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Click on the phrases to see them in context. The original texts by Immanuel Kant and David Hume are available from the Gutenberg Projet.
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But here I cannot forbear taking notice of a remarkable subtilty of the Roman law, in distinguishing betwixt confusion and commixtion. Now if we compare these two cases, of the open and concealed violations of the laws of honour, we shall find, that the difference betwixt them consists in this, that in the first ease the sign, from which we infer the blameable action, is single, and suffices alone to be the foundation of our reasoning and judgment; whereas in the latter the signs are numerous, and decide little or nothing when alone and unaccompanyed with many minute circumstances, which are almost imperceptible. But if we examine all the questions, that come before any tribunal of justice, we shall find, that, considering each case apart, it would as often be an instance of humanity to decide contrary to the laws of justice as conformable them. As in the latter case the imagination discovers not so entire an union as in the former, but is able to trace and preserve a distinct idea of the property of each; this is the reason, why the civil law, tho' it established an entire community in the case of confusion, and after that a proportional division, yet in the case of commixtion, supposes each of the proprietors to maintain a distinct right; however necessity may at last force them to submit to the same division. to derive its obligation from those laws of nature, and, in particular, from that concerning the performance of promises. Since, therefore, this is the ordinary course of human actions, we may conclude, that the laws of justice, being universal and perfectly inflexible, can never be derived from nature, nor be the immediate offspring of any natural motive or inclination.
There is such an indefensible gradation from the most material laws to the most trivial, and from the most antient laws to the most modem, that it will be impossible to set bounds to the legislative power, and determine how far it may innovate in the principles of government. Not only where the chief magistrate enters into measures, in themselves, extremely pernicious to the public, but even when he would encroach on the other parts of the constitution, and extend his power beyond the legal bounds, it is allowable to resist and dethrone him; though such resistance and violence may, in the general tenor of the laws, be deemed unlawful and rebellious.