The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
This rough distinction between natural and positive, absolute and
relative rights; this concept of an ideal right placed face to face
with real rights, or of which the real should be an imperfect and
partial translation, also reappears in St. Thomas Aquinas and in other
scholastics. And there is nothing more than this in those thinkers who
founded what was called natural rights in the seventeenth century,
such as Grotius and his followers. It is true that the boast of having
distinguished rights from morality and religion has usually been
attributed to that historical period. But it is hardly necessary to
repeat that what was meant by these formulæ were the great social and
political questions which took the form of wars of religion in the
Europe of the sixteenth and seventeenth centuries; that so-called
distinction, therefore, the result of long strife, though it have great
practical value as a sign of social transformation, has no doctrinal
value. The idea of autonomy, proper to the juridical activity, is
absent even in the profound treatise of Vico on universal rights, for
this contains only an altogether empirical distinction between _virtus_
and _justitia_; of these the first _cum cupiditate pugnai,_ and the
second _utilitates dirigit et exaequat;_ and both derive their origin
from the _vis veri_ or _ratio humana;_ and as all the virtues are
connected and none of them can exist alone (_nulla virtus solitaria_),
so _virtus_ and _justitia_ are at bottom one.[8] The work of Vico,
which gives a new conception of the relation between ideal and history
and most original applications of Roman history, turns out to be
nothing but Ethic, when considered beneath the aspect of Philosophy of
Rights. Nor on the other hand could the problem of the nature of rights
truly form the object of enquiry on the part of utilitarians (Hobbes
and others); with whom, if the absorption of rights in morality was not
found, this did not arise because the one was distinguished from the
other, but because morality itself was denied in what was proper to
itself: the problem of the distinction disappeared, because its terms
disappeared.
[Sidenote: _Thomas and his followers._]
II. Thomas provided the apple of discord, or as might also be said,
cast the leaven of progress into the treatment of rights, when
he distinguished three forms of the _rectum_: the _justum,_ the
_honestum,_ the _decorum,_ placing the first in opposition to the other
two, the _forum externum_ to the _internum,_ and attributing to rights
and justice the character of coercibility.[9] The formula had a rapid
and unsuspected fortune, and became current in the schools. Gundling,
for instance, defined right as the "ordering of external relations."[10]
[Sidenote: _Kant and Fichte._]
Public-domain text, read in full here on John Shaqi.
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