A Handbook of Ethical TheoryFullerton, George Stuart
Philosophy
A Handbook of Ethical Theory
Fullerton, George Stuart
Ethics
The times have changed, and our notions of the right of the individual to
an active share in the State have changed with them. The expression of
the social will has undergone modification, and I think we can say that
it is, on the whole, modification in the right direction.
To be sure, the court of last resort is the _Rational_ Social Will.
What is best for the State, and, hence, for those who compose it? What is
practicable in the actual condition in which a given state finds itself
at a given time? It seems too easy a solution of our problems to seek
dogmatic answers to our questionings by having recourse to the "natural
light," that ready oracle of the philosopher, Descartes.
(2) There are certain classes of rights which civilized states generally
guarantee to their citizens with varying degrees of success. They make it
the duty of their citizens to respect these rights in others.
(a) The laws protect life and limb. Much progress has been made in this
respect in the last centuries past. I own no coat of mail; and, when I
walk abroad, I neither carry a sword nor surround myself with armed
retainers.
(b) They protect private property. To be sure, the "promoter" may prey
upon my simplicity; and the state itself does not recognize that I have
any absolute right to my property, any more than it recognizes that I
have an absolute right to my life.
It may send me into the trenches. It may take from me what it will in the
form of taxes. It may even forbid me to increase my income by using my
property in ways which will make me insupportable to my neighbors. But it
will not allow my neighbor, who is stronger than I, to take possession of
my house without form of law. It will even allow me to dispose of my
property by will, after my death.
I suggest that those, to whom this right appears to be rooted in the very
nature of things, and not to be a creation of the State, called into
being at the behest of the social will in a certain stage of its
development, should read and re-read what Sir Henry Maine has to say
about testamentary succession, in his wonderful little book on "Ancient
Law." [Footnote: See chapters vi and vii.]
The State has not always treated a man as an individual, directly and
personally responsible to the state. It has treated him as a member of a
family or some other group; a being endowed, by virtue of his position,
with certain rights, and burdened with certain duties. A being who, when
he drops out of being, is automatically replaced by someone else who is
clothed upon with both his rights and his responsibilities.
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