Moral Science, Alexander Bain [top non fiction books of all time TXT] 📗

we should expect on the principle of utility. With regard to some actions, the dictates of utility are the same at all times and places, and are so obvious as hardly to admit of mistake or doubt. On the other hand, men's positions in different ages and nations are in many respects widely different; so that what was useful there and then is useless or pernicious here and now. Moreover, since human tastes are various, and human reason is fallible, men's moral sentiments often widely differ in the same positions.

He next alludes to some prevailing misconceptions in regard to utility. One is the confusion of the _test_ with the _motive_. The general good is the test, or rather the index to the ultimate measure or test, the Divine commands; but it is not in all, or even in most cases, the motive or inducement.

The principle of utility does not demand that we shall always or habitually attend to the general good; although it does demand that we shall not pursue our own particular good by means that are inconsistent with that paramount object. It permits the pursuit of our own pleasures as pleasure. Even as regards the good of others, it commonly requires us to be governed by partial, rather than by general benevolence; by the narrower circle of family and friends rather than by the larger humanity that embraces mankind. It requires us to act where we act _with the utmost effect_; that is, within the sphere best known to us. The limitations to this principle, the adjustment of the selfish to the social motives, of partial sympathy to general benevolence, belong to the detail of ethics.

The second misconception of Utility is to confound it with a particular hypothesis concerning the Origin of Benevolence, commonly styled the _selfish system_. Hartley and some others having affirmed that benevolence is not an ultimate fact, but an emanation from self-love, through the association of ideas, it has been fancied that these writers dispute the _existence_ of disinterested benevolence or sympathy. Now, the selfish system, in its literal import, is flatly inconsistent with obvious facts, but this is not the system contended for by the writers in question. Still, this distortion has been laid hold of by the opponents of utility, and maintained to be a necessary part of that system; hence the supporters of utility are styled 'selfish, sordid, and cold-blooded calculators.' But, as already said, the theory of utility is not a theory of _motives_; it holds equally good whether benevolence be what it is called, or merely a provident regard to self: whether it be a simple fact, or engendered by association on self-regard. Paley mixed up Utility with self-regarding _motives_; but his theory of these is miserably shallow and defective, and amounted to a denial of genuine benevolence or sympathy.

Austin's Fifth LECTURE is devoted to a full elucidation of the meanings of Law. He had, at the outset, made the distinction between Laws properly so called, and Laws improperly so called. Of the second class, some are closely allied to Laws proper, possessing in fact their main or essential attributes; others are laws only by metaphor. Laws proper, and those closely allied to them among laws proper, are divisible into three classes. The first are the _Divine Law_ or Laws. The second is named _Positive Law_ or Positive Laws; and corresponds with Legislation. The third he calls _Positive Morality_, or positive moral rules; it is the same as Morals or Ethics.

Reverting to the definition of Law, he gives the following three essentials:--1. Every law is a _command_, and emanates from a _determinate_ source or another. 2. Every sanction is an eventual evil _annexed to a command_. 3. Every duty supposes a _command_ whereby it is created. Now, tried by these tests, the laws of God are laws proper; so are positive laws, by which are meant laws established by monarchs as supreme political superiors, by subordinate political superiors, and by subjects, as private persons, in pursuance of legal rights.

But as regards Positive Morality, or moral rules, some have so far the essentials of an _imperative_ law or rule, that they are rules set by men to men. But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights; in this respect they differ from positive laws, they are not clothed with legal sanctions.

The most important department of positive morality includes _the laws set or imposed by general opinion_, as for example the laws of honour, and of fashion. Now these are not laws in the strict meaning of the word, because the authors are an _indeterminate_ or uncertain aggregate of persons. Still, they have the closest alliance with Laws proper, seeing that being armed with a sanction, they impose a duty. The persons obnoxious to the sanction generally do or forbear the acts enjoined or forbidden; which is all that can happen under the highest type of law.

The author then refers to Locke's division of law, which, although faulty in the analysis, and inaptly expressed, tallies in the main with what he has laid down.

Of Metaphorical or figurative laws, the most usual is that suggested by the fact of _uniformity_, which is one of the ordinary consequences of a law proper. Such are the laws of nature, or the uniformities of co-existence and succession in natural phenomena.

Another metaphorical extension is to a model or pattern, because a law presents something as a guide to human conduct. In this sense, a man may set a law to himself, meaning a plan or model, and not a law in the proper sense of a command. So a _rule_ of art is devoid of a sanction, and therefore of the idea of duty.

