A Manual of Moral PhilosophyPeabody, Andrew P. (Andrew Preston)
Philosophy
A Manual of Moral Philosophy
Peabody, Andrew P. (Andrew Preston)
Ethics
While *law* thus expresses the average knowledge of belief, it *tends to
perpetuate its own moral standard*. The notions of right which it embodies
form a part of the general education. The specific crimes, vices, and
wrongs which the law marks out for punishment are regarded by young
persons, from their earliest years, as worthy of the most emphatic censure
and condemnation; while those which the law leaves unpunished are looked
upon as comparatively slight and venial. Not only so, the degree of
detestation in which a community learns to look on specific crimes and
offences is not in proportion to their actual heinousness, but to the
stress of overt ignominy attached to them by legal penalties. Instances of
this effect of law on opinion will be readily called to mind. Thus a
common thief loses, and can hardly regain his position in society; while
the man who by dishonest bankruptcy commits a hundred thefts in one, can
hold his place unchallenged, even in the Christian church, while it is
known to every one that he is living—it may be in luxury—on the money he
has stolen. The obvious reason is that from time immemorial simple theft
has been punished with due, when not with undue, severity, while the
comparatively recent crime of fraudulent bankruptcy has as yet been
brought very imperfectly within the grasp of penal law. Again, no man of
clear moral discernment can doubt that he who consciously and willingly
imbrutes himself by intoxication is more blameworthy than he who sells
alcoholic liquors without knowing whether they are to be used internally
or externally, moderately or immoderately, for medicine or for luxury. Yet
because the latter makes himself liable to fine and imprisonment, while
the former—unless he belong to the unprivileged classes—has legal
protection, instead of the disgraceful punishment he deserves, there is a
popular prejudice against the vender of strong drink, and a strange
tenderness toward the intemperate consumer. Yet another instance. There
are crimes worse than murder. There are modes of moral corruption and
ruin, whose victims it were mercy to kill. But while the murderer, if he
escape the gallows, is an outcast and an object of universal abhorrence,
no social ban rests upon him whose crime has been the death of innocence
and purity, yet, if reached at all by law, can be compounded by the
payment of money.
Public-domain text, read in full here on John Shaqi.
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