§ 2. Accepting, then, the common division[127] of duties into
self-regarding and social, it may be conceded that as far as the first
are concerned the view that we are examining is not likely to provoke
any controversy: for by ‘duties towards oneself’ are commonly meant
acts that tend directly or indirectly to promote one’s happiness. We
may therefore confine our attention to the social department of Duty,
and consider whether by observing the moral rules that prescribe
certain modes of behaviour towards others we shall always tend to
secure the greatest balance of happiness to ourselves.
Here it will be convenient to adopt with some modification the
terminology of Bentham; and to regard the pleasures consequent on
conformity to moral rules, and the pains consequent on their violation,
as the ‘sanctions’ of these rules. These ‘sanctions’ we may classify
as External and Internal. The former class will include both ‘Legal
Sanctions,’ or penalties inflicted by the authority, direct or
indirect, of the sovereign; and ‘Social Sanctions,’ which are either
the pleasures that may be expected from the approval and goodwill of
our fellow-men generally, and the services that they will be prompted
to render both by this goodwill and by their appreciation of the
usefulness of good conduct, or the annoyance and losses that are to
be feared from their distrust and dislike. The internal sanctions
of duty--so far as it diverges from the conduct which self-interest
apart from morality would dictate--will lie in the pleasurable emotion
attending virtuous action, or in the absence of remorse, or will
result more indirectly from some effect on the mental constitution of
the agent produced by the maintenance of virtuous dispositions and
habits. This classification is important for our present purpose,
chiefly because the systems of rules to which these different sanctions
are respectively attached may be mutually conflicting. The Positive
Morality of any community undergoes development, and is thus subject
to changes which affect the consciences of the few before they are
accepted by the many; so that the rules at any time sustained by the
strongest social sanctions may not only fall short of, but even clash
with, the intuitions of those members of the community who have most
moral insight. For similar reasons Law and Positive Morality may be
at variance, in details. For though a law could not long exist, which
it was universally thought wrong to obey; there may easily be laws
commanding conduct that is considered immoral by some more or less
enlightened fraction of the community, especially by some sect or party
that has a public opinion of its own: and any individual may be so much
more closely connected with this fraction than with the rest of the
community, that the social sanction may in his case practically operate
against the legal.
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