The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
For the reasons already indicated, it is not necessary to pause
over the juridical ideas of the utilitarians of the eighteenth and
nineteenth centuries, whose last celebrated representatives were,
in England, Bentham, Austin and Spencer. The German Kirchmann is to
be identified with the utilitarian tendency. He reduces morality to
the _respect_ inspired, not by the law, but by the _person_ of the
legislator, a respect afterwards converted into respect for the law
"owing to a peculiarity of human nature, as the result of long custom
and exercise." According to this view, rights are defined as "a union
of pleasure and morality, whether the first calls the second to its
aid or the second the first, in cases when the isolated efficacy of
either should prove insufficient." Thus rights are declared to be, not
an original principle, but the simple union of two different elements.
Jhering failed to surpass utilitarianism, notwithstanding his profound
juridical knowledge and his lively intellect. He attempted to impart
an original character to his utilitarian theory, by declaring that it
was _objective_ in respect to the usual utilitarian theories, but
he always remained under the obligation that he had undertaken, of
showing how the purest ideality of Ethic could be fortified with such,
a conception. The distinctions drawn by Jhering between recompense,
compulsion, duty, and love, since they lack a foundation, vacillate and
prove but little convincing.[23]
[Sidenote: _Recent writers of treatises._]
Public-domain text, read in full here on John Shaqi.
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