Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
9. At the same time it must be confessed that when an error, however
flagrant and pestilential, has ceased to shock and scandalize the
general body of the commonwealth; when the people listen to the
doctrine without indignation, and their worst sentence upon it
pronounces it merely "queer," there is little hope of legal restraints
there enduring long or effecting much. Penalties for the expression of
opinion are available only so far as they tally with the common
feeling of the country. When public opinion ceases to bear them out,
it is better not to enforce them: for that were but to provoke
resentment and make martyrs. No regulations can be maintained except
in a congenial atmosphere. Allowance too must be made for the danger
of driving the evil to burrow underground.
10. The censorship of opinions even in a model State would vary in
method according to men and times. The censorship of the Press in
particular might be either by _Imprimatur_ required before printing,
or by liability to prosecution after. The _Imprimatur_ might be either
for all books, or only for a certain class. It might be either
obligatory, or merely matter of counsel, to obtain it. We are not to
adopt promiscuously all the praiseworthy institutions of our
forefathers.
_Readings_.--Cardinal Newman, _Letter to Duke of Norfolk_, § 5; _The
Month_ for June, 1883, pp. 200, seqq.
* * * * *
APPENDIX
Of the precepts of Natural Law, some are more simple and of wider
extension; others are derivative, complex, and extend to fewer cases.
It is a question of more and less, and no hard and fast line of
demarcation can be drawn between them. The former however are called
_primary_, the latter _secondary_ precepts. Again, the nature of man
is the same in all men and at all periods of history for its essential
elements, but admits of wide, accidental variation and declension for
the worse. Thirdly, it is clear that Natural Law is a law good and
suitable for human nature to observe. Starting from these three
axioms, we apply the reasoning of St. Thomas, 1a 2æ, q. 96, art. 2,
not to human law alone, of which he is speaking, but to sundry
secondary precepts of Natural Law. These are his words:
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