The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
It would be exaggerated no doubt, I willingly grant it, to take away from
repression every mark of moral reparation, all weight of “reformative
power”; but I am always shocked to hear partial responsibilities spoken
of. From the social point of view, the responsibility remains perfect;
it is united, indeed, to the very act of having caused injury, beyond
all appreciation. From the point of view of the individual, the word
responsibility has the grave inconvenience of implying that the quantity
of liberty or free-will attributable to the delinquent is measured.
It would be less compromising and more exact, to value simply the
quality, the worth of the delinquent, according to the totality of
his affective, intellectual, voluntary, and pathological character,
according to the nature and the conditions of the act of which he is
accused, etc. We should thus escape contradictions of words which easily
become contradictions of fact; we should no more stumble at this latent
difficulty of free-will, in medium cases—for _serious cases_ are never
difficult. Words exercise a tyranny which jurists would do well to
distrust.
Is not this, moreover, just about what M. Maus means by his favorite
formula—that justice ought “to individualise as much as possible”? It is
a pity only that he does not present his conclusions with the requisite
clearness. His exposition is not distinct and frank. He has mental
habitudes, subtilities of reasoning, which are of value at the Palais,
but which it is suitable to rid oneself of when writing a book: his would
gain much by being entirely remodeled, made clear and disentangled.
* * * * *
M. E. DE LAVELEYE offers to the public a fourth edition, revised and
considerably augmented, of his great work, _De la propriété et de ses
formes primitives_. We have not to recall the numerous facts which this
work contains and the knowledge of which has become sufficiently general;
nor to commend M. de Laveleye, who no longer expects fresh praises for
it. I have only to express the regret that he should have retained the
theory of property expounded in the last chapter of his book, or rather
the metaphysical conception of right with which he connects it. It seems
as if he wished to excuse himself from reducing property to the simple
value of a fact, modifiable in its forms, by indicating as a fixed point
an “order” which shall be the best, which shall be _known_ and _wished_
of God, _sought_ and _realised_ by man.
Public-domain text, read in full here on John Shaqi.
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