Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2] — John Shaqi
Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]Stephen, Leslie
Philosophy
Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]
Stephen, Leslie
Ethics, Evolutionary; Social ethics
I invite you to consider a rather dry problem. I ventured to select this
topic because it has lately been my duty to occupy myself with certain
legal writings, which, perhaps, took me a little beyond my depth. They
touched, however, problems which are common to the lawyer and to the
moralist. Although not a lawyer, I am interested in some moral problems
which have also a legal aspect: What I propose to do this evening is, to
consider certain questions which lie in the region common to both
provinces of inquiry, and especially this question: What is the true
ethical theory of punishments inflicted by the criminal law? How, and in
what sense, are they to be regarded as just? There is, obviously, a
relation between the two codes--moral and legal. Murder is both a sin
and a crime: a breach of the moral law, and of the laws of every
civilised country. Yet, there is one broad and deep distinction between
the two systems of law. The moral law is essentially concerned with a
man's motives. To say that a man's conduct is wicked, is necessarily
also to say that it is the action of a bad man, or due to evil passions.
Murder is wicked, as it is the manifestation of the murderer's hatred of
his neighbour. The criminal law, on the other hand, has to deal, in the
first instance, with the external facts. It contemplates, primarily,
what a man does, not what he is. It does not attempt to punish every man
who hates his neighbour, but every man who has, in fact, killed, whether
the action springs from hatred or some other motive. Every one who
deliberately kills, unless the act falls under certain definite
exceptions, is guilty of murder. This, of course, does not imply that
the moral aspect is of no account. The exceptions are so arranged that
the legal classification corresponds roughly to the moral
classification. Under certain exceptions, killing is regarded as
justifiable homicide, and under others, it is only manslaughter, and,
therefore, receives none, or a slighter penalty. The coincidence between
the codes may thus be very close. In ninety-nine cases out of a hundred
the action condemned by the criminal law will be condemned by the
moralist. The man who is legally guilty of murder is also, almost
invariably, guilty of a great moral offence. Although, again, the moral
law applies to large classes of conduct, which are not within the
cognisance of the criminal law, it is, at least, plainly desirable that
the criminal law should condemn nothing which is not also morally wrong.
The sway of the moral law is universal; it applies to all conduct, and,
of course, to the conduct of legislators and judges: they and the law
which they define and apply should be consistent with the general law of
right and wrong. They and all of us are bound not to make virtue more
difficult nor vice easier.
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