§ 1. The effort to examine, closely but quite neutrally,
the system of Egoistic Hedonism, with which we have been
engaged in the last Book, may not improbably have produced
on the reader’s mind a certain aversion to the principle and
method examined, even though (like myself) he may find it
difficult not to admit the ‘authority’ of self-love, or the
‘rationality’ of seeking one’s own individual happiness. In
considering ‘enlightened self-interest’ as supplying a prima
facie tenable principle for the systematisation of conduct, I
have given no expression to this sentiment of aversion, being
anxious to ascertain with scientific impartiality the results to
which this principle logically leads. When, however, we seem
to find on careful examination of Egoism (as worked out on a
strictly empirical basis) that the common precepts of duty,
which we are trained to regard as sacred, must be to the egoist
rules to which it is only generally speaking and for the most
part reasonable to conform, but which under special circumstances
must be decisively ignored and broken,—the offence
which Egoism in the abstract gives to our sympathetic and
social nature adds force to the recoil from it caused by the
perception of its occasional practical conflict with common
notions of duty. But further, we are accustomed to expect
from Morality clear and decisive precepts or counsels: and
such rules as can be laid down for seeking the individual’s
greatest happiness cannot but appear wanting in these qualities.
A dubious guidance to an ignoble end appears to be all that
the calculus of Egoistic Hedonism has to offer. And it is by
appealing to the superior certainty with which the dictates of
Conscience or the Moral Faculty are issued, that Butler maintains
the practical supremacy of Conscience over Self-love, in
spite of his admission (in the passage before quoted[151]) of
theoretical priority in the claims of the latter.[152] A man knows
certainly, he says, what he ought to do: but he does not
certainly know what will lead to his happiness.
In saying this, Butler appears to me fairly to represent the
common moral sense of ordinary mankind, in our own age no
less than in his. The moral judgments that men habitually
pass on one another in ordinary discourse imply for the most
part that duty is usually not a difficult thing for an ordinary
man to know, though various seductive impulses may make it
difficult for him to do it. And in such maxims as that duty
should be performed ‘advienne que pourra,’ that truth should
be spoken without regard to consequences, that justice should
be done ‘though the sky should fall,’ it is implied that we have
the power of seeing clearly that certain kinds of actions are
right and reasonable in themselves, apart from their consequences;—or
rather with a merely partial consideration of
consequences, from which other consequences admitted to be
possibly good or bad are definitely excluded.[153] And such a
power is claimed for the human mind by most of the writers
who have maintained the existence of moral intuitions; I have
therefore thought myself justified in treating this claim as
characteristic of the method which I distinguish as Intuitional.
At the same time, as I have before observed, there is a wider
sense in which the term ‘intuitional’ might be legitimately
applied to either Egoistic or Universalistic Hedonism; so
far as either system lays down as a first principle—which if
known at all must be intuitively known—that happiness is the
only rational ultimate end of action. To this meaning I shall
recur in the concluding chapters (xiii. and xiv.) of this Book;
in which I shall discuss more fully the intuitive character of
these hedonistic principles. But since the adoption of this
wider meaning would not lead us to a distinct ethical method, I
have thought it best, in the detailed discussion of Intuitionism
which occupies the first eleven chapters of this Book, to confine
myself as far as possible to Moral Intuition understood in the
narrower sense above defined.
§ 2. Here, perhaps, it may be said that in thus defining
Intuitionism I have omitted its most fundamental characteristic;
that the Intuitionist properly speaking—in contrast with
the Utilitarian—does not judge actions by an external standard
at all; that true morality, in his view, is not concerned with
outward actions as such, but with the state of mind in which
acts are done—in short with “intentions” and “motives.”[154]
I think, however, that this objection is partly due to a
misunderstanding. Moralists of all schools, I conceive, would
agree that the moral judgments which we pass on actions
relate primarily to intentional actions regarded as intentional.
In other words, what we judge to be ‘wrong’—in the strictest
ethical sense—is not any part of the actual effects, as such, of
the muscular movements immediately caused by the agent’s
volition, but the effects which he foresaw in willing the act;
or, more strictly, his volition or choice of realising the effects
as foreseen.[155] When I speak therefore of acts, I must be
understood to mean—unless the contrary is stated—acts
presumed to be intentional and judged as such: on this point
I do not think that any dispute need arise.
The case of motives is different and requires careful discussion.
In the first place the distinction between “motive”
and “intention” in ordinary language is not very precise:
since we apply the term “motive” to foreseen consequences
of an act, so far as they are conceived to be objects of desire
to the agent, or to the desire of such consequences: and when
we speak of the intention of an act we usually, no doubt,
have desired consequences in view. I think, however, that
for purposes of exact moral or jural discussion, it is best
to include under the term ‘intention’ all the consequences of
an act that are foreseen as certain or probable; since it will
be admitted that we cannot evade responsibility for any foreseen
bad consequences of our acts by the plea that we felt
no desire for them, either for their own sake or as means to
ulterior ends:[156] such undesired accompaniments of the desired
results of our volitions are clearly chosen or willed by us.
Hence the intention of an act may be judged to be wrong, while
the motive is recognised as good; as when a man commits
perjury to save a parent’s or a benefactor’s life. Such judgments
are, in fact, continually passed in common moral discourse.
It may, however, be said that an act cannot be right, even
when the intention is such as duty would prescribe, if it be
done from a bad motive: that—to take a case suggested by
Bentham—a man who prosecutes from malice a person whom
he believes to be guilty, does not really act rightly; for, though
it may be his duty to prosecute, he ought not to do it from
malice. It is doubtless true that it is our duty to get rid of
bad motives if we can; so that a man’s intention cannot be
wholly right, unless it includes the repression, so far as possible,
of a motive known to be bad. But no one, I think, will contend
that we can always suppress entirely a strong emotion; and
such suppression will be especially difficult if we are to do the
act to which the wrong impulse prompts; while yet, if that act
be clearly a duty which no one else can so properly perform, it
would be absurd to say that we ought to omit it because we
cannot altogether exclude an objectionable motive. It is sometimes
said that, though we may not be able in doing our duty
to exclude a bad motive altogether from our minds, it is still
possible to refuse to act from it. But I think that this is only
possible so far as the details of action to which a right motive
would prompt differ to some extent from those to which a
wrong motive would prompt. No doubt this is often the
case:—thus, in Bentham’s example, a malevolent prosecutor
may be prompted to take unfair advantage of his enemy, or
cause him needless pain by studied insults; and it is obviously
possible for him—and his duty—to resist such promptings.
But so far as precisely the same action is prompted by two
different motives, both present in my consciousness, I am not
conscious of any power to cause this action to be determined
by one of the two motives to the exclusion of the other. In
other words, while a man can resolve to aim at any end which
he conceives as a possible result of his voluntary action, he
cannot simultaneously resolve not to aim at any other end
which he believes will be promoted by the same action; and
if that other end be an object of desire to him, he cannot,
while aiming at it, refuse to act from this desire.[157]
On the whole, then, I conclude (1) that while many actions
are commonly judged to be made better or worse by the presence
or absence of certain motives, our judgments of right and wrong
strictly speaking relate to intentions, as distinguished from
motives;[158] and (2) that while intentions affecting the agent’s
own feelings and character are morally prescribed no less than
intentions to produce certain external effects, still, the latter
form the primary—though not the sole—content of the main
prescriptions of duty, as commonly affirmed and understood:
but the extent to which this is the case, will become more clear
as we proceed.
