The Contemporary Review, Volume 36, October 1879Various
History
The Contemporary Review, Volume 36, October 1879
Various
Arts -- Periodicals; Literature -- Periodicals; Political science -- Periodicals
ignore moral considerations in trade. Yet the State deserves no
reverence, if it be not moral. Laws and enactments, framed by minds
reckless of morality, are apt to be, on the one side unjust and
oppressive, on the other eminently corrupting. A State which gains
revenue from a vicious trade, such as gambling and debauchery,
demoralizes its people so effectually as to deserve reprobation rather
than reverence. According to the ancients, the lawgiver begins to
civilize society and to earn veneration by establishing marriage and
sanctifying the family. Are we to say, "We have changed all that now;
let the Church care for morality: it is no concern of the State?" Who
first taught such sentiment as wise policy, it is not easy to say; but
it certainly has, in practice, if not in theory, attained a deadly
currency. It never was the doctrine of Adam Smith. It is obviously a
sure road to ruin, if its development be unopposed.
A legislator, of course, ought not to guide his enactments by the
morality of any one school. If, in Greek fashion, we were to set up an
Epimenides, a Solon, a Lycurgus, as plenipotentiary to start us in a new
course, there might be some little danger of one-sided and conceited
morals; yet not much, even so; for a very one-sided or very stupid man
would hardly be elected: every lawgiver wishes his new institutions to
be permanent, and is sure to have some regard to the friction which they
would encounter in working. But where the legislation must have
sanction, not from one man, but from a thousand men, of whom six hundred
are elected from different circles of mixed ranks, from diverse
localities, where forms and schools of religion, based on variety of
thought, prevail, it is evidently impossible that in the laws
collectively approved any moral ideas should dominate, except those
which are common to all who are morally cultivated. To dread moral
considerations in the debates of an English Parliament, lest the
morality prevailing in its laws become one-sided and arbitrary, pedantic
and ascetic, is so baseless, so wanting in good sense, as scarcely to
seem sincere. When people tell us, "We shall be liable to have laws
against dancing and cardplaying, or laws compelling us to go to church,
if we insist that legislation ought to study for the public virtue,"
they not only make themselves ridiculous, they even force us to suspect
that they fear lest vice be repressed in ways inconvenient to the
vicious. So much is premised, lest it be imagined or pretended that in
pointing at moral limits to beneficial commerce any morality is desired
less broad than that which all noble and well-reputed schools
accept--the morals of mankind. At the same time, what is here advanced
is intended to bear less immediately on law than on the general tenor of
public opinion and practical writing.
Public-domain text, read in full here on John Shaqi.
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