A Handbook of Ethical TheoryFullerton, George Stuart
Philosophy
A Handbook of Ethical Theory
Fullerton, George Stuart
Ethics
Where customs and laws come to be imperfect expressions of the social
will, they may stand condemned by public opinion. In such a case their
authority is undermined and violations of them are condoned. Where public
opinion is strongly against a law; the law becomes ineffective. The
conservatism of law is such that a law may be allowed to stand unchanged,
and yet may fail to be carried into effect. Juries may refuse to convict,
or the unpalatable infliction of punishment may be avoided by granting to
the judge a wide discretion in pronouncing sentence.
The gradual development of a strong public sentiment may lead to the
passage of new laws, not based upon previously established customs, but
deliberately framed with a view to the public weal. Old customs may be
modified and new customs may be introduced. That the recommendations of
public opinion extend beyond the sphere of the customary is manifest. It
is not the custom of most men to leave any large part of their estate to
public charity. Except in the case of the very rich, the failure to do so
is not, as a rule, expressly condemned. Yet such bequests are approved,
the testators are praised, and the attitude of public opinion has no
small influence upon the conduct of individuals. Again, extreme self-
sacrifice is not customary; it is exceptional; and yet shining examples
of unselfishness excite a warm sympathy. The expression of this sympathy
is not without its influence.
Public opinion is more palpably an expression of the actual social will
than are custom and law. We have seen that the last two may represent, in
given instances, rather the inherited will of the past than the living
will of the present. But when we call public opinion an expression of the
social will we cannot mean that it necessarily reflects the sentiment of
all the members of a given community.
In primitive communities custom may be a public habit which embraces all,
or nearly all, individuals. Public opinion may scarcely have a separate
existence. In communities more developed, some individuals may disapprove
and refuse to follow many customs which are characteristic of the society
to which they belong. Laws are not approved by all, and, in progressive
states, there is usually some agitation which has as its object the
repeal of old laws or the passage of new ones. In communities where there
is independence of thought, public opinion is usually divided.
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