It has indeed been maintained by moralists of influence
that the moral value of our conduct depends upon the degree
to which we are actuated by the one motive which they regard
as truly moral: viz. the desire or free choice[159] of doing what is
right as such, realising duty or virtue for duty or virtue’s
sake:[160] and that a perfectly good act must be done entirely
from this motive. I think, however, that it is difficult to
combine this view—which I may conveniently distinguish as
Stoical—with the belief, which modern orthodox moralists have
usually been concerned to maintain, that it is always a man’s
true interest to act virtuously. I do not mean that a man who
holds this belief must necessarily be an egoist: but it seems to
me impossible for him to exclude from his motives a regard for
his own interest, while yet believing that it will be promoted
by the act which he is willing. If, therefore, we hold that this
self-regard impairs the moral value of an act otherwise virtuous,
and at the same time hold that virtue is always conducive to
the virtuous agent’s interest, we seem driven to the conclusion
that knowledge of the true relation between virtue and happiness
is an insuperable obstacle to the attainment of moral
perfection. I cannot accept this paradox: and in subsequent
chapters I shall try to show that the Stoical view of moral
goodness is not on the whole sustained by a comprehensive
survey and comparison of common moral judgments: since
in some cases acts appear to have the quality of virtue even
more strikingly when performed from some motive other than
the love of virtue as such. For the present I wish rather to
point out that the doctrine above stated is diametrically
opposed to the view that the universal or normal motives
of human action are either particular desires of pleasure or
aversions to pain for the agent himself, or the more general
regard to his happiness on the whole which I term Self-love;
that it also excludes the less extreme doctrine that duties may
be to some extent properly done from such self-regarding
motives; and that one or other of these positions has frequently
been held by writers who have expressly adopted
an Intuitional method of Ethics. For instance, we find
Locke laying down, without reserve or qualification, that
“good and evil are nothing but pleasure and pain, or that
which occasions or procures pleasure or pain to us:”[161] so that
“it would be utterly in vain to suppose a rule set to the free
actions of man, without annexing it to some reward or
punishment to determine his will.” On the other hand, he
expresses, with no less emphasis, the conviction that “from
self-evident propositions, by necessary consequences, as
incontestable as those in mathematics, the measures of right
and wrong might be made out,”[162] so that “morality might
be placed among the sciences capable of demonstration.” The
combination of these two doctrines gives us the view that
moral rules are essentially laws of God, which men are
impelled to obey, solely or mainly, from fear or hope of divine
punishments or rewards; and some such view as this seems
to be widely accepted, by plain men without very refined
moral sensibilities.
As an example, again, of thinkers who, while recognising
in human nature a disinterested regard for duty or virtue as
such, still consider that self-love is a proper and legitimate
motive to right conduct, we may refer to Butler and his
disciples. Butler regards “reasonable self-love” as not
merely a normal motive to human action, but as being—no
less than conscience—a “chief or superior principle in the
nature of man”; so that an action “becomes unsuitable” to
this nature, if the principle of self-love be violated. Accordingly
the aim of his teaching is not to induce men to choose
duty rather than interest, but to convince them that there
is no inconsistency between the two; that self-love and
conscience lead “to one and the same course of life.”
This intermediate doctrine appears to me to be more in
harmony with the common sense of mankind on the whole
than either of the extreme views before contrasted. But I
do not conceive that any one of the three positions is inconsistent
with fundamental assumptions of the Intuitional method.
Even those who hold that human beings cannot reasonably be
expected to conform to moral rules disinterestedly, or from
any other motive than that supplied by the sanctions divinely
attached to them, still commonly conceive God as supreme
Reason, whose laws must be essentially reasonable: and so
far as such laws are held to be cognisable by the ‘light of
nature’—so that morality, as Locke says, may be placed
among demonstrative sciences—the method of determining
them will be none the less intuitional because it is combined
with the belief that God will reward their observance and
punish their violation. On the other hand those who hold
that regard for duty as duty is an indispensable condition of
acting rightly, would generally admit that acting rightly is
not adequately defined as acting from a pure desire to act
rightly; that though, in a certain sense, a man who sincerely
desires and intends to act rightly does all he can, and completely
fulfils duty, still such a man may have a wrong
judgment as to the particulars of his duty, and therefore, in
another sense, may act wrongly. If this be admitted, it is
evident that, even on the view that the desire or resolution to
fulfil duty as such is essential to right action, a distinction
between two kinds of rightness is required; which we may
express by saying that an act is—on this view—“formally”[163]
right, if the agent in willing is moved by pure desire to fulfil
duty or chooses duty for duty’s sake; “materially” right, if
he intends the right particular effects. This distinction being
taken, it becomes plain that there is no reason why the same
principles and method for determining material rightness, or
rightness of particular effects, should not be adopted by
thinkers who differ most widely on the question of formal
rightness; and it is, obviously, with material rightness that
the work of the systematic moralist is mainly concerned.
§ 3. The term ‘formal rightness,’ as above used, implying
a desire or choice of the act as right, implies also a belief
that it is so. But the latter condition may exist without
the former: I cannot perform an act from pure love of duty
without believing it to be right: but I can believe it to be
right and yet do it from some other motive. And there seems
to be more agreement among moralists who adopt the Intuitional
Method as to the moral indispensability of such a
belief, than we have found with respect to the question of
motive: at least, it would, I conceive, be universally held that
no act can be absolutely right, whatever its external aspect
and relations, which is believed by the agent to be wrong.[164]
Such an act we may call “subjectively” wrong, even though
“objectively” right. It may still be asked whether it is
better in any particular case that a man should do what he
mistakenly believes to be his duty, or what really is his duty
in the particular circumstances—considered apart from his
mistaken belief—and would be completely right if he could
only think so. The question is rather subtle and perplexing
to Common Sense: it is therefore worth while to point out
that it can have only a limited and subordinate practical
application. For no one, in considering what he ought himself
to do in any particular case, can distinguish what he
believes to be right from what really is so: the necessity for
a practical choice between ‘subjective’ and ‘objective’ rightness
can only present itself in respect of the conduct of
another person whom it is in our power to influence. If
another is about to do what we think wrong while he thinks
it right, and we cannot alter his belief but can bring other
motives to bear on him that may overbalance his sense of duty,
it becomes necessary to decide whether we ought thus to tempt
him to realise what we believe to be objectively right against
his own convictions. I think that the moral sense of mankind
would pronounce against such temptation,—thus regarding the
Subjective rightness of an action as more important than the
Objective,—unless the evil of the act prompted by a mistaken
sense of duty appeared to be very grave.[165] But however
essential it may be that a moral agent should do what he
believes to be right, this condition of right conduct is too
simple to admit of systematic development: it is, therefore,
clear that the details of our investigation must relate mainly
to ‘objective’ rightness.
There is, however, one practical rule of some value, to be
obtained by merely reflecting on the general notion of rightness,[166]
as commonly conceived. In a previous chapter[167] I endeavoured
to make this notion clearer by saying that ‘what
I judge to be right must, unless I am in error, be judged to be
so by all rational beings who judge truly of the matter.’ This
statement does not imply that what is judged to be right for
one man must necessarily be judged so for another: ‘objective’
rightness may vary from A to B no less than the ‘objective’
facts of their nature and circumstances vary. There seems,
however, to be this difference between our conceptions of
ethical and physical objectivity respectively: that we commonly
refuse to admit in the case of the former—what experience
compels us to admit as regards the latter—variations for which
we can discover no rational explanation. In the variety of
coexistent physical facts we find an accidental or arbitrary
element in which we have to acquiesce, as we cannot conceive
it to be excluded by any extension of our knowledge of physical
causation. If we ask, for example, why any portion of space
empirically known to us contains more matter than any
similar adjacent portion, physical science can only answer by
stating (along with certain laws of change) some antecedent
position of the parts of matter which needs explanation no less
than the present; and however far back we carry our ascertainment
of such antecedent positions, the one with which we leave
off seems as arbitrary as that with which we started. But
within the range of our cognitions of right and wrong, it will be
generally agreed that we cannot admit a similar unexplained
variation. We cannot judge an action to be right for A and
wrong for B, unless we can find in the natures or circumstances
of the two some difference which we can regard as a reasonable
ground for difference in their duties. If therefore I judge any
action to be right for myself, I implicitly judge it to be right
for any other person whose nature and circumstances do not
differ from my own in some important respects. Now by
making this latter judgment explicit, we may protect ourselves
against the danger which besets the conscience, of
being warped and perverted by strong desire, so that we too
easily think that we ought to do what we very much wish to
do. For if we ask ourselves whether we believe that any
similar person in similar circumstances ought to perform the
contemplated action, the question will often disperse the false
appearance of rightness which our strong inclination has given
to it. We see that we should not think it right for another,
and therefore that it cannot be right for us. Indeed this
test of the rightness of our volitions is so generally effective,
that Kant seems to have held that all particular rules of
duty can be deduced from the one fundamental rule “Act as if
the maxim of thy action were to become by thy will a universal
law of nature.”[168] But this appears to me an error analogous to
that of supposing that Formal Logic supplies a complete
criterion of truth. I should agree that a volition which does
not stand this test[169] is to be condemned; but I hold that a
volition which does stand it may after all be wrong. For I
conceive that all (or almost all) persons who act conscientiously
could sincerely will the maxims on which they act to be universally
adopted: while at the same time we continually find
such persons in thoroughly conscientious disagreement as to what
each ought to do in a given set of circumstances. Under these
circumstances, to say that all such persons act rightly—in the
objective sense—because their maxims all conform to Kant’s
fundamental rule, would obliterate altogether the distinction
between subjective and objective rightness; it would amount
to affirming that whatever any one thinks right is so, unless he
is in error as to the facts of the case to which his judgment
applies. But such an affirmation is in flagrant conflict with
common sense; and would render the construction of a scientific
code of morality futile: as the very object of such a code is to
supply a standard for rectifying men’s divergent opinions.
