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
In the first place, not all human claims and interests are or can be
protected by law. It is not the purpose of law to be rigid. However
many statutes, for example, are enacted year by year, the interests
they are supposed to protect increase too rapidly to be covered by
such statutes. Moreover, as in the case with the right of ownership,
many powers and privileges are granted, the exact enjoyment or
exercise of which no law could either predict or circumscribe. Hence
there always remains a residue of interest that is not comprised
within the scope of matured legal tradition. But it is just these
newer interests for which some persons demand most emphatically
the right to be satisfied. We live not in the past, but on the
foremost edge of time, and we are prone to demand as much support
for our youngest claims as for those which have a thousand years of
legal recognition behind them. Now, undoubtedly, many claims are
insufficiently recognized by law. When, however, in the pause before
this recognition is secured, people begin to claim for such interests
a “superior” moral right to be satisfied, and in comparison to that
“superior” right assert that legal rights are merely unfounded
prejudices, the charge of inconsistency can be leveled directly
against them. Ignorance of the function and scope of the law is
no excuse for holding it up to ridicule. Indeed, it is not at all
certain that the law could include the satisfaction of every human
claim and interest whatever without becoming itself destroyed by this
inclusion.
In the second place, there are some persons in whom the law’s
delays, as well as their experience with the _un_evenhandedness of
justice, has provoked a deep-seated prejudice against particular
lawyers and jurists, which prejudice, by means of the fallacy of
composition, they readily transmute into a scorn for whatever is
expressly denominated as legal. Under such conditions the penchant
for moral rights may be often nothing but the product of a mind that
has become malcontent with things as they are; with the result that
solace is sought in the fiction of a set of moral rights which are
regarded as possessing a “higher” or final authority. From such a
person come Examples Nos. 59 and 76, recently cited. Two comments
can be made upon such a case as this. The first of these is that it
is quite certain that no man who has become so pessimistic will see
his way clear to the solution of the problem that has given him so
much tragic concern. As Spinoza says, “The will and the intellect are
one and the same,” but as Spinoza also hinted, the intellect and the
emotions are not. Moreover, such malcontentedness is relatively easy
to annul: let anyone who curses the law begin to make use of it to
his advantage, and his “suppressed complex,” as the Freudians would
say, rapidly evaporates.
Public-domain text, read in full here on John Shaqi.
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