Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
7. But is it not immoral to interfere with conscience, and to attempt
to stifle sincere convictions? The State, we repeat, has nothing to do
with conscience as such, nor with the inward convictions of any man.
But if the State is sincerely convinced, that the convictions openly
professed and propagated by some of its subjects are subversive of
social order and public morality, whose sincere conviction is it that
must carry the day in practice? It is of the essence of government
that the convictions, sincere or otherwise, of the governed shall on
certain practical issues be waived in the external observance in
favour of the convictions of the ruling power. After all, this talk of
conscience and sincere convictions is but the canting phrase of the
day, according to which conscience means mere wild humour and
headstrong self-will. Such teachings as those which we would have the
State to suppress, _e.g.: An oath is a folly: There is no law of
purity: There is no harm in doing anything that does not annoy your
neighbour_: are not the teachings of men sincerely convinced: they
deserve no respect, consideration, or tenderness on that score. We do
not say, that the teachers of these monstrosities are not convinced,
but that they are not honestly and conscientiously convinced: they
have blinded themselves, and become the guilty authors of their own
delusion. Not all strong convictions are honestly come by or
virtuously entertained.
8. Arraigned for their utterances, men protest their sincerity, as
parties indicted for murder do their innocence. We can set but small
store by such protestations. It is a question of evidence to come from
other sources than from the accused person's own mouth. A man indeed
must be held to be sincere until he is proved to be the contrary. That
is the general rule. But there are what Roman lawyers call
_præsumptiones juris_; circumstances which, if proved, will induce the
court to take a certain view of a case, and give judgment accordingly,
unless by further evidence that view is proved to be a false one. Now
when a man proclaims some blatant and atrocious error in a matter
bearing directly upon public morals--and it is for the restraint of
these errors alone that we are arguing--there is a decided _præsumptio
juris_, that the error in him, however doggedly he maintains it, is
not a sincere, candid, and innocently formed conviction. The light of
nature is not so feeble as that, among civilized men. Let the offender
be admonished and given time to think: but if, for all warning to the
contrary, the wilful man will have his way, and still propagate his
error to the confusion of society, he must be treated like any other
virtuous and well-meaning criminal: he must be restrained and coerced
to the extent that the interests of society require.
Public-domain text, read in full here on John Shaqi.
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