Men are, in an eminent degree, the creatures of the circumstances under which they are placed. He that is habitually goaded by the incentives of vice will not fail to be vicious. He that is perpetually conversant in quibbles, false colours and sophistry cannot equally cultivate the generous emotions of the soul, and the nice discernment of rectitude. If a single individual can be found who is but superficially tainted with the contagion, how many men on the other hand in whom there appeared a promise of the sublimest virtues have by this trade been rendered indifferent to consistency, or accessible to a bribe? Be it observed that these remarks apply principally to men eminent or successful in their profession. He that enters into an employment carelessly, and by way of amusement, is much less under its influence (though even he will not escape) than he that enters into it with ardour and devotion.
Let us however suppose, a circumstance which is perhaps altogether impossible, that a man shall be a perfectly honest lawyer. He is determined to plead no cause that he does not believe to be just, and to employ no argument that he does not apprehend to be solid. He designs. as far as his sphere extends, to strip law of its ambiguities, and to speak the manly language of reason. This man is, no doubt, highly respectable, so far as relates to himself; but it may be questioned whether he be not a more pernicious member of society than the dishonest lawyer. The hopes of mankind in relation to their future progress depend upon their observing the genuine effects of erroneous institutions. But this man is employed in softening and masking these effects. His conduct has a direct tendency to postpone the reign of sound policy , and to render mankind tranquil in the midst of imperfection and ignorance.
What is here stated however in favour of the dishonest lawyer, like that stated in favour of an imbecile monarch, should be considered as advanced in the way of conjecture only. As there is some pain which is requisite as the means of an overbalance of pleasure, so there may, in a few extraordinary instances, be some vice (understanding by vice, evil intention or rooted depravity) which is productive of the effects of virtue. In questions of this kind however, it becomes us to be more than usually scrupulous and guarded. It is of the most pernicious consequence for us to confound the distinctions of virtue and vice. It can scarcely be considered as the part of a philanthropist to rejoice in the depravity of others. It is safer for us, in almost every imaginable instance, to regard 'every departure from enormous vice, as so much gained to the cause of general happiness'.
The only principle which can be substituted in the room of law is that of reason exercising an uncontrolled jurisdiction upon the circumstances of the case. To this principle no objection can arise on the score of wisdom.
It is not to be supposed that there are not men now existing whose intellectual accomplishments rise to the level of law. Law we sometimes call the wisdom of our ancestors. But this is a strange imposition. It was as frequently the dictate of their passion, of timidity, jealousy, a monopolizing spirit, and a lust of power that knew no bounds. Are we not obliged perpetually to revise and remodel this misnamed wisdom of our ancestors? to correct it by a detection of their ignorance, and a censure of their intolerance?
But if men can be found among us whose wisdom is equal to the wisdom of law, it will scarcely be maintained that the truths they have to communicate will be the worse for having no authority but that which they derive from the reasons that support them .
It may however be alleged that 'if there be little difficulty in securing a current portion of wisdom, there may nevertheless be something to be feared from the passions of men. Law may be supposed to have been constructed in the tranquil serenity of the soul, a suitable monitor, to check the inflamed mind, with which the recent memory of ills might induce us to proceed to the infliction of punishment.' This is the most considerable argument that can be adduced in favour of the prevailing system, and therefore deserves a mature examination.
The true answer to this objection is that nothing can be improved but in conformity to its nature. If we consult for the welfare of man, we must bear in mind the structure of man. It must be admitted that we are imperfect, ignorant, the slaves of appearance. These defects can be removed by no indirect method, but only by the introduction of knowledge. A specimen of the indirect method we have in the doctrine of spiritual infallibility.
It was observed that men were liable to error, to dispute for ever without coming to a decision, and to mistake in their most important interests.
What was wanting was supposed to be a criterion and a judge of controversies.
What was attempted was to indue truth with a visible form, and then repair to the oracle we had erected.
The case respecting law is parallel to this. Men were aware of the deceitfulness of appearances, and they sought a talisman to guard them from imposition.
Suppose I were to determine, at the commencement of every day, upon a certain code of principles to which I would conform the conduct of the day; and, at the commencement of every year, the conduct of the year. Suppose I were to determine that no circumstances should be allowed, by the light they afforded, to modify my conduct, lest I should become the dupe of appearances, and the slave of passion. This is a just and accurate image of every system of permanence. Such systems are formed upon the idea of stopping the perpetual motion of the machine, lest it should sometimes fall into disorder .
