The Origin of the Knowledge of Right and WrongBrentano, Franz
Philosophy
The Origin of the Knowledge of Right and Wrong
Brentano, Franz
Ethics
48. Nevertheless it was then night; though a night which heralded the
coming day, and the dawn of that day witnessed assuredly the most
glorious sunrise which, in the history of the world is yet to rise into
full splendour. I say, is to rise, not has risen, for we still see the
light struggling with the powers of darkness. True ethical motives, in
private as in public life, are still far from being everywhere the
determining standard. These forces--to use the language of the
poet[A]--prove themselves still too little developed to hold together
the structure of the world; and so nature,--and we have need to be
thankful that it is so--keeps the machine going by hunger and love, and,
we must also add, by all those other dark strivings which, as we have
seen, may be developed from self-seeking desires.
[A] Schiller.
49. Of these, and their psychological laws the jurist must, therefore,
if he would truly understand his time, and influence it beneficially,
take cognizance, as well as of the doctrines of natural right and
natural morality which our inquiry has shown to be not the first but--in
so far as hope in the realization of a complete ideal may be cherished
at all--will be the last in the history of the development of law and
morality.
Thus the near relationships of jurisprudence and politics of which
Leibnitz spoke, become evident in their full range.
Plato has said: “It will never be well with the state until the true
philosopher is king, or kings philosophize rightly.” In our
constitutional times we should express ourselves better by saying that
there will never be a change for the better regarding the many evils in
our national life until the authorities, instead of abolishing the
limited philosophical culture required for law students by the existing
regulations, shall rather strive hard to secure that for their noble
profession they shall really receive an adequate philosophical culture.
NOTES
[1] (_p. 2_). Cf. “Über die Entstehung des Rechtsgefühls.” Lecture by
Dr. Rudolf von Ihering, delivered before the Vienna Law Society, March
12, 1884 (_Allgem. Juristenzeitung_, 7 Jahrg., No. 11 seq., Vienna,
March 16-April 13, 1884). Cf. further, v. Ihering, _Der Zweck im
Recht_, vol. ii. Leipzig, 1877-83.
[2] (_p. 2_). For the first point, cf. _Allgem. Juristenzeitung_, 7
Jahrg. p. 122 seq., _Zweck im Recht_, vol. ii. p. 109 seq. For the
second point _Allgem. Juristenzeitung_, 7 Jahrg. p. 171, _Zweck im
Recht_, pp. 118-123. It is here denied that there is any absolutely
valid ethical rule (pp. 118, 122 seq.); further every “psychological”
treatment of ethics, according to which ethics is represented “as twin
sister of logic” is contested.
[3] (_p. 4_). _Allgem. Juristenzeitung_, 7 Jahrg., p. 147; cf. _Zweck
im Recht_, vol. ii. p. 124 seq.
[4] (_p. 4_). Aristotle, _Politics_, i. 2, p. 1252 b. 24.
[5] (_p. 4_). Cf. e.g. _Allgem. Juristenzeitung_, 7 Jahrg. p. 146.
[6] (_p. 5_). _Rep._ 2. 31.
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