We may conclude then that the moral judgments which the
present method attempts to systematise are primarily and for
the most part intuitions of the rightness or goodness (or the
reverse) of particular kinds of external effects of human volition,
presumed to be intended by the agent, but considered independently
of the agent’s own view as to the rightness or
wrongness of his intention; though the quality of motives,
as distinct from intentions, has also to be taken into account.
§ 4. But the question may be raised, whether it is
legitimate to take for granted (as I have hitherto been doing)
the existence of such intuitions? And, no doubt, there are
persons who deliberately deny that reflection enables them to
discover any such phenomenon in their conscious experience
as the judgment or apparent perception that an act is in
itself right or good, in any other sense than that of being the
right or fit means to the attainment of some ulterior end. I
think, however, that such denials are commonly recognised as
paradoxical, and opposed to the common experience of civilised
men:—at any rate if the psychological question, as to the
existence of such moral judgments or apparent perceptions of
moral qualities, is carefully distinguished from the ethical
question as to their validity, and from what we may call the
‘psychogonical’ question as to their origin. The first and
second of these questions are sometimes confounded, owing to
an ambiguity in the use of the term “intuition”; which has
sometimes been understood to imply that the judgment or
apparent perception so designated is true. I wish therefore
to say expressly, that by calling any affirmation as to the
rightness or wrongness of actions “intuitive,” I do not mean
to prejudge the question as to its ultimate validity, when
philosophically considered: I only mean that its truth is
apparently known immediately, and not as the result of
reasoning. I admit the possibility that any such “intuition”
may turn out to have an element of error, which subsequent
reflection and comparison may enable us to correct; just as
many apparent perceptions through the organ of vision are
found to be partially illusory and misleading: indeed the
sequel will show that I hold this to be to an important
extent the case with moral intuitions commonly so called.
The question as to the validity of moral intuitions being
thus separated from the simple question ‘whether they actually
exist,’ it becomes obvious that the latter can only be decided
for each person by direct introspection or reflection. It must
not therefore be supposed that its decision is a simple matter,
introspection being always infallible: on the contrary, experience
leads me to regard men as often liable to confound with
moral intuitions other states or acts of mind essentially different
from them,—blind impulses to certain kinds of action or vague
sentiments of preference for them, or conclusions from rapid
and half-unconscious processes of reasoning, or current opinions
to which familiarity has given an illusory air of self-evidence.
But any errors of this kind, due to careless or superficial reflection,
can only be cured by more careful reflection. This may
indeed be much aided by communication with other minds; it
may also be aided, in a subordinate way, by an inquiry into the
antecedents of the apparent intuition, which may suggest to the
reflective mind sources of error to which a superficial view of
it is liable. Still the question whether a certain judgment presents
itself to the reflective mind as intuitively known cannot
be decided by any inquiry into its antecedents or causes.[170]
It is, however, still possible to hold that an inquiry into
the Origin of moral intuitions must be decisive in determining
their Validity. And in fact it has been often assumed, both by
Intuitionists and their opponents, that if our moral faculty can
be shown to be ‘derived’ or ‘developed’ out of other pre-existent
elements of mind or consciousness, a reason is thereby given for
distrusting it; while if, on the other hand, it can be shown to
have existed in the human mind from its origin, its trustworthiness
is thereby established. Either assumption appears
to me devoid of foundation. On the one hand, I can see no
ground for supposing that a faculty thus derived, is, as such,
more liable to error than if its existence in the individual
possessing it had been differently caused:[171] to put it otherwise,
I cannot see how the mere ascertainment that certain apparently
self-evident judgments have been caused in known and
determinate ways, can be in itself a valid ground for distrusting
this class of apparent cognitions. I cannot even admit
that those who affirm the truth of such judgments are bound
to show in their causes a tendency to make them true: indeed
the acceptance of any such onus probandi would seem to me
to render the attainment of philosophical certitude impossible.
For the premises of the required demonstration must consist of
caused beliefs, which as having been caused will equally stand
in need of being proved true, and so on ad infinitum: unless
it be held that we can find among the premises of our reasonings
certain apparently self-evident judgments which have had
no antecedent causes, and that these are therefore to be accepted
as valid without proof. But such an assertion would be an
extravagant paradox: and, if it be admitted that all beliefs are
equally in the position of being effects of antecedent causes, it
seems evident that this characteristic alone cannot serve to
invalidate any of them.
I hold, therefore, that the onus probandi must be thrown
the other way: those who dispute the validity of moral or other
intuitions on the ground of their derivation must be required
to show, not merely that they are the effects of certain causes,
but that these causes are of a kind that tend to produce invalid
beliefs. Now it is not, I conceive, possible to prove by any
theory of the derivation of the moral faculty that the fundamental
ethical conceptions ‘right’ or ‘what ought to be done,’
‘good’ or ‘what it is reasonable to desire and seek,’ are invalid,
and that consequently all propositions of the form ‘X is right’
or ‘good’ are untrustworthy: for such ethical propositions, relating
as they do to matter fundamentally different from that
with which physical science or psychology deals, cannot be
inconsistent with any physical or psychological conclusions.
They can only be shown to involve error by being shown to
contradict each other: and such a demonstration cannot lead
us cogently to the sweeping conclusion that all are false. It
may, however, be possible to prove that some ethical beliefs
have been caused in such a way as to make it probable that
they are wholly or partially erroneous: and it will hereafter be
important to consider how far any Ethical intuitions, which we
find ourselves disposed to accept as valid, are open to attack on
such psychogonical grounds. At present I am only concerned
to maintain that no general demonstration of the derivedness
or developedness of our moral faculty can supply an adequate
reason for distrusting it.
On the other hand, if we have been once led to distrust
our moral faculty on other grounds—as (e.g.) from the want of
clearness and consistency in the moral judgments of the same
individual, and the discrepancies between the judgments of
different individuals—it seems to me equally clear that our
confidence in such judgments cannot properly be re-established
by a demonstration of their ‘originality.’ I see no reason to
believe that the ‘original’ element of our moral cognition can
be ascertained; but if it could, I see no reason to hold that it
would be especially free from error.
§ 5. How then can we hope to eliminate error from our
moral intuitions? One answer to this question was briefly
suggested in a previous chapter where the different phases of
the Intuitional Method were discussed. It was there said that
in order to settle the doubts arising from the uncertainties and
discrepancies that are found when we compare our judgments
on particular cases, reflective persons naturally appeal to
general rules or formulæ: and it is to such general formulæ
that Intuitional Moralists commonly attribute ultimate certainty
and validity. And certainly there are obvious sources of
error in our judgments respecting concrete duty which seem
to be absent when we consider the abstract notions of different
kinds of conduct; since in any concrete case the complexity of
circumstances necessarily increases the difficulty of judging,
and our personal interests or habitual sympathies are liable to
disturb the clearness of our moral discernment. Further, we
must observe that most of us feel the need of such formulæ
not only to correct, but also to supplement, our intuitions
respecting particular concrete duties. Only exceptionally
confident persons find that they always seem to see clearly
what ought to be done in any case that comes before them.
Most of us, however unhesitatingly we may affirm rightness
and wrongness in ordinary matters of conduct, yet not unfrequently
meet with cases where our unreasoned judgment fails
us; and where we could no more decide the moral issue raised
without appealing to some general formula, than we could
decide a disputed legal claim without reference to the positive
law that deals with the matter.
