Ideas from 'Of the original contract' by David Hume [1741], by Theme Structure

[found in 'Hume's Essays' by Hume,David [Edinburgh Press 1900,-]].

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20. Action / C. Motives for Action / 5. Action Dilemmas / a. Dilemmas
Moral questions can only be decided by common opinion
                        Full Idea: Though an appeal to general opinion may justly, in the speculative sciences of metaphysics, natural philosophy or astronomy, be deemed unfair, yet in all questions with regard to morals there is really no other standard for deciding controversies.
                        From: David Hume (Of the original contract [1741], p.291)
                        A reaction: Surely this is too pessimistic. Common opinion decided to burn people to death for being witches. Common opinion may usually win, but there must sometimes be good grounds for resisting it.
24. Political Theory / A. Basis of a State / 3. Natural Values / b. Natural equality
People must have agreed to authority, because they are naturally equal, prior to education
                        Full Idea: When we consider how nearly equal all men are in their bodily force, and even in their mental powers and faculties, till cultivated by education, ...then nothing but their own consent could at first associate them together, and subject them to authority.
                        From: David Hume (Of the original contract [1741], p.276)
                        A reaction: This doesn't sound very convincing. Some people are much better suited than others to training and education. Men vary enormously in size.
24. Political Theory / B. Nature of a State / 2. State Legitimacy / c. Social contract
The idea that society rests on consent or promises undermines obedience
                        Full Idea: Were you to preach in most parts of the world that political connections are founded altogether on voluntary consent or a mutual promise, the magistrate would soon imprison you as seditious for loosening the ties of obedience.
                        From: David Hume (Of the original contract [1741], p.278)
                        A reaction: He cites obedience as the prime civic virtue, because the law can't operate without it. He doesn't seem to consider the limiting cases of obedience, which makes him essentially a conservative.
We no more give 'tacit assent' to the state than a passenger carried on board a ship while asleep
                        Full Idea: [If we give 'tacit' assent to the state] ...we may as well assert that a man, by remaining in a vessel, freely consents to the dominion of the master, though he was carried aboard while asleep.
                        From: David Hume (Of the original contract [1741], p.283)
                        A reaction: We should probably drop the whole idea that we give assent to the state. We are stuck with a state, and a few of us can escape, if it seems important enough, but most of us have no choice. He hope to assent to the controllers of the state.
The people would be amazed to learn that government arises from their consent
                        Full Idea: When we assert that all lawful government arises from the consent of the people, we certainly do them a great deal more honour than they deserve, or even expect or desire from us.
                        From: David Hume (Of the original contract [1741], p.285)
                        A reaction: Hume has no interest in the purely abstract idea of a contract, and scorns Locke's idea of tacit consent to government. I assume he would dismiss Rawls as unrealistic theorising. Hume loves peace, and is alarmed by change.
25. Social Practice / A. Freedoms / 7. Freedom to leave
Poor people lack the knowledge or wealth to move to a different state
                        Full Idea: Can we seriously say, that a poor peasant or artisan has a free choice to leave his country, when he knows no foreign language or manners, and lives, from day to day, by the small wages that he acquires?
                        From: David Hume (Of the original contract [1741], p.283)
                        A reaction: Of course, in the nineteenth century the Scottish poor did, going to America, which welcomed the poor, and spoke English. Hume's point is the right reply to anyone who says 'If you don't like it, go elsewhere'. Also 'No! Change it!'
25. Social Practice / C. Rights / 4. Property rights
We all know that the history of property is founded on injustices
                        Full Idea: Reason tells us that there is no property in durable objects, such as land or houses, when carefully examined in passing from hand to hand, but must, in some period, have been founded on fraud and injustice.
                        From: David Hume (Of the original contract [1741], p.288)
                        A reaction: A prime objection to Nozick, who fantasises about an initial position of just ownership, which can then be the subject of just contracts. In 1866 thousands of white people were granted land in the USA, but not a single black freed slave got anything.