difference between kingdoms and individuals. Human nature cannot by any means subsist without the association of individuals; and that association never could have place were no regard paid to the laws of equity and justice. Disorder, confusion, the war of all against all, are the necessary consequences of such a licentious conduct. But nations can subsist without intercourse. They may even subsist, in some degree, under a general war. The observance of justice, though useful among them, is not guarded by so strong a necessity as among individuals; and the moral obligation holds proportion with the usefulness. All politicians will allow, and most philosophers, that reasons of state may, in particular emergencies, dispense with the rules of justice, and invalidate any treaty or alliance where the strict observance of it would be prejudicial in a considerable degree to either of the contracting parties. But nothing less than the extremest necessity, it is confessed, can justify individuals in a breach of promise, Or an invasion of the properties of others.
In a confederated commonwealth, such as the Achæan Republic of old, or the Swiss Cantons and United Provinces in modern times; as the league has here a peculiar utility, the conditions of union have a peculiar sacredness and authority, and a violation of them would be equally criminal, Or even more criminal than any private injury or injustice. {p249}
The long and helpless infancy of man requires the combination of parents for the subsistence of their young, and that combination requires the virtue of chastity or fidelity to the marriage-bed. Without such a utility, it will readily be owned that such a virtue would never have been thought of.
An infidelity of this nature is much more pernicious in women than in men; hence the laws of chastity are much stricter over the one sex than over the other.