An ethical philosophy of life presented in its main outlinesAdler, Felix
Religion
An ethical philosophy of life presented in its main outlines
Adler, Felix
Ethics; Philosophy, Modern
_Law_, ideally defined, is the sum total of conditions, capable of
being enforced, which are necessary or favorable to the development
of personality. The purpose of law is two-fold: to maintain the more
developed members of society at the level they have reached, and, by
educative penalties, to bring the backward up to the same level. In
the article on “Force and Freedom” referred to above, law is compared
to such bodily actions as walking, which at first are superintended by
consciousness, and then become automatic, thereby setting consciousness
free to attend to new and more important business. Similarly, law is
designed to render the conditions favorable to personality so explicit
that their observance shall become automatic, and that mankind shall be
at liberty to discover new and more significant conditions which in
their turn are again to become automatic.
Because of the lack of the ethical point of view, the exercise of force
by the state has seemed purely arbitrary, and has given rise to a
perverted and disastrous conception of _sovereignty_. The sovereignty
of the state has two aspects: the one internal, the other external.
Sovereignty means supremacy. The state is sovereign, within limits,
however, with respect to its citizens. The state is also sovereign,
within limits, however, with respect to other outside states.
With respect to the internal aspect of sovereignty some writers hold
that citizens have no rights as against the state—only rights accorded
by the state. But this from the ethical point of view is a wholly
untenable position. There are rights of the individual, rights of
the family, rights of the vocational group, which the state does not
create but is bound to acknowledge and which its power cannot properly
infringe. As against the state the individual has, for instance, the
right which is commonly designated as “the freedom of conscience.” The
family has rights against the state; the law cannot interfere with
the intimacies of the marriage and parental relations. The vocational
group likewise is only partially subject to public reglementation. I
have defined law as the sum total of the conditions. The state can
prescribe the conditions, but cannot trace the ways of freedom within
the conditions. The state prescribes the enforceable conditions; it has
no concern with unenforceable inner processes.
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