Old-Fashioned Ethics and Common-Sense Metaphysics: With Some of Their ApplicationsThornton, William Thomas
Philosophy
Old-Fashioned Ethics and Common-Sense Metaphysics: With Some of Their Applications
Thornton, William Thomas
Metaphysics; Utilitarianism
If, on the other hand, the legislative authority be autocratic, or if it
represent only certain favoured sections of the community, then none of
its enactments, however wise and good, of which a majority of the public
disapprove, and which interfere with the rights termed by Mr. Mill
'moral,' are morally binding, except on the legislators themselves and
their immediate constituents. Any one else may quite blamelessly break
the law, and resist any privilege thereby created, though he must, of
course, be prepared, in case of detection, to take the legal
consequences of his disobedience. For example, protective duties,
however impolitic, if imposed because a majority of the nation were of
opinion that a certain branch of domestic industry had better be
fostered by protection, could not be evaded without injustice to those
engaged in the protected industry, though there would be no injustice in
smuggling, if they had been imposed in opposition to the general sense
of the public by a packed Parliament or an absolute monarch. The same
legal monopoly, which in the one case could not be justly evaded, could
not in the other be justly enforced. A legal privilege, in short,
becomes a right only when a majority of those at whose expense it is to
be exercised, have formally consented either directly or indirectly to
its being exercised; and it then becomes a right solely because an
engagement has been entered into, in virtue of which, whatever is
requisite for its satisfaction has become due. Thus it appears that,
whatever legal rights are genuine, and are not at the same time 'moral'
rights also, resolve themselves into specimens of the right to
fulfilment of engagements, and belong not more to the first than to the
fourth of Mr. Mill's categories, to which latter, therefore, we may at
once transfer our attention.
Public-domain text, read in full here on John Shaqi.
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