The Origin of the Knowledge of Right and WrongBrentano, Franz
Philosophy
The Origin of the Knowledge of Right and Wrong
Brentano, Franz
Ethics
It is in this connexion that the injunction to take thought in the
first instance for oneself, a precept to be found in every system
of morality, is justifiable: “γνῷθι σαυτόν,” “Sweep before your own
doorstep,” etc. The demand to seek first of all the welfare of wife
and child, home and fatherland, is also universal. The command: “Take
no thought for the morrow,” in the sense in which it really offers
wise counsel, also flows as a result from the same source. That
my future happiness ought not to be so _dear_ to me as my present
happiness is not here implied.
So regarded, the communistic doctrines which illogical impetuosity
would seek to derive from the lofty principle of universal brotherhood
are shown to be unjustifiable.
[44] (_p. 29_). The fact that we are often unable to measure the more
remote results of our actions offers a more serious difficulty.
But even this thought will not discourage us if we love the universal
good. It may be said of all results which are unrecognizable in an
exactly equal degree, that one has just as many chances in its favour
as the others. According to the law of great numbers a compensation
will on the whole result, and so whatever calculable good we create
will stand as a plus on the one side and, just as though it stood
alone, will justify our choice.
From the same point of view, as I have already suggested in the
lecture (p. 22), the doubt is removed which in a similar manner might
arise through uncertainty as to whether everything that is good draws
from us a love having the qualification of rightness, and whether,
therefore, we are able to recognize it as good and to take due account
of it.
[45] (_p. 29_). That in the case of the limits of right
(Rechtsgrenzen) we have essentially to do with spheres which lie at
the disposal of the individual will has been frequently emphasized
both by philosophers (cf. in this respect e.g. Herbart’s Idea of
Right) and by able jurists. Ihering in his _Geist des römischen
Rechts_, iii. 1 (p. 320 note), demonstrates this with numerous
citations. Arndt e.g. in his _Handbuch der Pandekten_ defines law as
“supremacy of the will regarding an object”; for Sintenis it is, “the
will of one person raised to the universal will.” Windscheid defines
it as “a certain volition (Willensinhalt) of which the legal code in
a concrete case affirms that it may be made valid as against every
other will.” Puchta, who has perhaps expressed the thought in the
most manifold ways, says in his digest of Roman law, section 22, “as
the subjects of such a _will_ thought of potentially men are called
persons, ... personality is therefore the subjective possibility of
the legalized will, of a legal power.” In the same work (section 118,
note b) he observes in regard to a want of personality: “The principle
of modern law is inability to dispose of property”; many other of his
expressions convey the same meaning.
Public-domain text, read in full here on John Shaqi.
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