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
A casual glance at the appended list of the members of this class
might lead one to consider them simply as a continuation of legal
rights, but this is by no means the case. Albeit moral rights are
identical with legal rights in so far as they imply a multitude
of human claims and interests, they are nevertheless emphatically
different from them on a much more important point. Moral rights lack
all implications of an organized physical force to compel their
recognition. The only compulsions that can be said to assist in the
establishment of the claims and the protection of the interests
comprised under the scope of moral rights are the approval and
disapproval of the group which undertakes to recognize and support
them. In fine, these compulsions amount to the force of public
opinion. And while this force is at times provocative of changes
in the method or content of the law which may later be recognized
as good, on the whole, public opinion is usually so unspecific and
inconstant as to be wholly negligible as a power to enforce any
demands. Certainly no jurist regards moral right as obligatory.
On still another count moral rights show a serious defect. For when
we say that the enforcement of the claims and interests comprised
within the scope of moral rights depends upon the approval of the
group, it must not be supposed that the actions of any group and the
actions which it approves are necessarily one and the same. This
is a sour paradox, but its appropriateness cannot be successfully
denied. The standard of conduct which any group subscribes to under
pressure, either in writing, or before an audience, is singularly
different from the behavior of the group under easier circumstances.
Moreover, it is the exception, and not the rule, for those who
dominate a group,—whether such masters be parents, political bosses,
or any other form of lordling,—to hold their charges to a stricter
accountability than they themselves, removed from correlative
restraints, recognize as imperative. Doubtless, in the execution of
the law, many a time privileges are granted to people of wealth and
prestige which are denied to the humbler petitioners at the bar; but
the difference between legal and moral practice is significantly
this: that in legal practice evasions are no integral part of the
machinery. This does not amount to a condemnation of moral rights:
it is merely holding up the mirror to man, in order that he may see
himself clearly. All in all, consistency may be as impracticable as
it has been unsought for in the daily affairs of men.
However, when we consider the unusual claims made in behalf of moral
rights, there are valid exceptions to be taken to them. For while in
the strict legal sense, moral right is impotent, yet according to
the expressed opinion of the untutored majority, moral right is far
mightier than legal right. Let us see why this is so.
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