The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
pages, 16mo, and that a monumental statue must be nude or heroically
clad. It is evident that if anybody violate these laws, he may be
excluded (and he was indeed excluded) from the academies of good
taste, which did not prevent his being received for that very reason
into the anti-academies of the independents: in just the same way as
to have incurred punishments announced by the penal code is a title of
admission to certain criminal societies.
[Sidenote: _Extension of the concept of law._]
These examples that we have selected among the most extraordinary
and the most apt to scandalize, help to make it quite clear that the
concept of law must be taken in its full logical extension, when
we wish to philosophize about it. Among the many obstacles that
philosophy meets with is a curious sort of false shame, which looks
upon contact with certain arguments as injurious to the dignity of
philosophy: a contact which is avoided by arbitrarily narrowing and
therefore falsifying philosophical concepts. That of law especially
has a tradition of _solemnity,_ and brings with it associations that
must be broken in pieces. Otherwise it is impossible even to understand
what are those _firm and unwritten laws_ of the gods, which Antigone
opposed to the decrees of men and how they exercise their efficiency;
or _the sayings of Lacedaemon,_ in obedience to which fell the three
hundred at Thermopylae; or _the laws of the fatherland,_ which, with
their irresistible authority, caused Socrates to remain at the moment
when others counselled and facilitated his flight. Life is composed of
big and little actions, of least and greatest, or better, of a very
dense web of very diverse actions; and it is not a too brilliant idea
to cut that web in pieces and to throw away some of the pieces as less
beautiful, in order afterwards to contemplate in those pieces only that
have been thus selected, cut out and disconnected, the web that no
longer exists.
[1] Balzac, _Le Père Goriot_ (ed. Paris, Calman Lévy, 1891), p. 85.
II
THE CONSTITUTIVE ELEMENTS OF LAWS. CRITIQUE OF PERMISSIVE LAWS AND OF
NATURAL LAW
[Sidenote: _The volitional character and the character of class._]
The undue restrictions and empirical divisions of the concept of
laws having been destroyed, if our attention be now directed to the
character that has been determined as properly belonging to them,
we have the means of distinguishing them from the other spiritual
forms with which they are often confused, partly as the result of the
metaphors and homonyms usual in ordinary speech. Laws, as has been
said, are _volitional acts_ concerning _classes_ of actions. Therefore,
where the volitional element or the element of class is wanting, there
cannot be law, save in name and by metaphor.
[Sidenote: Distinction of laws from the so-called laws of nature.]
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