And such formulæ are not difficult to find: it only requires
a little reflection and observation of men’s moral discourse to
make a collection of such general rules, as to the validity of
which there would be apparent agreement at least among moral
persons of our own age and civilisation, and which would cover
with approximate completeness the whole of human conduct.
Such a collection, regarded as a code imposed on an individual
by the public opinion of the community to which he belongs,
we have called the Positive Morality of the community: but
when regarded as a body of moral truth, warranted to be such
by the consensus of mankind,—or at least of that portion of
mankind which combines adequate intellectual enlightenment
with a serious concern for morality—it is more significantly
termed the morality of Common Sense.
When, however, we try to apply these currently accepted
principles, we find that the notions composing them are often
deficient in clearness and precision. For instance, we should all
agree in recognising Justice and Veracity as important virtues;
and we shall probably all accept the general maxims, that ‘we
ought to give every man his own’ and that ‘we ought to speak
the truth’: but when we ask (1) whether primogeniture is just,
or the disendowment of corporations, or the determination of
the value of services by competition, or (2) whether and how far
false statements may be allowed in speeches of advocates, or in
religious ceremonials, or when made to enemies or robbers, or in
defence of lawful secrets, we do not find that these or any other
current maxims enable us to give clear and unhesitating decisions.
And yet such particular questions are, after all, those
to which we naturally expect answers from the moralist. For
we study Ethics, as Aristotle says, for the sake of Practice:
and in practice we are concerned with particulars.
Hence it seems that if the formulæ of Intuitive Morality are
really to serve as scientific axioms, and to be available in clear
and cogent demonstrations, they must first be raised—by an
effort of reflection which ordinary persons will not make—to a
higher degree of precision than attaches to them in the common
thought and discourse of mankind in general. We have,
in fact, to take up the attempt that Socrates initiated, and
endeavour to define satisfactorily the general notions of duty
and virtue which we all in common use for awarding approbation
or disapprobation to conduct. This is the task upon which
we shall be engaged in the nine chapters that follow. I must
beg the reader to bear in mind that throughout these chapters
I am not trying to prove or disprove Intuitionism, but merely
by reflection on the common morality which I and my reader
share, and to which appeal is so often made in moral disputes,
to obtain as explicit, exact, and coherent a statement as possible
of its fundamental rules.
§ 1. Before, however, we attempt to define particular
virtues or departments of duty, it will be well to examine
further the notions of Duty and Virtue in general, and the
relations between the two, as we find them implicitly conceived
by the common sense of mankind, which we are endeavouring
to express. Hitherto I have taken Duty to be broadly convertible
with Right conduct: I have noticed, however, that the
former term—like “ought” and “moral obligation”—implies
at least the potential presence of motives prompting to wrong
conduct; and is therefore not applicable to beings to whom no
such conflict of motives can be attributed. Thus God is not
conceived as performing duties, though He is conceived as
realising Justice and other kinds of Rightness in action. For
a similar reason, we do not commonly apply the term ‘duty’ to
right actions—however necessary and important—when we are
so strongly impelled to them by non-moral inclinations that no
moral impulse is conceived to be necessary for their performance.
Thus we do not say generally that it is a duty to eat
and drink enough: though we do often say this to invalids who
have lost their appetite. We should therefore perhaps keep
most close to usage if we defined Duties as ‘those Right actions
or abstinences, for the adequate accomplishment of which a
moral impulse is conceived to be at least occasionally necessary.’
But as this line of distinction is vague, and continually varying,
I shall not think it necessary to draw attention to it in the detailed
discussion of duties: it seems sufficient to point out that
we shall be chiefly concerned with such right conduct as comes
within the definition just suggested.
It may be said, however, that there is another implication
in the term “duty” which I have so far overlooked, but which
its derivation—and that of the equivalent term ‘obligation’—plainly
indicates: viz. that it is “due” or owed to some one.
But I think that here the derivation does not govern the
established usage: rather, it is commonly recognised that duties
owed to persons, or “relative” duties, are only one species,
and that some duties—as (e.g.) Truth-speaking—have no such
relativity. No doubt it is possible to view any duty as relative
to the person or persons immediately affected by its performance;
but it is not usual to do this where the immediate
effects are harmful—as where truth-speaking causes a physically
injurious shock to the person addressed—: and though it may
still be conceived to be ultimately good for society, and so
“due” to the community or to humanity at large, that truth
should even in this case be spoken, this conception hardly
belongs to the intuitional view that ‘truth should be spoken
regardless of consequences.’ Again, it may be thought by
religious persons that the performance of duties is owed not
to the human or other living beings affected by them, but to
God as the author of the moral law. And I certainly would
not deny that our common conception of duty involves an
implied relation of an individual will to a universal will
conceived as perfectly rational: but I am not prepared to
affirm that this implication is necessary, and an adequate
discussion of the difficulties involved in it would lead to metaphysical
controversies which I am desirous of avoiding. I
propose, therefore, in this exposition of the Intuitional method,
to abstract from this relation of Duty generally to a Divine
Will: and, for reasons partly similar, to leave out of consideration
the particular “duties to God” which Intuitionists have
often distinguished and classified. Our view of the general
rules of “duty to man” (or to other animals)—so far as such
rules are held to be cognisable by moral intuition—will, I
conceive, remain the same, whether or not we regard such rules
as imposed by a Supreme Rational Will: since in any case
they will be such as we hold it rational for all men to obey, and
therefore such as a Supreme Reason would impose. I shall
not therefore treat the term “Duty” as implying necessarily a
relation either to a universal Imponent or to the individuals
primarily affected by the performance of duties: but shall use
it as equivalent generally to Right conduct, while practically
concentrating attention on acts and abstinences for which a
moral impulse is thought to be more or less required.
The notion of Virtue presents more complexity and difficulty,
and requires to be discussed from different points of view.
We may begin by noticing that there seem to be some particular
virtues (such as Generosity) which may be realised in
acts objectively—though not subjectively—wrong, from want
of insight into their consequences: and even some (such as
Courage) which may be exhibited in wrong acts that are
known by the agent to be such. But though the contemplation
of such acts excites in us a quasi-moral admiration, in the
latter case we certainly should not call them virtuous, and it
is doubtful whether we should do so in the former case, if we
were using the term strictly. It will therefore involve no
material deviation from usage, if we limit the term “Virtue” to
qualities exhibited in right conduct:[172] accordingly I propose to
adopt this limitation in subsequent discussions.
How far, then, are we to regard the spheres of Duty and
Virtue (thus defined) as co-extensive? To a great extent they
undoubtedly are so, in the common application of the terms,
but not altogether: since in its common use each term seems
to include something excluded from the other. We should
scarcely say that it was virtuous—under ordinary circumstances—to
pay one’s debts, or give one’s children a decent
education, or keep one’s aged parents from starving; these
being duties which most men perform, and only bad men
neglect. On the other hand, there are acts of high and noble
virtue which we commonly regard as going beyond the strict
duty of the agent; since, while we praise their performance,
we do not condemn their non-performance. Here, however, a
difficulty seems to arise; for we should not deny that it is, in
some sense, a man’s strict duty to do whatever action he judges
most excellent, so far as it is in his power.
But can we say that it is as much in a man’s power to
realise Virtue as it is to fulfil Duty?[173] To some extent, no doubt,
we should say this: no quality of conduct is ever called a virtue
unless it is thought to be to some extent immediately attainable
at will by all ordinary persons, when circumstances give opportunity
for its manifestation. In fact the line between virtues
and other excellences of behaviour is commonly drawn by this
characteristic of voluntariness;—an excellence which we think
no effort of will could at once enable us to exhibit in any
appreciable degree is called a gift, grace, or talent, but not
properly a virtue. Writers like Hume,[174] who obliterate this line,
diverge manifestly from common sense. Still I regard it as
manifestly paradoxical to maintain that it is in the power of
any one at any time to realise virtue in the highest form or
degree; (e.g.) no one would affirm that any ordinary man can at
will exhibit the highest degree of courage in the sense in
which courage is a virtue—when occasion arises. It would
seem, therefore, that we can distinguish a margin of virtuous
conduct, which may be beyond the strict duty of any individual
as being beyond his power.
