On the other hand, certain commonplaces seem to be in opposition to the criterion itself: for example, that men are judged by success and that it matters little what we have willed and done, when the result is not satisfactory. There are also certain popular customs that make individuals responsible for what happens outside their own spheres of action, not to mention the well-known historical examples of unfortunate leaders crucified at Carthage and guillotined at Paris, for no other cause in reality than that of not having won the victory. And there is also the insistence of certain thinkers upon the necessity of never distinguishing the judgment of the act from that of the fact. But such insistence is nothing but a new aspect of the implacable struggle that it has been necessary to conduct against the morality of the mere intention and against the sophisms and the subterfuges that arise from it; an insistence that has expressed itself in paradoxical formulæ, as are also paradoxical the trivial remarks of ordinary life that have been mentioned. As to the customs and condemnations narrated by history, these were without doubt extraordinary expedients in desperate cases, in which people had placed themselves in such a position that it was impossible or most difficult to verify intentions and actions, and to distinguish misfortunes from betrayals; and as all expedients born of like situations sometimes hit the mark, that is to say, punish bad faith, so will others increase with irrationality the evil that they would have wished to diminish, since in those cases there has not been any bad faith to punish and to correct. [1] _Arch. p. lo st. d. trad, pop.,_ of Pitré (1882), pp. 70-72. [2] Thuc. ii. 64. VI THE PRACTICAL JUDGMENT, THE HISTORY AND THE PHILOSOPHY OF THE PRACTICAL With these last considerations, we are conducted to the theory of practical judgments, that is, to those judgments of which we have demonstrated the impossibility, when their precedence to the volitional act was asserted; but their conceivability as following it, indeed their necessity, is clear, by the intrinsic law of the Spirit; which consists in always preserving or in continually attaining to full possession of itself. [Sidenote: _Practical taste and judgment._]