Moral Science; a Compendium of EthicsBain, Alexander
Philosophy
Moral Science; a Compendium of Ethics
Bain, Alexander
Ethics; Ethics -- History
The most important department of positive morality includes _the laws
set or imposed by general opinion_, as for example the laws of honour,
and of fashion. Now these are not laws in the strict meaning of the
word, because the authors are an _indeterminate_ or uncertain aggregate
of persons. Still, they have the closest alliance with Laws proper,
seeing that being armed with a sanction, they impose a duty. The
persons obnoxious to the sanction generally do or forbear the acts
enjoined or forbidden; which is all that can happen under the highest
type of law.
The author then refers to Locke's division of law, which, although
faulty in the analysis, and inaptly expressed, tallies in the main with
what he has laid down.
Of Metaphorical or figurative laws, the most usual is that suggested by
the fact of _uniformity_, which is one of the ordinary consequences of
a law proper. Such are the laws of nature, or the uniformities of
co-existence and succession in natural phenomena.
Another metaphorical extension is to a model or pattern, because a law
presents something as a guide to human conduct. In this sense, a man
may set a law to himself, meaning a plan or model, and not a law in the
proper sense of a command. So a _rule_ of art is devoid of a sanction,
and therefore of the idea of duty.
A confusion of ideas also exists as to the meaning of a sanction.
Bentham styles the evils arising in the course of nature _physical_
sanctions, as if the omission to guard against fire were a sin or an
immorality, punished by the destruction of one's house. But although
this is an evil happening to a rational being, and brought on by a
voluntary act or omission, it is not the result of a law in the proper
sense of the term. What is produced _naturally_, says Locke, is
produced _without the intervention of a law_.
Austin is thus seen to be one of the most strenuous advocates of
Utility as the Standard, and is distinguished for the lucidity of his
exposition, and the force of his replies to the objections made against
it.
He is also the best expounder of the relationship of Morality to Law.
WILLIAM WHEWELL. [1794-1866.]
Dr. Whewell's chief Ethical works are, 'Elements of Morality, including
Polity,' and 'Lectures on the History of Moral Philosophy in England.'
We may refer for his views to either work. The following abstract is
taken from the latest (4th) edition of his Elements (1864).
Public-domain text, read in full here on John Shaqi.
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