The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
And we say "philosophically," for it is well known that in this case,
as in so many other disputes of philosophic appearance, are often
concealed disputes of a practical and political nature, in which right
and wrong are divided and connected in an altogether different manner.
The adversaries of laws are often nothing but adversaries of too many
laws, or legitimately demand a less pedantic and mechanical office
for the judge than that which he often has at present; whereas the
maintainers of laws are opposed to revolutionaries, who would wish
to abrogate the definite laws, on which civil progress rests, or to
discredit all laws, and cause society to enter upon a terrible crisis
that would not promise good results. But all this is extraneous to the
philosophic problem.
[Sidenote: _Necessity of laws._]
If the defenders of the utility of laws had wished to make use of an
argument of good sense against their adversaries, of the sort that
imposes, even when it does not rigorously demonstrate their contention,
they might have simply noted the demand for laws, for ordinances,
for justice, for the State, which appears at all points of human
history.--Better a bad government than no government at all; better
laws that are mediocre, but stable, than the frantic pursuit for
better and better laws, with the instability that is the inevitable
consequence! And on the other hand, may God save us from genial
despots, from inspired judges, from tribunals that dive into treasures
of equity!--These are the utterances that we hear in history. Battles
have been fought for _legality,_ and rivers of blood have been shed for
it; for legality are faced the troubles of litigation, and energetic
action is displayed, which only superficial intellects can consider
a waste of time and trouble; for no trouble is superfluous when we
are protecting our own rights, and none is more sacred, since it also
guards the offended majesty of the law, the rights of all. Those who
declaim against laws can well do so with a light heart, for the law
surrounds, protects, and preserves their life for them. No sooner had
all laws disappeared than they would lose the wish to declaim:
In such wise as when sometimes in the wood
The shepherd spies the wolf, and straight has lost
Spirit and sense, and words die on his tongue;
and he would be obliged to have speedy recourse to the remedy and make
laws of some sort again, whatever they be, that he may again resume
his calm, his work and his gossip.
[Sidenote: _Laws as preparation for action._]
Public-domain text, read in full here on John Shaqi.
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