The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
necessary for the maintenance of life in common, leaving to other
forces the task of regulating what is most individual in life." And so
on, though it seems that this is enough.[25]
[Sidenote: _Strident contradictions. Stammler._]
Such are the contradictions in which the Philosophy of rights has
struggled for about two centuries. Rights do not seem to be identical
with Ethic, but they also do not seem to be simply different; they
seem to be at once identical and different, but yet it has been found
impossible to fix the element of difference with the concepts of
external, of compulsion and others such. The thought of a difference
between the two forms of activity has not been further eliminated;
but neither has it been transformed and absorbed. This is a morbid
condition, of which the gravest symptom is the logical absurdity of
the aforesaid two rights and two justices. Rümelin talks of the pure
ideal justice, which selects from the evidence and judges on the basis
of immediate impressions of feeling; and of a realistic, rational,
empirical, disciplined and developed justice: two justices that must
however act together.[26] Others, seeking relations between those two
concepts from a single fact and failing to conquer the difficulty,
force logic by distinguishing between _concept_ and _ideal_ of rights,
or (as Vanni said) between _logical_ concept and concept of the
_rational exigencies_ of rights: as though a concept could be truly
logical, if it do not derive from rational exigencies, and as if these
can be valid, if they be not the concept itself. Worse still, Stammler
affirms the identity of rights with moral rights, and of rights alone
with immoral rights, arriving at the already criticized division of
effective rights (_Gesetzes_) into two classes. It "is either right
rights (_richtiges Recht_) or not; and right rights are effective,
whose content of will possesses the property of being _right._ Hence,
right rights stand to effective rights as _species to genus._"[27]
To meditate upon this plan of division is more than sufficient to
produce the conviction of the failure of the Philosophy of rights, as
it has been developed and as it could be developed with the practical
presuppositions hitherto admitted. As the result of the direction of
studies, from Thomas to the most recent, there remains nothing but
the problem itself, as originated by the definitions of Thomas, and
become certainly more acute and difficult, owing to later disputes and
inquiries, but never solved.
[Sidenote: _The value of law._]
V. Less attention has been bestowed upon the concept of _law,_ upon
which it was impossible to obtain full light, on the one hand before
the theory of abstract concepts had been developed (representative of
class) in their difference from the universal, and on the other before
preconceptions as to the necessary social and political character of
laws had been discarded.
[Sidenote: _In antiquity._]
Public-domain text, read in full here on John Shaqi.
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