Morality includes the Law, whereas Law is only a part of Morality. Owing
to its coercive nature, the Law is obliged to be concrete and material
and to ignore all the imponderable, barely perceptible, spiritual and
dream-like things which hover round Morality, surround it with an
atmosphere and transport it beyond definite boundaries into the realm of
the unconscious and visionary. The total exclusion of the element of
feeling which Morality includes, constitutes the most profound
difference between it and the Law. Law protects order but knows no love.
The separation of Law from Morality is due to the pressure of
selfishness which thinks it has made the greatest possible concession
when it rises to the height of saying with Ulpian: "_Neminem laedere.
Suum cuique reddere. Honeste vivere._" Injure no one; that is, refrain
from the ruthless use of force; render to each his own; that is, do not
retain in rascally fashion what belongs to another; live honourably;
that is, give no offence to your neighbour by disorderly conduct and
depravity.
Well and good. At a pinch one can live like that. But the words pity,
kindness, love of one's neighbour do not occur in Ulpian's pithy
statements, and the Law knows nothing of them.
The Law guards each man's well-earned possessions, but it bids no one
make sacrifices. Morality can demand these. It can insist that the
individual should freely, and urged by his own inner impulse, impose
sacrifices upon himself, reduce his possessions in favour of another,
disturb his personal comfort at any moment, perhaps even risk his life;
that is to say, that of his own free will he should do just those things
from which the Law carefully shields him. Where the Law says: injure no
one! Morality says often enough: injure yourself to do good to your
neighbour. Where the Law says: to each man his own! Morality not seldom
says: to each man your own if he needs it more than you do. Morality
counts on the existence of a quality of which the Law has no need:
Sympathy. To be moral we must feel in our own being at the time, or
retrospectively, the subjective experiences of our neighbour, with the
same quality of emotion that he feels; his pain must be our pain, as his
pleasure must be our pleasure. For the man who cannot do this--who
realizes in his mind the circumstances of his neighbour only as an
image, and without the concomitant note of feeling--it is impossible to
rise to the height of Morality. It is not his fault, for the gift of
sympathy is an organic disposition, which you either do or do not
possess, which you can develop or suppress, but which you cannot create
if it is lacking. Nevertheless, the lack of sympathy is a pitiable
infirmity, for it prevents a man from scaling the heights of Morality.
Public-domain text, read in full here on John Shaqi.
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