Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
despised; and despised they will be, if the Sovereign gives scandal by
ignoring them in his own practice. Therefore the Sovereign, be he
King, Council, or Assembly, is bound in conscience and before God,
though not legally of his own jurisdiction, so far himself to stand to
the observance of the law as not to render it nugatory in the eyes and
practice of others.
6. Law and liberty are like the strings and meshes of a net. In the
one limit of minimum of mesh, the net passes into sack-cloth, where
nothing could get through. In the other limit of maximum of mesh, the
net vanishes, and everything would get through. We cannot praise in
the abstract either a large mesh or a small one: the right size is
according to the purpose for which the net is to be used in each
particular case. So neither can law nor liberty be praised, as Burke
says, "on a simple view of the subject, as it stands stripped of every
relation, in all the nakedness and solitude of metaphysical
abstraction." We can only praise either as it is "clothed in
circumstances." Commonly we are led to praise the one by getting too
much of the other. Confounded in a tangle of fussy, vexatious, perhaps
malicious restrictions, men cry loudly for liberty. When people all
about us are doing things by their own sweet will, we are converted to
praise of regulation and discipline and the wholesome restraint of
law.
_Readings_.--St. Thos., 1a 2æ, q. 96, art. 5, ad 3; Suarez, _De
Legibus_, III., xxxv.; _ib_., V., iv.; Ruskin, _Seven Lamps of
Architecture_, c. vii., §§ I, 2.
SECTION XII.--_Of Liberty of Opinion_.
1. We are here dealing with liberty only so far as it means exemption
from State control. So far as the State is concerned, a man has the
fullest liberty to hold in his heart the most seditious opinions, and
to think the foulest thoughts, so long as they do not appear in his
public language and conduct. The heart is free from all mere human
law, resting in subjection to His law alone, and in responsibility to
His judgment, who is the Searcher of Hearts.
2. We are dealing then not properly with opinion, but with the public
expression of opinion. We are dealing with that expression as
controllable by the State, not acting in deference to the invitation
of any religious power, but of its own initiative and proper
authority, in view of its own end, scope and aim, which is social
order and public prosperity for this life. (s. x., nn. 2, 3, p. 355.)
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