I think that this interpretation expresses a part of the meaning
with which the words ‘ought’ and ‘duty’ are used in ordinary thought
and discourse. For we commonly use the term ‘moral obligation’ as
equivalent to ‘duty’ and expressing what is implied in the verb
‘ought,’ thus suggesting an analogy between this notion and that of
legal obligation; and in the case of positive law we cannot refuse
to recognise the connexion of ‘obligation’ and ‘punishment’: a law
cannot be properly said to be actually established in a society if it
is habitually violated with impunity. But a more careful reflection on
the relation of Law to Morality, as ordinarily conceived, seems to show
that this interpretation of ‘ought’--though it cannot be excluded--must
be distinguished from the special ethical use of the term. For the
ideal distinction taken in common thought between legal and merely
moral rules seems to lie in just this connexion of the former but not
the latter with punishment: we think that there are some things which a
man ought to be compelled to do, or forbear, and others which he ought
to do or forbear without compulsion, and that the former alone fall
properly within the sphere of law. No doubt we also think that in many
cases where the compulsion of law is undesirable, the fear of moral
censure and its consequences supplies a normally useful constraint on
the will of any individual. But it is evident that what we mean when we
say that a man is “morally though not legally bound” to do a thing is
not merely that he “will be punished by public opinion if he does not”;
for we often join these two statements, clearly distinguishing their
import: and further (since public opinion is known to be eminently
fallible) there are many things which we judge men ‘ought’ to do,
while perfectly aware that they will incur no serious social penalties
for omitting them. In such cases, indeed, it would be commonly said
that social disapprobation ‘ought’ to follow on immoral conduct; and
in this very assertion it is clear that the term ‘ought’ cannot mean
that social penalties are to be feared by those who do not disapprove.
Again, all or most men in whom the moral consciousness is strongly
developed find themselves from time to time in conflict with the
commonly received morality of the society to which they belong: and
thus--as was before said--have a crucial experience proving that duty
does not mean _to them_ what other men will disapprove of them for not
doing.
Public-domain text, read in full here on John Shaqi.
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