DISTINCTION IN COMMERCE PDF

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Distinction in Commerce

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Millar owed part of his success. Had the same improvement been introduced at Edinburgh, it may, I think, be doubted whether his talents and utmost exertions could have raised the Law Classes of Glasgow from the low state to which they had fallen, and in which, from the absence of the Courts, they seemed destined to remain. But the Law Professors of Edinburgh, for a long time, continued to read their lectures in Latin, and, before they thought proper to abandon this custom, Mr.

Millar never wrote his Lectures; but was accustomed to speak from notes, containing his arrangement, his chief topics, and some of his principal facts and illustrations.

For the transitions from one part of his subject to another, the occasional allusions, the smaller embellishments, and the whole of the expression, he trusted to that extemporane-Edition: ; Page: [xv]ous eloquence, which seldom fails a speaker deeply interested in his subject.

In some branches of science, where the utmost precision of language is requisite to avoid obscurity or error, such a mode of lecturing may be attended with much difficulty, and several disadvantages: But in Morals, in Jurisprudence, in Law, and in Politics, if the Professor make himself completely master of the different topics he is to illustrate, if he possess ideas clear and Edition: current; Page: [15] defined, with tolerable facility in expressing them, the little inelegancies into which he may occasionally be betrayed, the slight hesitation which he may not always escape, will be much more than compensated by the fulness of his illustrations, the energy of his manner, and that interest which is excited, both in the hearer and speaker, by extemporaneous eloquence.

Lecturing is obviously more connected with public speaking than with writing. Prolixity we regard as a fault both disagreeable and inexcusable; because, having his book before us, we can easily refer to any passage which we have forgotten or imperfectly comprehended, and thusEdition: ; Page: [xvi] supply the defects of our memory or attention.

In lecturing, the same rules will by no means apply. An idea must be turned on every side, that all its various connections may be perceived; it must be presented in a variety of lights, and a variety of forms, that, in some of them, it may be so fully impressed on the mind, as readily to recur when afterwards alluded to.

For these purposes, it must be repeatedly urged with that earnestness of manner, which can seldom be commanded, in reading over, year after year, what was written at a distant period, and, probably, in a very different frame of mind.

Those who were so fortunate as to witness the animation with which Mr. Millar delivered his Lectures, the delicacy with which he seemed to perceive when his audience fully understood his doctrines, the interest which he gave to subjects sometimes in themselves not very inviting, the clear conceptions that he conveyed, and the ardour of inquiry which he excited, will never hesitate to pronounce, that written lectures could not possibly have been so fascinating, or so instructive.

It is also a most important advantage attending extemporary lectures, that the Professor can, with ease to himself, follow the general progress of science, or insert the occasional results of his ownEdition: ; Page: [xvii] private investigations. The trouble of making alterations on written lectures is apt, on the contrary, to deter from future inquiry, and even to prevent the correction of acknowledged error.

He who has, with much labour, transcribed a system of lectures sufficient for his regular course, can neither omit nor insert a topic, without extending or condensing some other department of his subject; he can change none of his principles, without altering his inferences, Edition: current; Page: [16] and expunging many allusions that may occur in other parts of his course; he can neither adopt new opinions, nor admit new facts, without inserting new conclusions, and new modifications of his other doctrines.

Such a revision of written opinions will usually be found too great a task for human exertion; and the lectures will continue to be delivered with all their original imperfections. In the mean time, some of the students, more industrious than the rest, will perceive that the professor seems ignorant of what has been published on the science which he pretends to teach; the secret will soon be whispered round the class; and all respect for his talents and information will be irrecoverably gone.

But an extemporaneous lecturer can alter, modify, and improve his system, with little comparative trouble. The addition of a few lines,Edition: ; Page: [xviii] the expunging of a few words, even a particular mark upon the margin of his note book, will enable him to correct any errors into which he may have fallen, and to add whatever important discoveries have been made by himself or others. Accordingly, in Mr. Not satisfied with explaining his opinions in the most perspicuous manner in his Lecture, Mr.

Millar encouraged such of the students as had not fully comprehended his doctrines, or conceived that there was some error in his reasonings, to state to him their difficulties and objections. With this view, at the conclusion of the Lecture, a little circle of his most attentive pupils was formed around him, when the doctrines which had been delivered were canvassed with the most perfect freedom.

Before a professor can admit of such a practice, he must be completely master of his subject, and have acquired some confidence in his own quickness at refuting objections, and detecting sophistry. A few instan-Edition: ; Page: [xix]ces of defeat might be injurious to his reputation, and to the discipline of the class. But, should he possess a clear comprehension of all the bearings of his system, joined to quickness of understanding and tolerable ease of expression, he will derive the most important advantages from the unrestrained communications of his pupils.

