The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
[Sidenote: _Exclusion of the character of compulsion and critique of
this concept._]
To this interrogation of ours, which does not express a doubt within
us, but states what seems to be an undeniable fact, defying any sort
of contradiction, may be objected (and it is a common objection)
that there is a great difference between individual laws and those of
society or of the State: these are compulsory, those are not; and for
this reason these are true laws, while the others are mere programmes.
But we cannot attach any importance to this objection, at least as thus
formulated; because, having now traversed the whole of the Philosophy
of the practical, general, and special, we have never met with what
is called compulsion in the circle of willing and doing, save in the
negative sense of deficiency of will and action. No action can ever
be compulsory; every action is free, because the Spirit is freedom;
there may not be action in a certain case, but a compulsory action
is inconceivable, since it is a question of terms that exclude one
another. Does the fact give the lie to our assertion? Let us examine
the fact for a little, face to face and without preconceptions. Let us
for this purpose take an extreme case: for instance, that of the law of
a most powerful despot, who, being in command of police, should order a
group of men to bring their first-born to sacrifice to the god in whom
he believes, but they do not. Are the men who hear this manifestation
of will constrained by it? What menace can make him who wishes to say
no, say yes? That group of men will rebel, will take up arms, will
rout the troops of the despot, will put him to death, or render him
incapable of harming; and in this hypothesis the law will not reveal
any character, of compulsion. But in the other hypothesis also, where
they do not rebel and in the meantime bow to the will of the despot,
either that they may not risk their own lives, or because they defer
their rebellion to a more propitious moment and consign their sons
to death; they will not have suffered any compulsion, but will have
freely willed: they will have willed to preserve their own lives at
the expense of their sons'; or to sacrifice some of them in order to
have the time to put themselves into such a position that they may be
able to rebel with the hope of victory. Thus we find in social laws,
now observance, now inobservance of the law; but both occur in freedom.
Inobservance may be followed by what is called punishment (that is to
say, the legislator who has imposed a given class of actions, will
adopt certain definite measures against those who do not obey them; to
wit: he will will another class of actions, destined to render possible
the first, because the punishment is a new condition of things set
before the individual, according to which he must alter his previous
mode of action); but the punishment always finds itself face to face
with the freedom of the individual. He will be able freely to observe
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