perceptions of the understanding. Has society then any particular advantage, in its corporate capacity, for illuminating the understanding? Can it convey, into its addresses and expostulations a compound or sublimate of the wisdom of all its members, superior in quality to the individual wisdom of any?
If so, why have not societies of men written treatises of morality, of the philosophy of nature, or the philosophy of mind? Why have all the great steps of human improvement been the work of individuals?
If then society, considered as an agent, have no particular advantage for enlightening the understanding, the real difference between the dicta of society and the dicta of individuals must be looked for in the article of authority. But authority is, by the very nature of the case, inadequate to the task it assumes to perform. Man is the creature of habit and judgment;Chapter nd the empire of the former of these, though not perhaps more absolute, is one at least more conspicuous. The most efficacious instrument I can possess for changing a man's habits is to change his judgments. Even this instrument will seldom produce a sudden, though, when brought into full operation, it is perhaps sure of producing a gradual revolution. But this mere authority can never of. Where it does most in changing the characters of men, it only changes them into base and despicable slaves. Contending against the habits of entire society, it can do nothing. It excites only contempt of its frivolous endeavours. If laws were a sufficient means for the reformation of error and vice, it is not to be believed but that the world, long ere this, would have become the seat of every virtue. Nothing can be more easy than to command men to be just and good to love their neighbours, to practise universal sincerity, to be content with a little, and to resist the enticements of avarice and ambition. But, when we have done, will the actions of men be altered by our precepts? These commands have been decreed that every man should be hanged that violated them, it is vehemently to be suspected that this would not have secured their influence.
But it will be answered 'that laws need not deal thus in generals, but may descend to particular provisions calculated to secure their success.
We may institute sumptuary laws, limiting the expense of our citizens in dress and food. We may institute agrarian laws forbidding any man proclaim prizes as the rewire of acts of justice, benevolence and public virtue'.
And, when we have done this, how far are we really advanced in our career?
If the people are previously inclined to moderation of expense, the walls are a superfluous parade. If they are not inclined, who shall execute them, or prevent their evasion? It is the misfortune in these cases that regulations cannot be executed but by the individuals of that very people they are meant to restrain. If the nation at large be infested with vice, who shall secure us a succession of magistrates that are free from the contagion?
Even if we could surmount this difficulty, still it would be vain. Vice is ever more ingenious in evasion than authority in detection. It is absurd to imagine that any law can be executed that directly contradicts the propensities and spirit of the nation. If vigilance were able fully to countermine the subterfuges of art, the magistrates who thus pertinaciously adhered to the practice of their duty could scarcely fail to become the miserable victims of depravity exasperated into madness.
What can be more contrary to all liberal principles of human intercourse than the inquisitorial spirit which such regulations imply? Who shall enter into my house, scrutinize my expenditure, and count the dishes upon my table? Who shall detect the stratagems I employ, 'to cover my real possession of an enormous income, while I seem to receive but a small one? Not that there is really anything unjust and unbecoming, as has been too often supposed, in my neighbour's animadverting with the utmost freedom upon my personal conduct. But that all watchfulness that proposes for its object the calling in of force as the corrective of error is invidious. Observe my conduct; you do well. Report it as widely as possible, provided you report it fairly; you are entitled to commendation. But the heart of man unavoidably revolts against the attempt to correct my error by the infliction of violence.
We disapprove of the superior, however well informed he may be who undertakes, by chastisement, to induce me to alter in my opinion, or vary in my choice;Chapter ut we disapprove still more, and we do well, of the man who officiates as the Argus of my tyrant; who reports my conduct, not for the purpose of increasing my wisdom and prudence, not for the purpose of instructing others, but that he may bring down upon me the brute, the slavish and exasperating arm of power.
Such must be the case in extensive governments: in governments of smaller dimensions opinion would be all-sufficient; the inspection of every man over the conduct of his neighbours, when unstained with caprice, would constitute a censorship of the most irresistible nature. But the force of this censorship would depend upon its freedom, not following the positive dictates of law, but the spontaneous decisions of the understanding.