Theological Essays and Other Papers — Volume 1De Quincey, Thomas
Religion
Theological Essays and Other Papers — Volume 1
De Quincey, Thomas
English essays -- 19th century
Hence, therefore, we may see the shortsightedness of Paley in
quoting with approbation, and as if it implied a reproach, that
the Mussulman religious code contains 'not less than seventy-five
thousand traditional precepts.' True: but if this statement shows
an excess of circumstantiality in the moral systems of Mussulmans,
that result expresses a fact which Paley overlooks--viz. that their
moral code is in reality their legal code. It is by aggregation
of _cases_, by the everlasting depullulation of fresh sprouts
and shoots from old boughs, that this enormous accumulation takes
place; and, therefore, the apparent anomaly is exactly paralleled
in our unmanageable superstructure of law, and in the French
supplements to their code, which have already far overbuilt the
code itself. If names were disregarded, we and the Mahometans are
in the very same circumstances.
Casuistry, therefore, is the science of cases, or of those special
varieties which are forever changing the face of actions as
contemplated in general rules. The tendency of such variations is,
in all states of complex civilization, to absolute infinity.[Footnote:
We have noticed our own vast pile of law, and that of the French.
But neither of us has yet reached the alarming amount of the Roman
law, under which the very powers of social movement threatened to
break down. Courts could not decide, advocates could not counsel,
so interminable was becoming the task of investigation. This led
to the great digest of Justinian. But, had Roman society advanced
in wealth, extent, and social development, instead of retrograding,
the same result would have returned in a worse shape. The same
result now menaces England, and will soon menace her much more.]
It is our present purpose to state a few of such cases, in order to
fix attention upon the interest and the importance which surround
them. No modern book of ethics can be worth notice, unless in
so far as it selects and argues the more prominent of such cases,
as they offer themselves in the economy of daily life. For we
repeat--that the name, the word casuistry, may be evaded, but the
thing cannot; nor _is_ it evaded in our daily conversations.
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