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An Enquiry Concerning the Principles of Morals by David Hume
page 35 of 180 (19%)
treated of, the inference against this theory seems short and
conclusive. Property is allowed to be dependent on civil laws;
civil laws are allowed to have no other object, but the interest
of society: This therefore must be allowed to be the sole
foundation of property and justice. Not to mention, that our
obligation itself to obey the magistrate and his laws is founded
on nothing but the interests of society.

If the ideas of justice, sometimes, do not follow the
dispositions of civil law; we shall find, that these cases,
instead of objections, are confirmations of the theory delivered
above. Where a civil law is so perverse as to cross all the
interests of society, it loses all its authority, and men judge
by the ideas of natural justice, which are conformable to those
interests. Sometimes also civil laws, for useful purposes,
require a ceremony or form to any deed; and where that is
wanting, their decrees run contrary to the usual tenour of
justice; but one who takes advantage of such chicanes, is not
commonly regarded as an honest man. Thus, the interests of
society require, that contracts be fulfilled; and there is not a
more material article either of natural or civil justice: But the
omission of a trifling circumstance will often, by law,
invalidate a contract, in foro humano, but not in foro
conscientiae, as divines express themselves. In these cases, the
magistrate is supposed only to withdraw his power of enforcing
the right, not to have altered the right. Where his intention
extends to the right, and is conformable to the interests of
society; it never fails to alter the right; a clear proof of the
origin of justice and of property, as assigned above.]

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