The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
Definition of law--Philosophical and empirical concept of society--Laws
as individual product: programmes of individual life--Exclusion of
the character of constriction: critique of this concept--Identical
characters of individual and social laws--Individual laws as the sole
real in ultimate analysis--Critique of the division of laws into
judicial and social, and into the sub-classes of these. Empiricity of
every division of laws--Extension of the concept of laws.
II
THE CONSTITUTIVE ELEMENTS OF LAWS. CRITIQUE OF PERMISSIVE LAWS AND OF
NATURAL LAW 481
The volitional character and the character of class--Distinction of
laws from the so-called laws of nature--Implication of the second
in the first--Distinction of laws from practical principles--Laws
and single acts--Identity of imperative, prohibitive, and permissive
laws--Permissive character of every law and impermissive character
of every principle--Changeability of laws--Empirical considerations
as to modes of change--Critique of the eternal Code or natural
right--Natural right as the new right--Natural right as Philosophy
of the practical--Critique of natural right--Theory of natural right
persisting in judicial judgments and problems.
III
UNREALITY OF LAW AND REALITY OF EXECUTION. FUNCTION OF LAW IN THE
PRACTICAL SPIRIT 497
Law as abstract and unreal volition--Ineffectually of laws
and effectuality of practical principles--Exemplificatory
explanation--Doctrines against the utility of laws--Their
unmaintainability--Unmaintainability of confutations of them--Empirical
meaning of these controversies--Necessity of laws--Laws as preparation
for action--Analogy between practical and theoretical Spirit: practical
laws and empirical concepts--The promotion of order in reality and in
representation--Origin of the concept of plan or design.
IV
CONFUSION BETWEEN LAWS AND PRACTICAL PRINCIPLES. CRITIQUE OF PRACTICAL
LEGALISM AND OF JESUITIC MORALITY 511
Transformation of principles into practical laws: legalism--Genesis
of the concept of the practically licit and indifferent--Its
consequence: the arbitrary--Ethical legalism as a simple special case
of the practical--Critique of the practically indifferent--Contests
of rigorists and of latitudinarians and their common error--Jesuitic
morality as doctrine of fraud on moral law--Concept of legal
fraud--Absurdity of fraud against oneself and against the
moral conscience--Jesuitic morality not explainable by mere
legalism--Jesuitic morality as alliance of legalism with theological
utilitarianism--Distinction between Jesuitic practice and doctrine.
V
JUDICIAL ACTIVITY AS GENERICALLY PRACTICAL ACTIVITY (ECONOMIC) 526
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