Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
"The execution of the law of nature is in that state [of nature] put
into every man's hands, whereby every one has a right to punish the
transgressors of that law to such a degree as may hinder its
violation: for the law of nature would, as all other laws that concern
men in this world, be in vain, if there were nobody that in the state
of nature had a power to execute that law." We observe that the
punishment of offenders against the law of nature, as such, belongs to
the Legislator, who is God alone. Certainly it is well, nay necessary,
that there should be human law to bear out the law of nature: but
human law is the creation of human society in its perfection, which is
the State. Man is punished by man for breaking the laws of man,
not--except remotely--for breaking the laws of God. Nor would it be
any inconvenience, if the law of nature were in vain in a state
wherein nature never intended men to live, wherein no multitude of men
ever for any notable time have lived, a state which is neither actual
fact nor ideal perfection, but a mere property of the philosophic
stage, a broken article, an outworn speculation. Such is "the state of
nature," as identified with the extra-civil state by Hobbes, Locke,
and Rousseau.
SECTION III.--_Of the true state of Nature, which is the state of
civil society; and consequently of the Divine origin of Power_.
1. The State is deemed by Aristotle (_Politics_, III., ix., 14): "the
union of septs and villages in a complete and self-sufficient life."
The first and most elementary community is the _family_, [Greek:
oikia]. A knot of families associating together, claiming
blood-relationship and descent, real or fictitious, from a common
ancestor, whose name they bear, constitute a [Greek: genos], called in
Ireland a _sept_, in Scotland a _clan_, nameless in England. When the
sept come to cluster their habitations, or encampments, in one or more
spots, and to admit strangers in blood to dwell among them, these
hamlets, or camps, gradually reach the magnitude of a _village_. When
a number of these _villages_, belonging to different _septs_, come to
be contiguous to one another, this mere juxtaposition does not make of
them a State. Nor does interchange of commodities, nor intermarriage,
nor an offensive and defensive alliance: these are the mutual
relations of a _confederacy_, [Greek: xymmaxia], but all these and
more are needed for a State, [Greek: polis]. To be a State, it is
requisite that these septs and villages should agree to regulate the
conduct of their individual members by a _common standard of social
virtue_, sufficient for their well-being as one community. This common
standard is fixed by common consent, or by the decision of some power
competent to act for all and to punish delinquents. The name of this
common standard is _law_. (_Ethics_, c. vii., n. 1, p. 126.) The
community thus formed leads a life _complete and self-sufficient_, not
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