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
LA FLÈCHE: But just a small item. Of the fifteen thousand francs that
are asked, the lender can give in cash only twelve thousand, and for
the thousand crowns remaining, it will be necessary that the borrower
take the clothes, stock, jewelry, etc., of which here is the list.
CLEANTE: The plague on him!
The next scene shows with remarkable energy the _spendthrift_ and the
_usurer_ in conflict with each other.[26]
=39. Duties of the debtor.=--After the duties of the lender and the
creditor, let us point out those of the borrower or the debtor. The only
duty for him here is to return what he has borrowed: it is the duty of
_paying one's debts_.
For a long time, the duty of paying one's debts appeared to be one of
those vulgar and commonplace duties intended for the generality of men,
but from which the great lords freed themselves easily. The poor creditors
have been the laughing stock in comedies.[27] But it is not doubted
nowadays that to refuse to pay what one owes, is really taking from the
property of others, and appropriating what does not belong to us.
This duty, besides, is so simple and stringent that it is necessary only
to mention it without further development. The same principles apply to
the various ways in which one may make use of property, and particularly
to the three kinds indicated in the Civil Code--the _usufruct_, the
_usage_, and the _right of action_. The common obligation in these three
cases, mentioned by the Code, is to use the thing belonging to others as a
_prudent father_ would, which is to say, to use it as the proprietor
himself would use it, without injuring the object, and even improving it
as much as possible. It is especially in commerce that the act of paying
one's debts, is not only more obligatory morally, but socially more
necessary than anywhere else. The reason of it is that commerce is
impossible without credit. By exacting of every merchant the payment of
cash, the springs of exchange would dry up; besides, most of the time it
would be useless; for in commerce merchandise is constantly bought against
merchandise. It would be loss of time, loss of writing, limitation of the
market. In commerce one cannot say of him who owes that he is a borrower;
for the next day, according to the fluctuations of demand and supply, he
may be the lender. But it is just because credit is indispensable in
commerce, that the obligations of the debtors are in some respect more
stringent; for the greater the confidence, the more stringent the duty. So
that _commercial honor_ is like _military honor_--it does not admit of
breaking promises.
=40. Failures and bankruptcies.=--However strict one should be in commerce
in regard to keeping promises, there is nevertheless in the Code cause for
distinguishing two different cases of promise-breaking--failure and
bankruptcy; and in this second case, there is _simple_ bankruptcy and
_fraudulent_ bankruptcy.
Public-domain text, read in full here on John Shaqi.
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