Can we then, excluding this margin, say that virtuous
conduct, so far as it is in a man’s power, coincides completely
with his duty? Certainly we should agree that a truly moral
man cannot say to himself, “This is the best thing on the whole
for me to do, but yet it is not my duty to do it though it is in my
power”: this would certainly seem to common sense an immoral
paradox.[175] And yet there seem to be acts and abstinences
which we praise as virtuous, without imposing them as duties
upon all who are able to do them; as for a rich man to live very
plainly and devote his income to works of public beneficence.
Perhaps we may harmonise these inconsistent views by
distinguishing between the questions ‘what a man ought to
do or forbear’ and ‘what other men ought to blame him for
not doing or forbearing’: and recognising that the standard
normally applied in dealing with the latter question is laxer
than would be right in dealing with the former. But how is
this double standard to be explained? We may partly explain
it by the different degrees of our knowledge in the two cases:
there are many acts and forbearances of which we cannot lay
down definitely that they ought to be done or forborne, unless
we have the complete knowledge of circumstances which a man
commonly possesses only in his own case, and not in that of
other men. Thus I may easily assure myself that I ought to
subscribe to a given hospital: but I cannot judge whether my
neighbour ought to subscribe, as I do not know the details
of his income and the claims which he is bound to satisfy.
I do not, however, think that this explanation is always
applicable: I think that there are not a few cases in which
we refrain from blaming others for the omission of acts
which we do not doubt that we in their place should have
thought it our duty to perform. In such cases the line seems
drawn by a more or less conscious consideration of what men
ordinarily do, and by a social instinct as to the practical effects
of expressed moral approbation and disapprobation: we think
that moral progress will on the whole be best promoted by our
praising acts that are above the level of ordinary practice, and
confining our censure—at least if precise and particular—to acts
that fall clearly below this standard. But a standard so determined
must be inevitably vague, and tending to vary as the
average level of morality varies in any community, or section
of a community: indeed it is the aim of preachers and teachers
of morality to raise it continually. Hence it is not convenient
to use it in drawing a theoretical line between Virtue and
Duty: and I have therefore thought it best to employ the
terms so that virtuous conduct may include the performance
of duty as well as whatever good actions may be commonly
thought to go beyond duty; though recognising that Virtue
in its ordinary use is most conspicuously manifested in the
latter.
§ 2. So far I have been considering the term ‘Virtuous’
as applied to conduct. But both this general term, and the
names connoting particular virtues—“just,” “liberal,” “brave,”
etc.—are applied to persons as well as to their acts: and the
question may be raised which application is most appropriate
or primary. Here reflection, I think, shows that these attributes
are not thought by us to belong to acts considered apart
from their agents: so that Virtue seems to be primarily a
quality of the soul or mind, conceived as permanent in comparison
with the transient acts and feelings in which it is
manifested. As so conceived it is widely held to be a possession
worth aiming at for its own sake; to be, in fact, a part of
that Perfection of man which is by some regarded as the sole
Ultimate Good. This view I shall consider in a subsequent
chapter.[176] Meanwhile it may be observed that Virtues, like
other habits and dispositions, though regarded as comparatively
permanent attributes of the mind, are yet attributes
of which we can only form definite notions by conceiving the
particular transient phenomena in which they are manifested.
If then we ask in what phenomena Virtuous character is
manifested, the obvious answer is that it is manifested in
voluntary actions, so far as intentional; or, more briefly, in
volitions. And many, perhaps most, moralists would give this
as a complete answer. If they are not prepared to affirm with
Kant that a good will is the only absolute and unconditional
Good, they will at any rate agree with Butler that “the object
of the moral faculty is actions, comprehending under that
name active or practical principles: those principles from which
men would act if occasions and circumstances gave them power.”
And if it be urged that more than this is included (e.g.) in the
Christian conception of the Virtue of Charity, the “love of our
neighbour,” they will explain with Kant that by this love we
must not understand the emotion of affection, but merely the
resolution to benefit, which alone has “true moral worth.”
I do not, however, think that the complete exclusion of an
emotional element from the conception of Virtue would be
really in harmony with the common sense of mankind. I think
that in our common moral judgments certain kinds of virtuous
actions are held to be at any rate adorned and made better by
the presence of certain emotions in the virtuous agent: though
no doubt the element of volition is the more important and
indispensable. Thus the Virtue of Chastity or Purity, in its
highest form, seems to include more than a mere settled resolution
to abstain from unlawful lust; it includes some sentiment
of repugnance to impurity. Again, we recognise that benefits
which spring from affection and are lovingly bestowed are
more acceptable to the recipients than those conferred without
affection, in the taste of which there is admittedly something
harsh and dry: hence, in a certain way, the affection, if practical
and steady, seems a higher excellence than the mere beneficent
disposition of the will, as resulting in more excellent acts.
In the case of Gratitude even the rigidity of Kant[177] seems to
relax, and to admit an element of emotion as indispensable to
the virtue: and there are various other notions, such as Loyalty
and Patriotism, which it is difficult—without paradox—either
to exclude from a list of virtues or to introduce stripped bare
of all emotional elements.
A consideration of the cases last mentioned will lead us
to conclude that, in the view of Common Sense, the question
(raised in the preceding chapter), whether an act is virtuous in
proportion as it was done from regard for duty or virtue, must
be answered in the negative: for the degree in which an act
deserves praise as courageous, loyal, or patriotic does not seem
to be reduced by its being shown that the predominant motive
to the act was natural affection and not love of virtue as such.
Indeed in some cases I think it clear that we commonly
attribute virtue to conduct where regard for duty or virtue is
not consciously present at all: as in the case of a heroic act of
courage—let us say, in saving a fellow-creature from death—under
an impulse of spontaneous sympathy. So again, when
we praise a man as “genuinely humble” we certainly do not
imply that he is conscious of fulfilling a duty—still less that he
is conscious of exhibiting a virtue—by being humble.
It further appears to me that in the case of many important
virtues we do not commonly consider the ultimate spring of
action—whether it be some emotional impulse or the rational
choice of duty as duty—in attributing a particular virtue to
particular persons: what we regard as indispensable is merely a
settled resolve to will a certain kind of external effects. Thus
we call a man veracious if his speech exhibits, in a noteworthy
degree, a settled endeavour to produce in the minds of others
impressions exactly correspondent to the facts, whatever his
motive may be for so doing: whether he is moved, solely or
mainly, by a regard for virtue, or a sense of the degradation of
falsehood, or a conviction that truth-speaking is in the long run
the best policy, or a sympathetic aversion to the inconveniences
which misleading statements cause to other people. I do not
mean that we regard these motives as of equal moral value: but
that the presence or absence of any one or other of them is not
implied in our attribution of the virtue of veracity. Similarly
we attribute Justice, if a man has a settled habit of weighing
diverse claims and fulfilling them in the ratio of their importance;
Good Faith if he has a settled habit of strictly keeping
express or tacit engagements: and so forth. Even where we
clearly take motives into account, in judging of the degree of
virtue it is often rather the force of seductive motives resisted
than the particular nature of the prevailing springs of action
which we consider. Thus we certainly think virtue has been
manifested in a higher degree in just or veracious conduct,
when the agent had strong temptations to be unjust or unveracious;
and in the same way there are certain dispositions or
habits tending to good conduct which are called virtues when
there are powerful seductive motives operating and not otherwise;
e.g. when we attribute the virtue of temperance to a man
who eats and drinks a proper amount, it is because we also
attribute to him appetites prompting to excess.
At the same time I admit that Common Sense seems liable
to some perplexity as to the relation of virtue to the moral
effort required for resisting unvirtuous impulses. On the one
hand a general assent would be given to the proposition that
virtue is especially drawn out and exhibited in a successful conflict
with natural inclination: and perhaps even to the more
extreme statement that there is no virtue[178] in doing what one
likes. On the other hand we should surely agree with Aristotle
that Virtue is imperfect so long as the agent cannot do the virtuous
action without a conflict of impulses; since it is from a
wrong bent of natural impulse that we find it hard to do what
is best, and it seems absurd to say that the more we cure ourselves
of this wrong bent, the less virtuous we grow. Perhaps we
may solve the difficulty by recognising that our common idea of
Virtue includes two distinct elements, the one being the most
perfect ideal of moral excellence that we are able to conceive for
human beings, while the other is manifested in the effort of
imperfect men to attain this ideal. Thus in proportion as a
man comes to like any particular kind of good conduct and to
do it without moral effort, we shall not say that his conduct
becomes less virtuous but rather more in conformity with a
true moral ideal; while at the same time we shall recognise
that in this department of his life he has less room to exhibit
that other kind of virtue which is manifested in resistance to
seductive impulses, and in the energetic striving of the will to
get nearer to ideal perfection.