Edition: current; Page: [17] He will learn where he has failed to convey his ideas with accuracy, where he has been too concise, or where imperfect analogies have led him into slight mistakes; and he will easily find a future opportunity to introduce new illustrations, to explain what has been misapprehended, or correct what was really an error.

To the students, such a practice insures accurate knowledge; it teaches the important lesson of considering opinions before adopting them, and gives an additional incitement to strict and vigilant attention. Accordingly, to be able to state difficulties with propriety, was justly looked upon by the more ingenious and attentive students as no slight proof of proficiency; and to be an active and intelligent member of the fire-side committee, never failed to give a young man some consideration among his companions.

The proper business of the Professorship to which Mr. Millar was appointed, is to deliver Lectures on the Institutions and Pandects of Justinian.

Edition: ; Page: [xx] But the employment of a whole winter in tracing, with the utmost accuracy and tedious erudition, the exact line of Roman Law, seemed to him a mere waste of time and study.

Whatever it was useful to know of the Institutes, he thought might be sufficiently taught in the half of the session, or term; and he wished to devote the rest of it to a course of Lectures on Jurisprudence.

After, therefore, going over the Institutes, according to the arrangement of Heineccius, 10 and explaining the nature and origin of each particular right as it occurred, he began a new course of Lectures, in which he treated of such general principles of Law as pervade the codes of all nations, and have their origin in those sentiments of justice which are imprinted on the human heart.

Distinction in Commerce

The multifarious doctrines to be explained in the Pandects prevented him from shortening the time allotted for that branch of legal study; but, aware that the ordinary arrangement is confused, and almost unintelligible, he soon published a new syllabus, following very nearly the order of the Institutes, according to which he discussed the various and sometimes discordant laws of Rome, and the still more discordant opinions of Roman lawyers.

In these two courses, he gave every information that could be desired on Civil Law,Edition: ; Page: [xxi] whether considered as merely an object of literary Edition: current; Page: [18] curiosity, or as the basis of modern Law, and consequently a most useful commentary on the municipal systems of the greater part of Europe.

These Lectures, which most men would have found sufficient to engross all their time, and occupy all their attention, still left Mr.

Millar some leisure, which he thought he could not employ more usefully, than in giving a course of Lectures on Government. The class of Scotch Law he thought it sufficient to teach every second year. A few years before his death, Mr. Millar was led, by the attention he always paid to the advantage of his pupils, to prepare and deliver a course of Lectures on English Law. In this course it could not be expected that he should convey more information than is contained in the best authors; but he greatly simplified and improved the arrange-Edition: ; Page: [xxii]ment, and accounted for the various rules and even fictions of English Law, in a manner more satisfactory, than by vague analogies, or that last resource of ignorance, an unmeaning reference to the pretended wisdom of our ancestors.

It would be uninteresting to many of my readers, were I to enter into details respecting the Lectures on Roman, Scotch, or English Law; but Jurisprudence and Politics are sciences so important to all, and so instructive in the views they exhibit of human nature, that a slight sketch of Mr.

Some view of these Lectures seems indeed the more requisite, as they were, in a great measure, the foundation of his high reputation; and, having never been committed to writing, they cannot now, in any perfect form, be submitted to the public. In attempting this sketch, I shall merely give an idea of the general principles and order, according to which he proceeded to investigate these most important sciences, passing slightly over the numerous and very ingenious disquisitions to which they naturally led, and omitting many important doctrines which he established on the firm basis Edition: current; Page: [19] of justice, and the public good.

To enter fully into the subject, would not be so much to give an account of Mr. The Ancients seem never to have thought of delineating a general system of laws founded on the principles of justice, independent of such modifications as have been produced, in each particular country, by circumstances not universally applicable to mankind. This important branch of science was reserved for the moderns, among whom Grotius is the first and most eminent author, who took a view of the subject so general and extended.

He has been succeeded by a multitude of later writers, most of whom, however, may be considered rather as his commentators than as original authors. A science, promising such benefits to mankind, required only to be pointed out in order to excite the attention of the learned; it spread rapidly over the whole of Europe, and soon became an established branch of education in many Universities.

It was, indeed, a most important step in the advancement of legal study. By displaying to mankind an ideal perfection of Law, which, if attained, must have secured their prosperity and happi-Edition: ; Page: [xxiv]ness, it furnished them with a standard by which the particular institutions of each country might be examined and corrected; and, by exhibiting the frequent deviations of municipal law from such a standard, it weakened that blind admiration of old and local usages, which is the great sanctifier of abuses, the most dangerous enemy of truth.

