When conscience and the law pull apart
What should a decent person do when obeying the law would do an injustice, and breaking it would do right? Diderot stages the collision and, pointedly, refuses to resolve it.
The dialogue turns on cases where the written law and a good conscience diverge: should a decent man burn a will that leaves a fortune to a rich stranger and nothing to the poor relatives who deserve it? The father, a plain honest tradesman, holds that the law must be obeyed; the son presses example after example where obedience would wrong someone. Equity pulls against legalism, and Diderot lets neither win, giving the reasoning son and the upright father each a part of the truth. Set in his own father's house in Langres and written after the man's death, it reads as a settling of accounts.
- conscience
- law
- justice
- natural law
- moral judgment
- duty
- authority
- property
- inheritance
Enter a dialogue
- A man who kept his late wife's dowry flees to Geneva. Your father says his conscience will follow. Is remorse conscience, or only fear of discovery?
- A hatter who nursed his sick wife for eighteen years keeps her dowry after her death, though the law gives it to distant relatives. Is he a thief?
- A trustee tears up one poor man's debt, costing each creditor twelve sous. Your father asks why not tear up four more. Where does such kindness stop?
- 'Without the law there is no theft,' says your sister. You answer that work first makes a thing yours. What, then, can a law add to ownership?