Still more when considered in the concrete, than when considered in
the abstract, do the views of Hobbes and his disciples prove to be
inconsistent. Joining in the general belief that without such security
for life as enables men to go fearlessly about their business, there
can be neither happiness nor prosperity, individual or general, they
agree that measures for preventing murder, manslaughter, assault,
etc., are requisite; and they advocate this or that penal system as
furnishing the best deterrents: so arguing, both in respect of the
evils and the remedies, that such and such causes will, by the nature
of things, produce such and such effects. They recognize as inferable
_à priori_, the truth that men will not lay by property unless they
can count with great probability on reaping advantages from it; that
consequently where robbery is unchecked, or where a rapacious ruler
appropriates whatever earnings his subjects do not effectually hide,
production will scarcely exceed immediate consumption; and that
necessarily there will be none of that accumulation of capital required
for social development, with all its aids to welfare. In neither case,
however, do they perceive that they are tacitly asserting the need
for certain restraints on conduct as deducible from the necessary
conditions to complete life in the social state; and are so making the
authority of law derivative and not original.
If it be said by any belonging to this school that certain moral
obligations, to be distinguished as cardinal, must be admitted to have
a basis deeper than legislation, and that it is for legislation not to
create but merely to enforce them--if, I say, admitting this, they go
on to allege a legislative origin for minor claims and duties; then
we have the implication that whereas some kinds of conduct do, in the
nature of things, tend to work out certain kinds of results, other
kinds of conduct do not, in the nature of things, tend to work out
certain kinds of results. While of these acts the naturally good or
bad consequences must be allowed, it may be denied of those acts that
they have naturally good or bad consequences. Only after asserting
this can it be consistently asserted that acts of the last class
are made right or wrong by law. For if such acts have any intrinsic
tendencies to produce beneficial or mischievous effects, then these
intrinsic tendencies furnish the warrant for legislative requirements
or interdicts; and to say that the requirements or interdicts make them
right or wrong is to say that they have no intrinsic tendencies to
produce beneficial or mischievous effects.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account