Secondly, the boundaries of jurisprudence and of ethics are by no means
clear. Jurisprudence is more narrowly confined. It has no right to lay
claim to or to pass a verdict upon everything which ethics may discover
or attain. Laws and the constraint they imply are a necessary evil,
a crutch for the lame and defective social conscience. They must be
reduced to an indispensable minimum. The ethical and social instincts,
on the other hand, can never be too highly developed. Humanity must
gradually develop in the future to such a point that jurisprudence may
be completely replaced by an instinctive and inculcated social impulse.
“Es erben sich Gesetz und Rechte
Wie eine ew’ge Krankheit fort.”[C]
[C] “Laws and statutes pass on in heritage, like an eternal
disease.”――Goethe, _Faust_.
In order now properly to understand our actual subject, viz. sexual
ethics, we must state the fact that an action, as well as the motives
which inspire it, may be either (1) _ethically positive_, i.e. good;
(2) _ethically negative_, i.e. evil; or (3) _ethically indifferent_,
i.e. without any relation to morals.
In their relationship to morals an action and its motive may be
completely independent of one another, as we have already seen.
We must further note that there are various degrees of duty, and that
from this cause conflicts may arise. There are duties towards one’s
self, which serve to increase the worth, and particularly the social
worth, of the individual by self-culture and education. In these days
of effeminate culture it is too often forgotten that self-discipline
and restraint, and even a certain degree of asceticism, fit the
individual for freedom and happiness, while the craving for pleasure
makes him useless and dependent.
Then there are duties towards the family and those nearer to us,
towards the State, towards existing Humanity, and towards posterity.
This last duty is the highest of all. Everything that we enjoy to-day
in culture and knowledge we owe to the toil, the suffering, and often
the martyrdom of our forefathers. Our most sacred duty is, therefore,
to secure for our descendants a loftier, happier and worthier existence
than our own.
Speaking generally, a rational system of morals must subordinate the
welfare of the individual to that of the community at large. A man who
is unprejudiced and possesses the ethical and social instinct will
therefore hold it as a principle first of all to do no man any injury;
then to develop his own individuality as highly as possible, which will
be both for his own good and that of the community; and as far as in
him lies to be of service to others and to Humanity.
From this we may derive the following commandment of sexual ethics:――
_Thou shalt take heed in thy sexual desire, in its manifestations in
thy soul, and chiefly in thy sexual acts, that thou do no hurt to
thyself nor another, nor, above all, to the race of men; but shalt
strive with thy might to increase the worth of each and all._
Public-domain text, read in full here on John Shaqi.
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