The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
Thus no other answer is possible to the question asked as to whether
the legislative activity be moral or merely economic, save that it may
be the one or the other, and therefore, that it is not of necessity
moral; thus, defining it in its full extension, it must be called
_generically practical,_ or taken in itself, _merely economic._
[Sidenote: _Juridical activity: its economic character._]
Passing now from the legislative activity to that of him who realizes
and executes the law (an activity that we may call _juridical,_ in
order not to confound it with the other), and asking whether juridical
activity be moral or distinct from morality and if distinct, what is
its distinctive characteristic, the answer cannot but be most simple
for us who have attained to our present position. So simple indeed,
that to give it would seem to be almost superfluous. Not only must the
activity of carrying out the law not be intrinsically diverse from the
activity of legislating, but as has been seen, it obeys exclusively
practical principles, economic and ethic. Hence the 'juridical activity
can be merely economic and it can be moral; and seeing that economicity
is the general form that of itself involves the other, the juridical
activity is generically practical, or _economic. _ As such and in so
far as it is such, it is at once distinct from and united with the
moral form.
[Sidenote: _Its consequent identity with the economic activity._]
But juridical activity does not merely enter the economic activity;
it is exactly identical with it: juridical activity and economic
activity are _synonyms._ Legislative activity enters economy and
nevertheless distinguishes itself from it, as volition of the abstract,
indeterminate volition. The juridical activity is on the other hand
concrete and determined, like the other, nor is it distinguished from
it by any secondary character. It might be attempted to subdistinguish
the economic and juridical activity, while admitting the generic
identification, and to look upon the latter as such that although
obeying the economic principle, it is yet developed _under the laws;_
whereas the former would exist even where _laws were wanting._ But the
distinction would be empirical, of undulating boundaries. Strictly
speaking, man is surrounded with laws in all his actions, and he always
acts under all the laws, and at the same time he effectually acts under
none of them, save that of his own practical conscience.
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