So far I have been considering the manifestation of virtue
in emotions and volitions, and have not expressly adverted to
the intellectual conditions of virtuous acts: though in speaking
of such acts it is of course implied that the volition is accompanied
with an intellectual representation of the particular
effects willed. It is not, however, implied that in willing such
effects we must necessarily think of them as right or good:
and I do not myself think that, in the view of common sense,
this is an indispensable condition of the virtuousness of an act;
for it seems that some kinds of virtuous acts may be done so
entirely without deliberation that no moral judgment was
passed on them by the agent. This might be the case, for
instance, with an act of heroic courage, prompted by an
impulse of sympathy with a fellow-creature in sudden peril.
But it is, I conceive, clearly necessary that such an act should
not be even vaguely thought to be bad. As I have already
said, it is more doubtful how far an act which is conceived by
the agent to be good, but which is really bad, is ever judged
by common sense to be virtuous[179]: but if we agree to restrict
the term to acts which we regard as right, it is again obvious
that the realisation of virtue may not be in the power of any
given person at any given time, through lack of the requisite
intellectual conditions.[180]
To sum up the results of a rather complicated discussion:
I consider Virtue as a quality manifested in the performance
of duty (or good acts going beyond strict duty): it is indeed
primarily attributed to the mind or character of the agent;
but it is only known to us through its manifestations in feelings
and acts. Accordingly, in endeavouring to make precise
our conceptions of the particular virtues, we have to examine
the states of consciousness in which they are manifested.
Examining these, we find that the element of volition is
primarily important, and in some cases almost of sole importance,
but yet that the element of emotion cannot be altogether
discarded without palpable divergence from common sense.
Again, concentrating our attention on the volitional element,
we find that in most cases what we regard as manifestations
of virtue are the volitions to produce certain particular effects;
the general determination to do right as right, duty for duty’s
sake, is indeed thought to be of fundamental importance as a
generally necessary spring of virtuous action; but it is not
thought to be an indispensable condition of the existence of
virtue in any particular case. Similarly in considering the
emotional element, though an ardent love of virtue or aversion
to vice generally is a valuable stimulus to virtuous conduct, it
is not a universally necessary condition of it: and in the case
of some acts the presence of other emotions—such as kind
affection—makes the acts better than if they were done from
a purely moral motive. Such emotions, however, cannot be
commanded at will: and this is also true of the knowledge of
what ought to be done in any particular case,—which, if we
restrict the term ‘virtuous’ to right acts, is obviously required
to render conduct perfectly virtuous. For these and other
reasons I consider that though Virtue is distinguished by us
from other excellences by the characteristic of voluntariness—it
must be to some extent capable of being realised at will when
occasion arises—this voluntariness attaches to it only in a
certain degree; and that, though a man can always do his
Duty if he knows it, he cannot always realise virtue in the
highest degree.
It should, however, be observed that even when it is beyond
our power to realise virtue immediately at will, we recognise a
duty of cultivating it and seeking to develop it: and this duty
of cultivation extends to all virtuous habits or dispositions in
which we are found to be deficient, so far as we can thus increase
our tendency to do the corresponding acts in future;
however completely such acts may on each occasion be within
the control of the will. It is true that for acts of this latter
kind, so far as they are perfectly deliberate, we do not seem
to need any special virtuous habits; if only we have knowledge
of what is right and best to be done, together with a
sufficiently strong wish to do it.[181] But, in order to fulfil our
duties thoroughly, we are obliged to act during part of our
lives suddenly and without deliberation: on such occasions
there is no room for moral reasoning, and sometimes not even
for explicit moral judgment; so that in order to act virtuously,
we require such particular habits and dispositions as are denoted
by the names of the special virtues: and it is a duty to foster
and develop these in whatever way experience shows this to be
possible.
The complicated relation of virtue to duty, as above determined,
must be borne in mind throughout the discussion of
the particular virtues, to which I shall proceed in the following
chapters. But, as we have seen, the main part of the manifestation
of virtue in conduct consists in voluntary actions,
which it is within the power of any individual to do—so far
as they are recognised by him as right,—and which therefore
come within our definition of Duty, as above laid down; it
will not therefore be necessary, during the greater part of the
ensuing discussion, to distinguish between principles of virtuous
conduct and principles of duty; since the definitions of the two
will coincide.
§ 3. Here, however, a remark is necessary, which to some
extent qualifies what was said in the preceding chapter, where
I characterised the common notions of particular virtues—justice,
etc.—as too vague to furnish exact determinations of
the actions enjoined under them. I there assumed that rules
of duty ought to admit of precise definition in a universal form:
and this assumption naturally belongs to the ordinary or jural
view of Ethics as concerned with a moral code: since we should
agree that if obligations are imposed on any one he ought at
least to know what they are, and that a law indefinitely drawn
must be a bad law. But so far as we contemplate virtue as
something that goes beyond strict duty and is not always
capable of being realised at will, this assumption is not so
clearly appropriate: since from this point of view we naturally
compare excellence of conduct with beauty in the products
of the Fine Arts. Of such products we commonly say, that
though rules and definite prescriptions may do much, they
can never do all; that the highest excellence is always due
to an instinct or tact that cannot be reduced to definite
formulæ. We can describe the beautiful products when they
are produced, and to some extent classify their beauties, giving
names to each; but we cannot prescribe any certain method for
producing each kind of beauty. So, it may be said, stands the
case with virtues: and hence the attempt to state an explicit
maxim, by applying which we may be sure of producing
virtuous acts of any kind, must fail: we can only give a general
account of the virtue—a description, not a definition—and
leave it to trained insight to find in any particular circumstances
the act that will best realise it. On this view, which I
may distinguish as Æsthetic Intuitionism, I shall have something
to say hereafter.[182] But I conceive that our primary business
is to examine the larger claims of those Rational or Jural
Intuitionists, who maintain that Ethics admits of exact and
scientific treatment, having for its first principles the general
rules of which we have spoken, or the most fundamental of
them: and who thus hold out to us a hope of getting rid of
the fluctuations and discrepancies of opinion, in which we
acquiesce in æsthetic discussions, but which tend to endanger
seriously the authority of ethical beliefs. And we cannot, I
think, decide on the validity of such claims without examining
in detail the propositions which have been put forward as
ethical axioms, and seeing how far they prove to be clear and
explicit, or how far others may be suggested presenting these
qualities. For it would not be maintained, at least by the
more judicious thinkers of this school, that such axioms are
always to be found with proper exactness of form by mere
observation of the common moral reasonings of men; but
rather that they are at least implied in these reasonings, and
that when made explicit their truth is self-evident, and must
be accepted at once by an intelligent and unbiassed mind. Just
as some mathematical axioms are not and cannot be known
to the multitude, as their certainty cannot be seen except by
minds carefully prepared,—but yet, when their terms are
properly understood, the perception of their absolute truth is
immediate and irresistible. Similarly, if we are not able to
claim for a proposed moral axiom, in its precise form, an
explicit and actual assent of “orbis terrarum,” it may still be
a truth which men before vaguely apprehended, and which
they will now unhesitatingly admit.
In this inquiry it is not of great importance in what order
we take the virtues. We are not to examine the system of
any particular moralist, but the Morality (as it was called)
of Common Sense; and the discussion of the general notions
of Duty and Virtue, in which we have been engaged in the
present chapter, will have shown incidentally the great difficulty
of eliciting from Common Sense any clear principle of classification
of the particular duties and virtues. Hence I have thought
it best to reserve what I have to say on the subject of classification
till a later period of the discussion; and in the first
place to take the matter to be investigated quite empirically,
as we find it in the common thought expressed in the common
language of mankind. The systems of moralists commonly
attempt to give some definite arrangement to this crude
material: but in so far as they are systematic they generally
seem forced to transcend Common Sense, and define what it
has left doubtful; as I shall hereafter try to show.
