Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
The true reason for paternal or maternal authority lies in the feebleness
of the child, in its physical, intellectual, and moral incapacity. The
child in coming into the world is utterly incapable of doing for itself.
Supposing even that it could satisfy its physical wants, experience shows
that it could not give itself an education, without which it cannot be
truly a man. This state of feebleness requires, then, indispensable
assistance, and an assistance of long duration. It needs a hand to support
and feed it, a heart to love it, an intelligence to enlighten it. To whom
belongs this _rôle_ of educator, protector, sustainer? "There have been
some who have wished to take the child from the family to give it to the
State; this is a great error; for the child should evidently belong to
those without whom he would have no existence. In the first place, it
were burdening society with a thing it is not responsible for; moreover,
it has no right upon the child, no particular tie existing between them;
finally, it offers no sufficient guaranty, and there can be at best
expected of it but a vague and general solicitude, if, indeed, the same is
not a partial one, and in favor of those from whom it may derive most
advantages; whilst parents should unquestionably have charge of the child,
since it is through them it exists; and having charge of it, gives them a
right to it: and how could they be responsible for this being they have
given life to, if they could not in some measure dispose of it? There are
three ties between the parents and the child: a physical bond, a
heart-bond, a reason-bond: no other authority rests on more natural
principles; none is more necessary, none is protected by greater
guarantees."[76]
Not only would the State, in taking possession of the child, encumber
itself with functions for the performance of which it is unfitted, but it
would also violate the natural rights of the human heart. Parents are,
then, invested by nature herself, with the duty of supporting and
educating their children. But this duty calls for authority. How could a
father and mother direct the child in the path of right and justice; how
could they impart to it their wisdom and experience; how could they
prepare the way for its becoming in its turn a moral agent--one, namely,
that acts and governs himself of his own accord--if they are not at the
same time invested with the authority that commands obedience?
Paternal authority, as we see by this, has no other origin than the actual
interest of the child: the mission of the parents is to represent it; they
have in some respect the government of its life. The whole authority of
the father upon the child is, then, limited by the interests and the
rights of the child itself. Beyond what may be useful to its physical and
moral existence, the father can do nothing. Such are the extent and limits
of his authority.
From these principles we deduce:
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