The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
Individual programmes or laws then are laws, and this concept includes
the isolated individual as well as society; and therefore the character
of sociality is not essential to the concept of law. Thus, to be more
precise, the only laws that really exist are individual laws and it is
not possible to conceive of social and individual laws as two forms
of the general concept of laws; unless individual and society be both
understood in the empirical sense, thus abandoning philosophical
consideration. If the individual be understood in the philosophical
sense, in which he is the Spirit concrete and individualized, it
is clear that what are called social laws can also be reduced to
individual laws; because, in order to observe a law, we must make
it our own, that is to say, individualize it, and in order to rebel
against it, we must expel it from our own personality, in which it
wished unduly to remain or to introduce itself.
[Sidenote: _Critique of the division of laws into judicial and social
and into their sub-classes. Empiricity of every division of laws._]
The exclusion of the character of sociality from the concept of law
frees philosophy from a series of problems, grafted upon that pretended
character. The principal of these was that of the distinction of social
laws into political and judicial, on the one hand and merely social
on the other; and the further distinction of judicial law into public
and private, civil and penal, national and international, into laws
properly so called and regulations, and so on. If the concept itself of
social law be empirical, then all the distinctions and sub-distinctions
of it proposed must also be empirical, and altogether without
philosophical value. So true is this that it is impossible to decide
for one distinction or definition against another, or to correct those
hitherto given by proposing new ones. Whoever undertakes to examine
any one of these distinctions, at once realizes the aphilosophical
character affirmed of them _a priori._ Thus judicial or political laws
have been distinguished from the merely social, with the affirmation
that those are compulsory, these conventional; whereas compulsion is
impossible in both cases, for the reasons given, and if by compulsion
be meant the threat of a penalty, this is to be found in merely social
laws, not less than in judicial. The law against the falsification
of public money is usually described as judicial: he who falsifies
it runs the risk of undergoing some years' imprisonment. It is a law
called social that we must answer a salutation with a salutation: he
who does not do this runs the risk of being held ill-bred and excluded
from the society of the well-bred. What essential difference is there
between the two laws? An attempt has been made to differentiate them by
saying that the former has emanated from and is sustained by a _supreme
power,_ vigilant as to its observance, the second from particular
circles of individuals.
Public-domain text, read in full here on John Shaqi.
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