We should fall into a great, a very childish blunder, if we believed
all the just and legal actions of mankind to have a moral origin. This
is far from being the case. As a rule, between the justice, which men
practise, and genuine singleness of heart, there exists a relation
analogous to that between polite expressions, and the true love of
one's neighbour, which, unlike the former, does not ostensibly overcome
Egoism, but really does so. That honesty of sentiment, everywhere
so carefully exhibited, which requires to be regarded as above all
suspicion; that deep indignation, which is stirred by the smallest
sign of a doubt in this direction, and is ready to break out into
furions anger;--to what are we to attribute these symptoms? None but
the inexperienced and simple will take them for pure coin, for the
working of a fine moral feeling, or conscience. In point of fact, the
general correctness of conduct which is adopted in human intercourse,
and insisted on as a rule no less immovable than the hills, depends
principally on two external necessities; first, on legal ordinance,
by virtue of which the rights of every man are protected by public
authority; and secondly, on the recognised need of possessing civil
honour, in other words, a good name, in order to advance in the world.
This is why the steps taken by the individual are closely watched by
public opinion, which is so inexorably severe that it never forgives
even a single false move or slip, but remembers it against the guilty
person as an indelible blot, all his life long. As far as this goes,
public opinion is wise enough; for, starting from the fundamental
principle: _Operari sequitur esse_ (what one does is determined by what
one is), it shows its conviction that the character is unchangeable,
and that therefore what a man has once done, he will assuredly do
again, if only the circumstances be precisely similar. Such are the two
custodians that keep guard on the correct conduct of people, without
which, to speak frankly, we should be in a sad case, especially with
reference to property, this central point in human life, around which
the chief part of its energy and activity revolves. For the purely
ethical motives to integrity, assuming that they exist, cannot as a
rule be applied, except very indirectly, to the question of ownership
as guaranteed by the state. These motives, in fact, have a direct and
essential bearing only on =natural= right; with =positive=
right their connection is merely indirect, in so far as the latter
is based on the former. Natural right, however, attaches to no other
property than that which has been gained by one's own exertion;
because, when this is seized, the owner is at the same time robbed of
all the efforts he expended in acquiring it. The theory of preoccupancy
I reject absolutely, but cannot here set forth its refutation.[2]
Now of course all estate based on positive right ought ultimately
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