An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
It is not true that men would be morally better or happier, if their
style of living were reduced to the greatest plainness consistent with
bare comfort. Our taste in this respect, as for the fine arts, as it
becomes more refined, becomes more susceptible of high enjoyment. When
large fortunes are suddenly made by gambling, or what is equivalent
thereto, then it is that baleful luxury is introduced--a style of living
beyond the means of those who adopt it, and spreading through all
classes. Taste, cultivated and enjoyed at the expense of morals,
degrades and debases instead of purifying and elevating character. Men,
who have accumulated wealth slowly by labor of mind or body, do not
spend it extravagantly. If they use it liberally, that creates no envy
in their poorer neighbor, no ruinous effort to equal what is recognized
to be the due reward of industry and economy. The luxury, which
corrupted and destroyed the republic of Rome, was the result of large
fortunes suddenly acquired by the plunder of provinces, the conquests of
unjust wars. The most fruitful source of it, in our own day, is what has
been well termed _class legislation_--laws which either directly or
indirectly are meant to favor particular classes of the community. They
are supported by popular reasons and specious arguments, yet there is
one test of the true character of such laws, an _experimentum crucis_,
of which, in general, they cannot bear the application. Legislation,
which requires or which will pay to be bored or bought, is unequal
legislation; and therefore unwise and unjust. Bentham's rule, though
false as the standard of right and wrong, is in general the true rule of
practical legislation, the greatest good of the greatest number. It is
expressed with the most force and accuracy by that master of the
science, Bynkershoek; _Utilitas, utilitas, justi PROPE mater et aequi_:
in which observe that the word _prope_ is emphatic. Legislation for
classes violates this plain rule of equal justice, and moreover does
not, in the long run, benefit those for whom it is intended. The
indirect evils upon society at large are even more injurious than those
which are direct. Men are often thus poor to-day and rich to-morrow. The
bubble, while it dances in the sunbeam, glitters with golden hues,
though destined almost immediately to burst and be seen no more.
Public-domain text, read in full here on John Shaqi.
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