On the whole, the community has never felt called upon to solve the
moral problem of the reward of virtue. It has always contented itself
with the punishment of vice and has given its law threatening, but not
encouraging, sanctions. This attitude shows that it has always had a
clear conception of its moral task. In its positive law it never
included anything but that minimum of Morality that was absolutely
necessary to its existence, and without which it would dissolve into its
original elements, its order would be replaced by chaos, by the war of
all against all. It must insist on the observance of this minimum; it
must use forcible means to achieve this. But it does not feel justified
in demanding more than this minimum, because more is not claimed by its
instinct of self-preservation. A surplus of virtue over and above the
amount necessary for the life of society is desirable; but it does not
lie within the scope of the natural functions of the community,
determined by its organic necessities, to achieve this by compulsion
and the provision of legal rewards as an encouragement. It is the
business of the individual to work at his own moral improvement, and the
community cannot interfere directly in the matter. It is enough that it
encourage this work indirectly by bestowing care on the culture and
education of the individual, by making it the duty of its public schools
to inculcate good principles, and by creating a public opinion which
surrounds all the activities of higher morality with admiration, respect
and gratitude. The moral education of the individual is not an object
with which laws are concerned; it is the result of the constant, vital
influence of the community, and can have no sanction other than the
increase of well-being of every single person within the social union,
which is a natural consequence of raising the moral level of the
community.
The penal sanctions of positive law have a gross materialism about them
corresponding to the definite concreteness of the actions with which
positive law deals. The broad field of Morality, however, which is
outside the narrow sphere of the laws, has no room for sanctions of a
material nature. The penalties prescribed by law are directed to actions
which, if they became general, would in a very short space of time
result in the dissolution of society. The community essays by forcible
measures to prevent this kind of action, and these measures more or less
fulfil their aim, whether you interpret their use on the theory of
discipline, of expiation and purification by repentance, of improvement
and moral re-birth, or of intimidation. All these theories were invented
later on, after the community had been convinced by experience that
punishment, if it does not entirely prevent crime, at least limits it
sufficiently to make the continued existence of society possible, and
more or less to guarantee to its members the safety of their life, their
property and their personal dignity.
Public-domain text, read in full here on John Shaqi.
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