The Origin of the Knowledge of Right and WrongBrentano, Franz
Philosophy
The Origin of the Knowledge of Right and Wrong
Brentano, Franz
Ethics
A third objection of Ihering’s, i.e. that by a limitation of rights
as affecting spheres of will, even the most senseless dispositions of
will must be allowed legal validity (p. 325), this offers, after what
has been said, hardly any further difficulty. Certainly many a foolish
disposition of will must be allowed. Were the State not to admit
this, then it alone would possess a definitive right of disposal; all
private right would be at an end. So long as not merely subjects, but
also governments, are liable to commit acts of foolishness, such an
extension of the power of the State cannot be recommended. For the
rest, just as secondary ethical rules in general suffer exceptions,
and in particular expropriations in the case of private owners are
frequently necessary, so also it is clear and to be admitted without
contradiction, that senseless dispositions or dispositions which have
evidently lost all meaning and reference to the highest practical good
can be annulled by the State. Regard for the highest practical good
is here, as is the case of every other so-called collision of duties,
decisive.
[46] (_p. 29_). That a law, which in and for itself is bad and
contrary to nature, however condemnable from an ethical point of view,
and its modification urgently necessary, may yet in many cases receive
a provisional sanction from the reason, this has long been recognized
and made clear, as e.g. by Bentham in his _Traités de Législation
civ. et pén._ In antiquity Socrates, who deemed himself worthy to be
feasted in the Prytaneum, died for the sake of this conviction. The
positive legal code, despite all its defects, creates a condition
of things which is better than anarchy, and since each act of
insubordination to the law threatens to injure its force in general,
so in those circumstances brought about by the law itself, it may be
that provisionally and for the individual a mode of action even from
the rational standpoint is right, which, apart from this, would be in
no way justifiable. All this results without doubt from the relativity
of the secondary ethical rules, which will be treated later.
It may be added that errors respecting the laws of positive morality
(a point shortly to be discussed in the lecture) in a similar way
demand, under certain circumstances, to be taken into account.
It dare not, on the other hand, be overlooked that there are here
limits, and that the saying: “We ought to obey God rather than man,”
may not, in its free and sublime range, be allowed to suffer injury.
[47] (_p. 29_). Heraclitus of Ephesus (B.C. 500), the
oldest of the Greek philosophers, of whose philosophy we possess
rather extensive fragments.
[48] (_p. 31_). Ihering, _Der Zweck im Recht_, vol. ii. p. 119, and
other passages.
[49] (_p. 31_). _Politics_, vol. i. chap. 5.
[50] (_p. 31_). _Nic. Ethics_, v. 14, p. 1137 b. 13. _Politics_, iii.
and iv.
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