For the present, then, it seems best, in this empirical
investigation, to take the virtues rather in the order of their
importance; and, as there are some that seem to have a special
comprehensiveness of range, and to include under them, in a
manner, all or most of the others, it will be convenient to
begin with these. Of these Wisdom is perhaps the most
obvious: in the next chapter, therefore, I propose to examine
our common conceptions of Wisdom, and certain other cognate
or connected virtues or excellences.
§ 1. Wisdom was always placed by the Greek philosophers
first in the list of virtues, and regarded as in a manner comprehending
all the others: in fact in the post-Aristotelian
schools the notion of the Sage or ideally Wise man (σοφός)
was regularly employed to exhibit in a concrete form the rules
of life laid down by each system. In common Greek usage,
however, the term just mentioned would signify excellence in
purely speculative science, no less than practical wisdom[183]:
and the English term Wisdom has, to some extent, the same
ambiguity. It is, however, chiefly used in reference to practice:
and even when applied to the region of pure speculation suggests
especially such intellectual gifts and habits as lead to
sound practical conclusions: namely, comprehensiveness of view,
the habit of attending impartially to a number of diverse considerations
difficult to estimate exactly, and good judgment as
to the relative importance of each. At any rate, it is only
Practical Wisdom which we commonly class among Virtues, as
distinguished from purely intellectual excellences. How then
shall we define Practical Wisdom? The most obvious part
of its meaning is a tendency to discern, in the conduct of life
generally, the best means to the attainment of any ends that
the natural play of human motives may lead us to seek: as
contrasted with technical skill, or the faculty of selecting the
best means to given ends in a certain limited and special
department of human action. Such skill in the special arts
is partly communicable by means of definite rules, and partly
a matter of tact or instinct, depending somewhat on natural
gifts and predispositions, but to a great extent acquired by
exercise and imitation; and similarly practical Wisdom, if
understood to be Skill in the Art of Life, would involve a
certain amount of scientific knowledge, the portions of different
sciences bearing directly on human action, together with empirical
rules relating to the same subject-matter; and also the
tact or trained instinct just mentioned, which would even be
more prominent here, on account of the extreme complexity of
the subject-matter. But it does not appear from this analysis
why this skill should be regarded as a virtue: and reflection
will show that we do not ordinarily mean by wisdom merely
the faculty of finding the best means to any ends: for we
should not call the most accomplished swindler wise; whereas
we should not hesitate to attribute to him cleverness, ingenuity,
and other purely intellectual excellences. So again we apply
the term “worldly-wise” to a man who skilfully chooses the
best means to the end of ambition; but we should not call
such a man ‘wise’ without qualification. Wisdom, in short,
appears to me to imply right judgment in respect of ends as
well as means.
Here, however, a subtle question arises. For the assumption
on which this treatise proceeds is that there are several ultimate
ends of action, which all claim to be rational ends, such as every
man ought to adopt. Hence, if Wisdom implies right judgment
as to ends, it is clear that a person who regards some one end
as the sole right or rational ultimate end will not consider
a man wise who adopts any other ultimate end. Can we say
then that in the common use of the word Wisdom any one
ultimate end is distinctly implied to the exclusion of others?
It may be suggested, perhaps, that in the moral view of
Common Sense which we are now trying to make clear, since
Wisdom itself is prescribed or commended as a quality of
conduct intuitively discerned to be right or good, the ultimate
end which the wise man prefers must be just this attainment
of rightness or goodness in conduct generally; rather than
pleasure for himself or others, or any other ulterior end. I
think, however, that in the case of this notion it is impossible
to carry out that analysis of ordinary practical reasoning into
several distinct methods, each admitting and needing separate
development, upon which the plan of this treatise is founded.
For, as we saw, it is characteristic of Common Sense to assume
coincidence or harmony among these different competing
methods. And hence, while as regards most particular virtues
and duties, the exercise of moral judgment in ordinary men
is prima facie independent of hedonistic calculations, and
occasionally in apparent conflict with their results,—so that
the reconciliation of the different procedures presents itself as
a problem to be solved—in the comprehensive notion of Wisdom
the antagonism is latent. Common Sense seems to mean by a
Wise man, a man who attains at once all the different rational
ends; who by conduct in perfect conformity with the true moral
code attains the greatest happiness possible both for himself and
for mankind (or that portion of mankind to which his efforts are
necessarily restricted). But if we find this harmony unattainable,—if,
for example, Rational Egoism seems to lead to conduct
opposed to the true interests of mankind in general, and we
ask whether we are to call Wise the man who seeks, or him
who sacrifices, his private interests,—Common Sense gives no
clear reply.
§ 2. Let us now return to the question whether Wisdom,
as exhibited in right judgment as to ends, is in any degree
attainable at will, and so, according to our definition, a Virtue.
At first sight, the perception of the right end may seem not to
be voluntary any more than the cognition of any other kind of
truth; and though in most cases the attainment of truth
requires voluntary effort, still we do not generally think it
possible for any man, by this alone, to attain even approximately
the right solution of a difficult intellectual problem. It
is often said, however, that the cognition of Moral truth depends
largely upon the ‘heart,’ that is, upon a certain condition of our
desires and other emotions: and it would seem to be on this
view that Wisdom is regarded as a Virtue; and we may admit
it as such, according to the definition before given, so far as this
condition of feeling is attainable at will. Still, on closer
scrutiny, there hardly seems to be agreement as to the right
emotional conditions of the cognition of ends: as some would
say that prayer or ardent aspiration produced the most favourable
state, while others would urge that emotional excitement
is likely to perturb the judgment, and would say that we need
for right apprehension rather tranquillity of feeling: and some
would contend that a complete suppression of selfish impulses
was the essential condition, while others would regard this
as chimerical and impossible, or, if possible, a plain misdirection
of effort. On these points we cannot decide in the name of
Common Sense: but it would be generally agreed that there
are certain violent passions and sensual appetites which are
known to be liable to pervert moral apprehensions, and that
these are to some extent under the control of the Will; so that
a man who exercises moral effort to resist their influence, when
he wishes to decide on ends of action, may be said to be so
far voluntarily wise.
And this applies to some extent even to that other function
of Wisdom, first discussed, which consists in the selection of
the best means to the attainment of given ends. For experience
seems to show that our insight in practical matters is liable to
be perverted by desire and fear, and that this perversion may
be prevented by an effort of self-control: so that unwisdom, even
here, is at least not altogether involuntary. Thus in a dispute
which may lead to a quarrel, I may be entirely unable to show
foresight and skill in maintaining my right in such a manner
as to avoid needless exasperation, and so far may be unable to
conduct the dispute wisely: but it is always in my power, before
taking each important step, to reduce the influence of anger or
wounded amour propre on my decisions, and I may avoid much
unwisdom in this way. And it is to be observed that volition
has a more important part to play in developing or protecting
our insight into the right conduct of life, than it has in
respect of the technical skill to which we compared Practical
Wisdom; in proportion as the reasonings in which Practical
Wisdom is exhibited are less clear and exact, and the conclusions
inevitably more uncertain. For desire and fear could
hardly make one go wrong in an arithmetical calculation; but
in estimating a balance of complicated practical probabilities it
is more difficult to resist the influence of strong inclination:
and it would seem to be a more or less definite consciousness
of the continual need of such resistance, which leads us to
regard Wisdom as a Virtue.
We may say then that Practical Wisdom, so far as it is a
virtue, involves a habit of resistance to desires and fears which
is commonly distinguished as Self-control. But suppose a man
has determined with full insight the course of conduct that it
is reasonable for him to adopt under any given circumstances,
the question still remains whether he will certainly adopt it.
Now I hardly think that Common Sense considers the choice,
as distinct from the cognition, of right ends to belong to
Wisdom; and yet we should scarcely call a man wise who
deliberately chose to do what he knew to be contrary to
reason. The truth seems to be that the notion of such a
choice, though the modern mind admits it as possible,[184] is
somewhat unfamiliar in comparison with either (1) impulsive
irrationality, or (2) mistaken choice of bad for good. In the
last case, if the mistake is entirely involuntary, the choice
has, of course, no subjective wrongness: often, however, the
mistaken conclusion is caused by a perverting influence of
desire or fear of which the agent is obscurely conscious, and
which might be resisted and dispelled by an effort of will.