The systems of Universal Law, however, which at different times have been given to the world, seem liable to several objections. They could be illustrated in no other way than by reference to particular laws, so intimately blended with other regulations, and with peculiar customs and manners, that the reasoning lost much of its universal character, and often assumed the appearance of dissertation on the institutions of an individual nation.

For the most part, the writers on Jurisprudence followed too closely the system of Roman Law, even where that system is defective; but sometimes, also, in endeavouring to avoid this error, they entered so imperfectly into legal details, that their conclusions appeared vague and inaccurate.

Edition: current; Page: [20] It may farther be objected to almost all the writers on jurisprudence, that they have insisted too much on what a man, in a particular situation, ought to do, rather than on what he can justly be compelled to do; thus confounding the important distinctionEdition: ; Page: [xxv] between Ethics and Law, and forgetting that, though the one be a branch of the other, it is necessary to keep their respective limits strictly in view, if we would establish any system of rules for the conduct of individuals which society has a title to enforce.

From the disregard of this distinction, systems of jurisprudence came to resemble systems of morals in almost every thing, except their being treated in a more formal, and far less interesting manner. A new branch of study displayed itself to the capacious mind of Montesquieu. By considering the various and important deviations from the standards of jurisprudence observable in the laws of every state, he was led to compare together the different nations among whom similar deviations may be discerned; to contrast their situation with that of other countries where the laws have an opposite bias; and thus, from an extended view of human nature, to deduce the causes of those differences in laws, customs, and institutions, which, previously, had been remarked merely as isolated and uninstructive facts.

In this inquiry he had been followed by many philosophers, in different parts of Europe, and by none more successfully than our countrymen, Lord Kames and Dr. Smith, the former in tracing the history of manners andEdition: ; Page: [xxvi] of private law, the latter in delineating the progress of public institutions. Millar, in his Lectures, conjoined those separate views of jurisprudence. He began by investigating the origin and foundation of each right in the natural principles of justice; and afterwards traced its progress through the different conditions of mankind; marking such deviations from the general rule as the known circumstances of particular nations might be expected to occasion, and accounting, in the most satisfactory manner, for those diversities in laws, which must otherwise have appeared irreconcilable with the idea that there is any thing stable or precise in the moral sentiments of mankind.

As a preparation for this course of inquiry, it was obviously necessary to investigate the principles of Moral Approbation.

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On this subject, Mr. Hume and Dr. Smith have written treatises, equally eloquent and ingenious; Edition: current; Page: [21] and, to Mr. Millar, little appeared to be wanting, but to combine their systems.

Both of these philosophers have shewn, by a very extensive induction, that whatever is considered as useful, to ourselves or others, gives us pleasure; whatever is thought detrimental, gives us pain. This is the case, whether the good or evil be producedEdition: ; Page: [xxvii] by inanimate objects, or by sentient beings; but when by the latter, the pleasure, excited by the perception of increased happiness, is connected with a feeling of good-will towards the agent; and the pain, arising from the perception of hurt or injury, is attended with a sentiment of dislike.

Whether the good or evil may affect ourselves or others, we never fail to experience such sentiments; where our own good is promoted, we feel direct pleasure and gratitude; where the good of others is increased, we experience a reflected or sympathetic pleasure and gratitude, exactly the same in their nature, though always weaker in degree.

The direct good, or evil, proceeding from an action, is often of less real importance to general happiness than such remote consequences as are neither intended by the agent, nor directly observable by the spectator. Every breach of duty, besides occasioning immediate evil, weakens the influence of those general rules, by which, while exposed to temptations, the virtuous regulate their conduct; and every crime that is unpunished tends to destroy the strongest barrier which human society can oppose to vice.

But such remote and contingent results of actions, though they exert a powerful influence on our moral sentiments, doEdition: ; Page: [xxviii] not affect us equally with their more direct and obvious effects.

We enter more readily into what is immediately present to us, than into general and distant consequences, which it requires much experience and attention to discover, and some effort of imagination to delineate.

Existing and present happiness makes a lively impression; future and contingent utility is more faintly and obscurely felt. Although the system of utility thus accounts for much of our moral sentiments, Mr.

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Millar was convinced, that, by itself, it could afford no satisfactory solution of many difficulties suggested by the experience of mankind. The sentiment of approbation arising from utility seems cold and languid, when compared with the warm burst of applause sometimes excited by a virtuous action; an applause, too, which bears no proportion Edition: current; Page: [22] to that experience and knowledge, which might enable the spectator to grasp all the distant consequences of the action, but frequently is most enthusiastic in the young and ignorant.