A confusion of ideas also exists as to the meaning of a sanction. Bentham styles the evils arising in the course of nature _physical_ sanctions, as if the omission to guard against fire were a sin or an immorality, punished by the destruction of one's house. But although this is an evil happening to a rational being, and brought on by a voluntary act or omission, it is not the result of a law in the proper sense of the term. What is produced _naturally_, says Locke, is produced _without the intervention of a law_.

Austin is thus seen to be one of the most strenuous advocates of Utility as the Standard, and is distinguished for the lucidity of his exposition, and the force of his replies to the objections made against it.

He is also the best expounder of the relationship of Morality to Law.


WILLIAM WHEWELL. [1794-1866.]

Dr. Whewell's chief Ethical works are, 'Elements of Morality, including Polity,' and 'Lectures on the History of Moral Philosophy in England.'

We may refer for his views to either work. The following abstract is taken from the latest (4th) edition of his Elements (1864).

In the Preface he indicates the general scope of the work. Morality has its root in the Common Nature of Man; a scheme of Morality must conform to the _Common Sense_ of mankind, in so far as that is consistent with itself. Now, this Common Sense of Mankind has in every age led to two seemingly opposite schemes of Morality, the one making _Virtue_, and the other making _Pleasure_, the rule of action. On the one side, men urge the claims of Rectitude, Duty, Conscience, the Moral Faculty; on the other, they declare Utility, Expediency, Interest, Enjoyment, to be the proper guides.

Both systems are liable to objections. Against the scheme of Pleasure, it is urged that we never, in fact, identify virtue as merely useful. Against the scheme of Virtue, it is maintained that virtue is a matter of opinion, and that Conscience varies in different ages, countries, and persons. It is necessary that a scheme of Morality should surmount both classes of objections; and the author therefore attempts a reconciliation of the two opposing theories.

He prepares the way by asking, whether there are any actions, or qualities of actions, universally approved; and whether there are any moral rules accepted by the Common Sense of mankind as universally valid? The reply is that there are such, as, for example, the virtues termed Veracity, Justice, Benevolence. He does not enquire _why_ these are approved; he accepts the fact of the approval, and considers that here we have the basis of a Moral System, not liable to either of the opposing objections above recited.

He supposes, however, that the alleged agreement may be challenged, _first_, as not existing; and _next_, as insufficient to reason from.

1. It may be maintained that the excellence of the three virtues named is not universally assented to; departures from them being allowed both in practice and in theory. The answer is, that the principles may be admitted, although the interpretation varies. Men allow Fidelity and Kindness to be virtues, although in an early stage of moral progress they do not make the application beyond their own friends; it is only at an advanced stage that they include enemies. The Romans at first held stranger and enemy to be synonymous; but afterwards they applauded the sentiment of the poet, _homo sum_, &c. Moral principles must be what we approve of, when we speak in the name of the whole human species.

2. It may be said that such principles are too vague and loose to reason from. A verbal agreement in employing the terms _truthful, just, humane_, does not prove a real agreement as to the actions; and the particulars must be held as explaining the generalities.

The author holds this objection to be erroneous; and the scheme of his work is intended to meet it. He proceeds as follows:--

He allows that we must fix what is meant by _right_, which carries with it the meaning of Virtue and of Duty. Now, in saying an action is right, there is this idea conveyed, namely, that we render such a _reason_ for it, as shall be _paramount_ to all other considerations. Right must be the _Supreme_ Rule. How then are we to arrive at this rule?

The supreme rule is the authority over _all_ the faculties and impulses; and is made up of the partial rules according to the separate faculties, powers, and impulses. We are to look, in the first instance, to the several faculties or departments of the mind; for, in connexion with each of these, we shall find an irresistible propriety inherent in the very nature of the faculty.

For example, man lives in the society of fellow-men; his actions derive their meaning from this position. He has the faculty of Speech, whereby his actions are connected with other men. Now, as man is under a supreme moral rule, [this the author appears to assume in the very act of proving it], there must be a rule of right as regards the use of Speech; which rule can be no other than truth and falsehood. In other words, veracity is a virtue.

Again, man, as a social being, has to divide with others the possession of the world, in other words, to possess Property; whence there must be a rule of Property, that is, each man is to have his own. Whence Justice is seen to be a virtue.

The author thinks himself at one with the common notions of mankind in pronouncing that the Faculty of Speech, the Desire of Possessions, and the Affections, are properly regulated, not by any extraneous purposes or ends to be served by them, but by Veracity, Justice, and Humanity, respectively.

He explains his position farther, by professing to follow Butler in the doctrine that, through the mere contemplation of our human