The Origin of the Knowledge of Right and WrongBrentano, Franz
Philosophy
The Origin of the Knowledge of Right and Wrong
Brentano, Franz
Ethics
At any rate, the decision as to the former question, whatever Ihering[5]
himself may think to the contrary, does not in any way prejudge the
latter. Innate prejudices do exist; these are natural in the former
sense, but they lack natural sanction; whether true or false, they
possess no immediate validity. On the other hand, there are many
propositions recognized after a natural manner, which are incontestably
certain and have universal validity for all thinking beings, which,
however, as, for example, the Pythagorean theorem are anything but
innate, else the blissful first discoverer had never offered his
hecatomb to the god.
6. In what has been said I have made it sufficiently evident how, when I
speak of natural sanction, I understand the notion of sanction. Yet it
will be well to linger a moment in order to exclude another inadequate
view.
“Sanction” signifies “making fast.” Now a law may be fixed in a double
sense:
(1) It may be fixed in the sense of becoming law, as when a
proposed law receives validity by ratification on the part of the
highest legislative authority.
(2) In the sense of being rendered more effectual by attaching to
it positive punishments, perhaps also rewards.
It is in this latter sense that sanction was spoken of by writers of
antiquity, as when Cicero[6] says of the leges Porciae: “Neque quicquam
praeter sanctionem attulerunt novi”; and Ulpian:[7] “Interdum in
sanctionibus adijicitur, ut qui ibi aliquid commisit, capite puniatur.”
It is in the former sense that the expression is more usual in modern
times; a law is said to be “sanctioned” when it secures validity by
receiving confirmation at the hands of the highest authority.
Manifestly sanction in the second sense presupposes sanction in the
first, which sanction is the more essential, since, without it, the law
would not truly be law at all. Such a natural sanction therefore is of
the last necessity if anything whatever is to bear by nature the stamp
of law or morality.
7. If we now compare with such a view what has been said by philosophers
concerning the natural sanction for morality, it will be easily seen how
often they have overlooked its essential character.
8. Many think that they have discovered a natural sanction in respect of
a certain line of conduct when they have shown that a certain feeling of
compulsion so to act is developed within the individual. Since every
one, for example, renders services to others in order to receive similar
services in return, there at last arises a habit of performing such
services even in cases where there has been no thought of recompense.[8]
This it is which is thought to constitute the sanction for love of our
neighbour.
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