But what about the effect of the doctrines which they advocated gently
or passionately, adducing proofs or uttering threats? To lend weight to
them they either appealed to God, threatening mankind with His wrath and
vengeance, or to Reason, which, according to them, could advise man only
for his good. Perhaps they could intimidate those who had blind faith
and convince the reasonable. But there are many of little faith, and
more still who are unreasonable, and on these the persuasion, warnings
and conclusions of the Moralists had no effect. For these it was
imperative to clothe the minimum of Morality, the minimum without which
no society can exist, in the definite form of laws, and so create the
Law to which the weapons of the community lend compelling force. Thus
the whole material of Ethics is divided into Morality and Law. The
Theologians and Scholiasts who trace all binding rules of human conduct
back to revelations of the Divine Will recognized on principle only one
single law: but the aspect of practical life made even them distinguish
between the "_lex indicativa_" and the "_lex præceptiva_," between an
indication or counsel and precept or command. The "_lex indicativa_" is
Morality, the "_lex præceptiva_" is the Law.
Codes are the normal expression of the Law. Not all Law is formulated in
this way, for there is a recognized Law of custom, but all laws,
codified or not, become a part of the prevailing Law. Naturally, and as
is only reasonable, all Law is pre-existent in the consciousness of the
majority, and the law-giver's rôle is limited to setting down in
paragraphs universally acknowledged principles dictated by public
opinion. However, there are an appreciable number of historical
instances in which this procedure is reversed; the law-giver, without
inquiring whether his ideas were in accord with the general conscience,
arbitrarily clothed his dictates to the community in paragraphs which it
had to accept as Law. It is clear that this procedure is extremely
risky. Even if the law-giver possesses superior wisdom, even if he is
far in advance of his people and his age, even if his intentions are of
the best, there is grave danger that the moral feeling of the people
will revolt against the laws thus forced on them. Outwardly they yield
to the pressure of public authority, but they obey the Law with a keen
inner sense of opposition; a chasm yawns between conscience and the
practice of the Law, ideas of Morality and Law become confused, the
moral foundation of all laws totters, and the public gets into the habit
of regarding the Law as something alien and hostile, which cannot be
disregarded with impunity, but which it is not only not culpable, but
even meritorious to evade.
Public-domain text, read in full here on John Shaqi.
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