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sequences happen from such carelessness, the person who has been guilty of it is often punished as if he had really intended those consequences; and his conduct, which was only thoughtless and insolent, and what deserved some chastisement, is considered as atrocious, and as liable to the severest punishment. Thus if, by the imprudent action above mentioned, he should accidentally kill a man, he is, by the laws of many countries, particularly by the old law of Scotland, liable to the last punishment. And though this is no doubt excessively severe, it is not altogether inconsistent with our natural sentiments. Our just indignation against the folly and inhumanity of his conduct is exasperated by our sympathy with the unfortunate sufferer. Nothing, however, would appear more shocking to our natural sense of equity, than to bring a man to the scaffold merely for having thrown a stone carelessly into the street without hurting any body. The folly and inhumanity of his conduct, however, would in this case be the same; but still our sentiments would be very different. The consideration of this difference may satisfy us how much the indignation even of the spectator, is apt to be animated by the actual consequences of the action. In cases of this kind there will, if I am not mistaken, be found a great degree of severity in the laws of almost all nations; as I have already observed that in those of an opposite kind there was a very general relaxation of discipline.

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There is another degree of negligence which does not involve in it any sort of injustice. The person who is guilty of it treats his neighbour as he treats himself, means no harm to any body, and is far from

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entertaining any insolent contempt for the safety and happiness of others. He is not, however, so careful and circumspect in his conduct as he ought to be, and deserves upon this account some degree of blame and censure, but no sort of punishment. Yet if, by a negligence of this kind, he should occasion some damage to another person, he is by the laws of, I believe, all countries, obliged to compensate it. And though this is no doubt a real punishment, and what no mortal would have thought of inflicting upon him, had it not been for the unlucky accident which his conduct gave occasion to; yet this decision of the law is approved of by the natural sentiments of all mankind. Nothing, we think, can be more just than that one man should not suffer by the carelessness of another; and that the damage occasioned by blameable negligence, should be made up by the person who was guilty of it.

There is another species of negligence,† which consists merely in a want of the most anxious timidity and circumspection, with regard to all the possible consequences of our actions. The want of this painful attention, when no bad consequences follow from it, is so far from being regarded as blameable, that the contrary quality is rather considered as such. That timid circumspection which is afraid of every thing, is never regarded as a virtue, but as a quality which, more than any other, incapacitates for action and business. Yet when, from a want of this excessive care, a person happens to occasion some damage to another, he is often by the law obliged to compensate it. Thus, by the Aquilian law, the man, + Culpa levissima.

* Culpa levis.

who not being able to manage a horse that had accidently taken fright, should happen to ride down his neighbour's slave, is obliged to compensate the damage. When an accident of this kind happens, we are apt to think that he ought not to have rode such a horse, and to regard his attempting it as an unpardonable levity; though without this accident we should not only have made no such reflection, but should have regarded his refusing it as the effect of timid weakness, and of an anxiety about merely possible events, which it is to no purpose to be aware of. The person himself, who by an accident even of this kind has involuntarily hurt another, seems to have some sense of his own ill desert with regard to him. He naturally runs up to the sufferer to express his concern for what has happened, and to make every acknowledgment in his power. If he has any sensibility, he necessarily desires to compensate the damage, and to do every thing he can to appease that animal resentment, which he is sensible will be apt to arise in the breast of the sufferer. To make no apology, to offer no atonement, is regarded as the highest brutality. Yet why should he make an apology more than any other person? Why should he, since he was equally innocent with any other bystander, be thus singled out from among all mankind, to make up for the bad fortune of another? This task would surely never be imposed upon him, did not even the impartial spectator feel some indul gence for what may be regarded as the unjust resentment of that other.

CHAPTER III.

of this Irregularity of Sentiments. Of the final cause

SUCH is the effect of the good or bad consequence of actions upon the sentiments both of the person who performs them, and of others; and thus fortune, I which governs the world, has some influence where we should be least willing to allow her any, and directs

in some measure the sentiments of mankind, with regard to the character and conduct both of themselves and others. That the world judges by the event, and not by the design, has been in all ages the complaint, and is the great discouragement of virtue. Every body agrees to the general maxim, that as the event does not depend on the agent, it ought to have no influence upon our sentiments, with regard to the merit or propriety of his conduct. But when we come to particulars, we find that our sentiments are scarce in any one instance exactly conformable to what this equitable maxim would direct. The happy or unprosperous event of any action, is not only apt to give us a good or bad opinion of the prudence with which it was conducted, but almost always too animates our gratitude or resentment, our sense of the merit or demerit of the design.

Nature, however, when she implanted the seeds of this irregularity in the human breast, seems, as upon all other occasions, to have intended the happiness and perfection of the species. If the hurtfulness of the design, if the malevolence of the affection were alone the causes which excited our resentment, we should feel all the furies of that passion against

any person in whose breast we suspected or believed such designs or affections were harboured, though they had never broke out into any actions. Sentiments, thoughts, intentions, would become the objects of punishment; and if the indignation of mankind run as high against them as against actions; if the baseness of the thought which had given birth to no action, seemed in the eyes of the world as much to call aloud for vengeance as the baseness of the action, every court of judicature would become a real inquisition. There would be no safety for the most innocent and circumspect conduct. Bad wishes, bad views, bad designs, might still be suspected; and while these excited the same indignation with bad conduct, while bad intentions were as much resented as bad actions, they would equally expose the person to punishment and resentment. Actions, therefore, which either produce actual evil, or attempt to produce it, and thereby put us in the immediate fear of it, are by the author of nature rendered the only proper and approved objects of human punishment and resentment. Sentiments, designs, affections, though it is from these that according to cool reason human actions derive their whole merit or demerit, are placed by the great judge of hearts beyond the limits of every human jurisdiction, and are reserved for the cognizance of his own unerring tribunal. That necessary rule of justice, therefore, that men in this life are liable to punishment for their actions only, not for their designs and intentions, is founded upon this salutary and useful irregularity in human sentiments concerning merit or demerit, which at first sight appears so absurd and unaccountable. But every part of nature, when at

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