Natural Rights on the Threshold of the Scottish Enlightenment

Philosophical Theses, 1707

357 Philosophical Theses, 1707 On natural law: how reverence for God is signified by respect for human rights In the previous series of inaugural theses which were defended eight years ago under the same President,1 it was argued that the duties by which Nature itself teaches that indirectly and mediately we are to give evidence of a due sentiment of love and veneration for the supreme being, are appropriately reduced to one general law, and may be deduced from it. This law is that we should promote to the best of our ability the perfection of all creatures , but especially the happiness of rational creatures (in which the perfection of the rest is contained), so far as this does not conflict, to the best of our knowledge, with manifestation of the divine glory.2 So, without further preface , we may proceed to take up the thread of the argument which we broke off at that point, and deduce particular kinds of duties from this principle in accordance with the law of nature. I. First, therefore, as there is no reason to suspect that the greatest happiness which men can obtain for men can detract in any way from either the illustration of divine glory or the happiness, consistent with it, of rational creatures other than man, we may deduce from the general law just established and at the same time substitute for it the following law (which contains in itself all the duties owed to men and which comes a little closer to demonstrating them): that God wills and requires from men as a sign of reverence due to him, that each man do whatever duties he can to promote 1. The reference is to Carmichael’s Philosophical Theses of 1699. 2. See above, p. 349. 358 early writings the common happiness of the whole human race, and scrupulously avoid the contrary actions.3 II. The universal law about promoting the common good of rational creatures proposed at the beginning does not cease to obligate men, even if we suppose that there are no rational creatures other than men whom men can either help or harm. Similarly the obligation of the law laid down in the previous thesis would still exist for a man who lived so much apart from everyone else that there could be no exchange either of benefit or injury between them. In both cases, he who benefits any one part without harm to the other, increases the resources (so to speak) of the whole system; and the way the solitary man would respect either of the aforesaid laws would be by simply preserving his own safety and by diligently looking out for his own interests. But (with occasional rare exceptions) such a solitary state is more represented by fiction than truly existing in any part of the earth. To the contrary, individuals in general live so intermingled with others that the opportunity cannot long be lacking to share benefits with each other, or to offer harm. Moreover the human condition is so framed that one man’s private benefit is often another’s harm, and vice versa. And therefore it is clear that the law about promoting the common good of men can only be observed by the man who in ordering the whole series of his actions sets before his eyes and prepares consistently to follow what is universally useful rather than what is good for himself without regard for others. III. We recognize that those too who are not separated from the company of others should advance the common good of men not only through the duties which men do for each other, but also through the duties by which each individual takes special care of his own safety, cultivates his own mind, and endeavors to fortify himself as strongly as possible against dependence on external things, in accordance with the rule set out in the previous thesis. Yet the nature of men is so made that individuals need the help of others to live decent lives; they are equipped with various gifts of soul and body with which they may do more good to each other than any animal can, and they are well disposed to do so. But equally they may 3. See above, pp. 24–25, Supplement I.10. philosophical theses, 1707 359 abuse all these prerogatives of their nature by harming...