No Comment, Quotation — October 14, 2007, 12:00 am

Kames on Law and Human Sentiment

henry-home

Man is evidently intended to live in society; and because there can be no society among creatures who prey upon one another, it was necessary, in the first place, to provide against mutual injuries. Further, man is the weakest of all creatures separately, and the very strongest in society; therefore mutual assistance is the chief end of society; and to this end it was necessary, that there should be mutual trust and reliance upon engagements, and that favours received should be thankfully repaid. Now, nothing can be more finely adjusted than the human heart, to answer these purposes. It is not sufficient that we approve every action that is essential to the preservation of society: it is not sufficient, that we disapprove every action that tends to its dissolution. Approbation or disapprobation merely, is not sufficient to subject our conduct to the authority of a law… This circumstance converts into a law, what without it can only be considered as a rational measure, and a prudential rule of conduct. Nor is any thing omitted to give it the most complete character of a law. The transgression is attended with apprehension of punishment, nay with actual punishment; as every misfortune which befalls the transgressor is considered by him as a punishment. Nor is this the whole of the matter. Sympathy is a principle implanted in the breast of every man; we cannot hurt another without suffering for it, which is an additional punishment. And we are still further punished for our injustice or ingratitude, by incurring the aversion and hatred of all men.

Henry Home, Lord Kames, Essays on the Principles of Morality and Natural Religion, essay ii, ch. iv (1779)

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2015

Black Hat, White Hat

= Subscribers only.
Sign in here.
Subscribe here.

Beyond the Broken Window

= Subscribers only.
Sign in here.
Subscribe here.

In Search of a Stolen Fiddle

= Subscribers only.
Sign in here.
Subscribe here.

Displaced in the D.R.

= Subscribers only.
Sign in here.
Subscribe here.

The Quietest Place in the Universe

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
“Don sucked the last of his drink through his straw and licked his lips. 'The coast, to me, is more interesting than the valley.'”
Photograph by the author
Article
Fred Morton, who died this week in Vienna, at the age of 90, was a longtime contributor to Harper's Magazine and a good friend. "Othello's Son," which was listed as a Notable Essay in Best American Essays 2013, appeared in our September 2013 issue.
Photograph © Alex Gotfryd/CORBIS
Article
Beyond the Broken Window·

= Subscribers only.
Sign in here.
Subscribe here.

“By the time Bratton left the department, in 2009, Los Angeles had quietly become the most spied-on city in America.”
Illustration by Taylor Callery
Article
Displaced in the D.R.·

= Subscribers only.
Sign in here.
Subscribe here.

“How is it possible that my birth certificate is invalid if I was born here?”
Photograph by Pierre Michel Jean
Article
The Quietest Place in the Universe·

= Subscribers only.
Sign in here.
Subscribe here.

“Gaitskell and his colleagues are approaching the revelation of a new order, a new universe, in which even light will be known differently, and darkness as well.”
Painting by Sebastiaan Bremer

Number of African countries with vaccination rates higher than that of the United States:

16

Iowa urologists reported that only a minor portion of locker-room teasing arises from “the presence of excess foreskin”; most teasing targets small penises.

A farmer in Surrey, England, was ordered by the Reigate and Banstead Borough Council to tear down his cannon-equipped castle, which he had built secretly and then concealed behind hay bales.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today