《道德情操论·卷二·论功劳与过失·二之二·论正义感、悔恨感与功劳意识》第2节

道德情操论 · 第22章 · 第2节

As the greater and more irreparable the evil that is done, the resentment of the sufferer runs naturally the higher; so does likewise the sympathetic indignation of the spectator, as well as the sense of guilt in the agent. Death is the greatest evil which one man can inflict upon another, and excites the highest degree of resentment in those who are immediately connected with the slain. Murder, therefore, is the most atrocious of all crimes which affect individuals only, in the sight both of mankind, and of the person who has committed it. To be deprived of that which we are possessed of, is a greater evil than to be disappointed of what we have only the expectation. Breach of property, therefore, theft and robbery, which take from us what we are possessed of, are greater crimes than breach of contract, which only disappoints us of what we expected. The most sacred laws of justice, therefore, those whose violation seems to call loudest for vengeance and punishment, are the laws which guard the life and person of our neighbour; the next are those which guard his property and possessions; and last of all come those which guard what are called his personal rights, or what is due to him from the promises of others.

注释摘要

斯密在这一段里要做的事很明确:他试图从伤害的大小出发,推出一条正义法则的等级次序。这条等级次序不是凭空设立的,而是严格地建立在同情机制之上——受害者有多怨恨,旁观者就有多强烈的同情性义愤,而行为人也就有多沉重的负罪感。这三者同步升降,伤害越深,三者的反应就越强烈。 所以他才从死亡讲起。死亡是一个人对另一个人所能施加的最大恶害,因为它彻底剥夺了被害者的一切。…