The ethics of Hercules : $b A study of man's body as the sole determinant of ethical valuesGivler, Robert Chenault
Philosophy
The ethics of Hercules : $b A study of man's body as the sole determinant of ethical values
Givler, Robert Chenault
Ethics; Psychophysiology
Briefly stated, law originated as a means to protect men against
loss of property, against bodily harm, and against damage to their
personality through the actions of their fellows. It did not
originate as a means to prevent or repair the damage to life or
property caused by cloudbursts or lightning, or the loss of income
brought about by avalanches, laziness, or disease; it had only to do
with actions for which some man could be held responsible. Now the
actions which produce the loss of property, bodily harm, and damage
to personality are usually actions arising from, as well as leading
to, emotional disturbances. Theft, murder, and libel, for example,
are about the most potent stimuli to violent retaliation that can be
provided. Nevertheless, it is sound psychology that most emotions
quickly cool if the stimulus be withdrawn, that wrath has to be
nursed if it is to be kept warm, and that absence does not make the
heart grow fonder. Here is where the law performs its chief function.
For the law is simply an ingenious device to get a judgment on
the conflict of human interests which shall not be tinged with the
passions that provoked the conflict. And while legal procedure may
not always be fair, especially in the eyes of the loser, its methods
certify that it shall not be precipitous or rancorous in rendering a
decision. Legal rights, therefore, are not equivalent to the capacity
for revenge, but rather consist in the ability to get old quarrels
looked at by new and unbiased eyes. Herein consists much of the
prestige of the law, and since prestige has always been regarded as a
kind of power, men are not slow to employ it in the establishment of
their claims and the protection of their interests.
Public-domain text, read in full here on John Shaqi.
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