Nor does the degree, in which we approve of the different classes of virtues, 12 correspond to the respective degrees of utility; Prudence is, in most situations, a more useful, though certainly a less admired quality, than Courage; and Justice, the most essential of all the vir-Edition: ; Page: [xxix]tues to human welfare, meets with less rapturous applause than irregular, and perhaps thoughtless, Generosity.

What was thus defective in the theory of utility seemed to Mr. Millar, in a great measure, to be supplied, by the systems which found our approbation of virtue on the sentiment of Propriety. We approve of such actions as we are led to expect from the particular circumstances in which the agent is placed, of such as appear to us agreeable to the general standard of human nature; and, as any remarkable deviation from the ordinary figure of the human body is disgusting, so are we displeased with any remarkable deviation from the constitution of the human mind.

These sentiments of approbation and dislike have, by some authors, been referred to the influence of Custom; but they seem too steady and regular in their operations, to be the offspring of what is so very capricious. It is true that custom may bestow a higher applause on particular classes of virtues than, in themselves, they deserve; that it may diminish the abhorrence of certain vices, by rendering them objects of more cursory observation; that it may even reconcile us to flagitious crimes, which, from particular circumstances, we have associated with some of the higherEdition: ; Page: [xxx] virtues; but all such effects of custom are merely to modify, and that in a smaller degree than is usually apprehended, the other sentiments of moral approbation springing from more regular sources.

Smith has given a most ingenious and eloquent account of our sentiments of propriety, which he derives from the pleasure of Sympathy with the feelings of the agent. Not only is this true with regard to moral sentiment, but in every taste, opinion, and emotion. Hence the charms of pure and disinterested friendship, and the difficulty of continuing an intimate intercourse with those who, on subjects of much interest and frequent occurrence, think very differently from ourselves.

It is in judging of human conduct, however, that this principle acts its most important part. When our attention is called to the behaviour of another, we immediately conceive how we should have acted in similar circumstances; and, according as our sentiments do, or do not, correspond to those heEdition: ; Page: [xxxi] has discovered, we feel pleasure and approbation, or pain and dislike.

Nor are these moral feelings liable to any important irregularities. When removed from temptation, and free from the influence of passion, all men are brave, temperate, just, and generous; consequently, these virtues must always appear proper, and the opposite vices improper, to the unconcerned spectator.

Millar fully adopted this opinion of Dr. Smith; but still he thought the system would prove defective, unless more weight were given to an observation which had been stated, rather in a cursory manner, both by that author and Mr.

The degree of applause excited by virtue is not dependent solely on the propriety and utility of the action, but also on the difficulty which we know the agent must have overcome, and the mental energy which he has displayed, in reducing his feelings to the level of those of the unconcerned spectator.

The passions, in many cases, being slightly affected, a small exertion is sufficient; in other situations, the utmost effort of self-command is indispensible: The one we simply approve; the other we applaud and admire. In this view, our moral sentiments bear a striking analogy to the principles of taste; and, though Mr. That virtue which is new or extraordinary in its nature, which breaks forth when we expect and dread the opposite vice, which exhibits high powers of self-control, and produces some great and striking benefit to man, raises our admiration to sublimity and rapture; while a life spent in acts of beneficence and kindness, like a rich and beautiful landscape, excites the more gentle emotions of complacence and delight.

Such are the outlines of the analysis of our moral sentiments, according to which Mr. Millar accounted for the various rights acknowledged and protected by society.

In doing this, he was careful to separate and distinguish Justice from the other virtues. The rules of Justice, 14 he observed, are satisfied, when a man abstains from injuring others, although he should make no addition whatever to general or particular happiness.Millar had few prejudices of this kind to conquer.

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Watt, 6 now of Birmingham, whose discoveries have entitled him to the gratitude of his country, and the admiration of the world.

With such views, he applied for the vacant Chair; and, through the interest of the guardians of the Duke of Hamilton, then a minor, and at the recommendation of Lord Kames and Dr. Fortunately Mr. Whether the good or evil may affect ourselves or others, we never fail to experience such sentiments; where our own good is promoted, we feel direct pleasure and gratitude; where the good of others is increased, we experience a reflected or sympathetic pleasure and gratitude, exactly the same in their nature, though always weaker in degree.

In attempting this sketch, I shall merely give an idea of the general principles and order, according to which he proceeded to investigate these most important sciences, passing slightly over the numerous and very ingenious disquisitions to which they naturally led, and omitting many important doctrines which he established on the firm basis Edition: current; Page: [19] of justice, and the public good.

Such a revision of written opinions will usually be found too great a task for human exertion; and the lectures will continue to be delivered with all their original imperfections. Log In Sign Up. This should depend on how much time is left.