These little traits, these concessions to personal demands, which to a
coarse mind do not seem obviously justified, go to prove that positive
Law continues to grow beyond the bounds of its unavoidably crude
materialism, and strives to rise into the regions of the unwritten law
of the Peripatetics, where ideal possessions are of more importance than
those which have traditionally come within the scope of criminal and
civil Law. Law and Custom have a natural tendency to approach more and
more nearly to one another, to become merged in one another where the
line that divides them is but faintly indicated. The closer the union
between them, the more perfect is the Morality of a society. Absolute
perfection would be reached if Law, which has been derived by
differentiation from Morality, should, after a protracted period of
development, return to its source and be completely merged again in
Morality. But that is a dream which can never be realized as long as
man is constituted as he is at the present time. Enthusiasts have
dreamed of it, and in their imagination have seen an anarchical and
lawless society in which no positive Law, no sanctions of force were
needed, and in which the understanding and conscience of individuals
would suffice to ensure the rule of good faith and goodness, and the
curbing of selfishness. As far as man can tell we shall never attain
this Utopia. We shall never be able to do without positive Law, not only
on account of undeveloped and perverse natures, in which animalism has
the upper hand of humanity, and which must be kept under strict
discipline, but because a sure guide is needed in cases of doubt and
irresolution which confuse even the good, nay, the best, men when
passion and violent desire, with their heavy thunderclouds, darken the
outlook of Reason, and judgment wavers amid the hurly-burly of a
spiritual tempest. All that we may hope for and should desire is that
Law should be filled with the spirit of Morality and embrace as many
moral ideas as possible.
It lies in the nature of the thing that Morality was never clearly and
definitely formulated, for as soon as this was done it assumed the
character of Law. It remained general and slightly vague, it spoke to
men in such indefinite terms as "good," "virtue," "duty," "love of one's
neighbour," "unselfishness," "patience"--terms into which everyone can
read the meaning which suits his thoughts and feelings. Mankind has
never lacked moral teachers. The Indian Shastras and the Chings,
Confucius and Meng Tse, the prophets of Israel and Ben Sirach, Plato
and the wise men of the Stoics, the Zend Avesta, Jesus and Paul, the
platonic ethics of Nicomachus, those of Epictetus and Marcus Aurelius,
thousands of years ago preached the principles which exhaust the whole
field of Morality, and beyond the essentials of which none of the later
moralists have gone; neither the "Imitation of Christ" nor Ibn Bachia,
Spinoza, the Scotch school and Kant, up to Wundt and Guyau.
Public-domain text, read in full here on John Shaqi.
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