THE UNION OF INTEREST WITH DUTY, AND OF SELF-EXECUTING LAWS What has been said in the preceding chapter will serve to elucidate the meaning of the above two expressions, which, though in familiar use with political writers, have never yet been completely explained.
The legislator should, say they, endeavour to unite interest with duty: this accomplished, they consider perfection as attained.
But how is this union to be brought about?---what constitutes it? To create a duty and affix a punishment to the violation of it, is to unite a man's interest with his duty, and even to unite it more strongly than by any prospect of reward.But this is not universally at least what they mean;for if punishment alone were sufficient for the establishment of the desired connexion between interest and duty, what legislator is there who would fail in its accomplishment?---what would there be to boast of in a contrivance which surpasses not the ingenuity of the most clumsy politician?
In this phrase, by the word interest , pleasure or profit is understood: the idea designed to be expressed is, the existence of such a provision in the law, as that conformity to it shall be productive of certain benefits which will cease of themselves so soon as the law ceases to be observed.
In a word, the union in question is produced whenever such a species of interest can be formed as shall combine the force which is peculiar to punishment with the certainty which is peculiar to reward.
This connexion between duty and interest is to a high degree attained in the case of pensions and places held during pleasure.
Let us suppose, for example, that the continuance of the pension is made to depend upon the holder's paying at all times absolute obedience to the will of his superior.The pensioner ceases to give satisfaction; the pension ceases.There are none of the embarrassments and uncertainties attendant on ordinary procedure; there are no complaints of disobedience made against persons thus circumstanced.It is against the extreme efficacy of this plan, rather than against its weakness, that complaints are heard.
In some countries, by the revenue laws, and particularly in the case of the customhouse duties, it is not uncommon to allow the officers, as a reward a portion of the goods seized by them in the act of being smuggled This is the only mode that has appeared effectually to combat the temptations to which they are perpetually exposed.The price which it would be worth while for individuals to offer to the officers for connivance, can scarcely equal, upon an average the advantage they derive from the performance of their duty.So far from there being any apprehension of their being remiss in its discharge, when every instance of neglect is followed by immediate punishment, the danger is, lest they should be led to exceed their duty, and the innocent should be exposed to suspicion and vexation.
