The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
We also owe to the historical school the comparison between the
life of rights and the life of language; this was prepared by the
discoveries of comparative linguistic, which although substantially
correct, yet had, as we have observed, the defect of limiting itself
to the _grammatical_ form of both facts, not to their genuine and
direct reality. Jacobi, in the already quoted effusions of _Woldemar,_
had recourse to the same comparison, for other reasons and with a
more exact understanding of its terms; speaking there of the moral
infraction of laws, he wrote: "For such exceptions, for such _licences
of lofty poetry,_ the grammar of virtue has no definite rules and
therefore does not mention them No grammar, least of all the general
and philosophical, could contain in itself all that appertains to a
living language, and teach how, in every epoch, every dialect must be
formed. But it would be unwise to affirm that every one may speak as
they feel inclined." And again, "Virtue is free art; and as artistic
genius gives laws to art by its creations, so moral genius gives laws
to human conduct: just, good, noble, excellent, is what the just, good,
noble, and excellent man practises, achieves and produces in conformity
with his character; he _invents virtue,_ procures and generates
adequate expression for human dignity."[39]
[Sidenote: _The concept of law, and the studies of comparative Rights
and of the general Doctrine of Rights._]
VII. The study of the concept of law is also progressing, and
henceforth is not confined to so-called juridical laws and to
legislations and codes. Researches into primitive rights and into
those of savage and barbarous peoples, known as juridical Ethnography
or comparative rights, have greatly contributed to destroy many
prejudices; as also the attention that has been directed to facts
called social, that is to say, not strictly political. A school that
has had independent yet partly similar manifestations in England
(Austin, Sumner Maine, etc.) and in Germany, where it has taken
the name of school of _the general Doctrine of Rights (allgemeine
Rechtslehre,_ according to the denomination given to it by Adolph
Merkel), studies in particular the concept of law in its various
classes and subclasses; and from it there cannot but issue a more
correct understanding of the concept of law, as from the refinement
of political Economy into pure Economy has come, first Psychology and
then the Philosophy of economy. Meanwhile (and as far as we know)
the literature of the school, dominated as it is by the needs of
jurisprudence, maintains an empirical or _intellectualistic_ character;
and jurists, rather than philosophers themselves, are those that most
cultivate it. The distinctions and sub-distinctions of the laws are
conducted with subtlety, but are without solid foundation, because the
concept posited as basis of law is uncertain and arbitrary. Limiting
ourselves to a single example, let us mention Bierling, perhaps the
Public-domain text, read in full here on John Shaqi.
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