As so caused, the mistake falls under the head of culpable
unwisdom, due to want of self-control similar in kind—though
not in degree—to that which is exhibited in the rarer phenomenon
of a man deliberately choosing to do what he knows
to be bad for him.
The case of impulsive wrongdoing is somewhat different.
It is clear that a resolution made after deliberation, in accordance
with our view of what is right, should not be abandoned
or modified except deliberately—at least if time for fresh
deliberation be allowed—: and the self-control required to resist
impulses prompting to such abandonment or modification—which
we may perhaps call Firmness,—is an indispensable
auxiliary to Wisdom. But the gusts of impulse that the
varying occasions of life arouse sometimes take effect so
rapidly that the resolution to which they run counter is
not actually recalled at the time: and in this case the self-control
or firmness required to prevent unreasonable action
seems to be not attainable at will, when it is most wanted.
We can, however, cultivate this important habit by graving
our resolves deeper in the moments of deliberation that
continually intervene among the moments of impulsive
action.
§ 3. In examining the functions of Wisdom, other subordinate
excellences come into view, which are partly included
in our ideal conception of Wisdom, and partly auxiliary or
supplementary. Some of these, however, no one would exactly
call virtues: such as Sagacity in selecting the really important
points amid a crowd of others, Acuteness in seeing aids
or obstacles that lie somewhat hidden. Ingenuity in devising
subtle or complicated means to our ends, and other cognate
qualities more or less vaguely defined and named. We cannot
be acute, or ingenious, or sagacious when we please, though we
may become more so by practice. The same may be said of
Caution, so far as Caution implies taking into due account
material circumstances unfavourable to our wishes and aims:
for by no effort of will can we certainly see what circumstances
are material; we can only look steadily and comprehensively.
The term ‘Caution,’ however, may also be legitimately applied
to a species of Self-control which we shall properly regard as
a Virtue: viz. the tendency to deliberate whenever and so
long as deliberation is judged to be required, even though
powerful impulses urge us to immediate action.[185]
And, in antithesis to Caution, we may notice as another
minor virtue the quality called Decision, so far as we mean by
Decision the habit of resisting an irrational impulse to which
men are liable, of continuing to some extent in the deliberative
attitude when they know that deliberation is no longer expedient,
and that they ought to be acting. ‘Decision,’ however,
is often applied (like ‘Caution’) to denote solely or
chiefly a merely intellectual excellence; viz. the tendency to
judge rightly as to the time for closing deliberation.
I conclude then that so far as such qualities as those which
I have distinguished as Caution, and Decision, are recognised
as Virtues and not merely as intellectual excellences, it is
because they are, in fact, species of Self-control; i.e. because
they involve voluntary adoption of and adhesion to rational
judgments as to conduct, in spite of certain irrational motives
prompting in an opposite direction. Now it may seem at first
sight that if we suppose perfect correctness of judgment
combined with perfect self-control, the result will be a perfect
performance of duty in all departments; and the realisation
of perfect Virtue, except so far as this involves the presence of
certain special emotions not to be commanded at will.[186] And
no doubt a perfectly wise and self-controlled man cannot be
conceived as breaking or neglecting any moral rule. But it is
important to observe that even sincere and single-minded
efforts to realise what we see to be right may vary in
intensity; and that therefore the tendency to manifest a high
degree of intensity in such efforts is properly praised as Energy,
if the quality be purely volitional; or under some such name
as Zeal or Moral Ardour, if the volitional energy be referred
to intensity of emotion, and yet not connected with any
emotion more special than the general love of what is Right
or Good.
Note.—It is to be observed that in the discussions of this chapter
the question at issue between Intuitional and Utilitarian Ethics is not
yet reached. For, granting that we can elicit by reflection clear rules
of duty under the heads of Wisdom, Caution and Decision, the rules
are obviously not independent; they presuppose an intellectual judgment
otherwise obtained, or capable of being obtained, as to what is right or
expedient to do.
§ 1. We have seen that the virtue of Practical Wisdom
comprehends all others, so far as virtuous conduct in each
department necessarily results from a clear knowledge and
choice of the true ultimate end or ends of action, and of the
best means to the attainment of such end or ends.[187] From
this point of view, we may consider the names of the
special virtues as denoting special departments of this
knowledge; which it is now our business to examine more
closely.
When, however, we contemplate these, we discern that
there are other virtues, which, in different ways, may be
regarded as no less comprehensive than Wisdom. Especially
in modern times, since the revival of independent ethical
speculation, there have always been thinkers who have
maintained, in some form, the view that Benevolence is a
supreme and architectonic virtue, comprehending and summing
up all the others, and fitted to regulate them and determine
their proper limits and mutual relations.[188] This widely
supported claim to supremacy seems an adequate reason
for giving to Benevolence the first place after Wisdom, in our
examination of the commonly received maxims of Duty and
Virtue.
The general maxim of Benevolence would be commonly
said to be, “that we ought to love all our fellow-men,” or “all
our fellow-creatures”: but, as we have already seen, there is
some doubt among moralists as to the precise meaning of the
term “love,” in this connexion: since, according to Kant and
others, what is morally prescribed as the Duty of Benevolence
is not strictly the affection of love or kindness, so far as this
contains an emotional element, but only the determination of
the will to seek the good or happiness of others. And I agree
that it cannot be a strict duty to feel an emotion, so far as it
is not directly within the power of the Will to produce it at
any given time. Still (as I have said) it seems to me that
this emotional element is included in our common notion of
Charity or Philanthropy, regarded as a Virtue: and I think it
paradoxical[189] to deny that it raises the mere beneficent disposition
of the will to a higher degree of excellence, and
renders its effects better. If this be so, it will be a duty to
cultivate the affection so far as it is possible to do so: and
indeed this would seem (no less than the permanent disposition
to do good) to be a normal effect of repeated beneficent
resolves and actions: since, as has often been observed, a
benefit tends to excite love in the agent towards the recipient
of the benefit, no less than in the recipient towards the agent.
It must be admitted, however, that this effect is less certain
than the production of the benevolent disposition; and that
some men are naturally so unattractive to others that the
latter can feel no affection, though they may entertain benevolent
dispositions, towards the former. At any rate, it would
seem to be a duty generally, and till we find the effort fruitless,
to cultivate kind affections towards those whom we ought
to benefit; not only by doing kind actions, but by placing ourselves
under any natural influences which experience shows to
have a tendency to produce affection.
But we have still to ascertain more particularly the nature
of the actions in which this affection or disposition of will is
shown. They are described popularly as ‘doing good.’ Now
we have before[190] noticed that the notion ‘good,’ in ordinary
thought, includes, undistinguished and therefore unharmonised,
the different conceptions that men form of the ultimate end
of rational action. It follows that there is a corresponding
ambiguity in the phrase ‘doing good’: since, though many
would unhesitatingly take it to mean the promotion of Happiness,
there are others who, holding that Perfection and not
Happiness is the true ultimate Good, consistently maintain that
the real way to ‘do good’ to people is to increase their virtue or
aid their progress towards Perfection. There are, however, even
among anti-Epicurean moralists, some—such as Kant—who
take an opposite view, and argue that my neighbour’s Virtue or
Perfection cannot be an end to me, because it depends upon the
free exercise of his own volition, which I cannot help or hinder.
But on the same grounds it might equally well be argued that
I cannot cultivate Virtue in myself, but only practise it from
moment to moment: whereas even Kant does not deny that
we can cultivate virtuous dispositions in ourselves, and that
in other ways than by the performance of virtuous acts: and
Common Sense always assumes this to be possible and prescribes
it as a duty. And surely it is equally undeniable that we can
cultivate virtue in others: and indeed such cultivation is clearly
the object not only of education, but of a large part of social
action, especially of our expression of praise and blame. And
if Virtue is an ultimate end for ourselves, to be sought for its
own sake, benevolence must lead us to do what is possible to
obtain it for our neighbour. And indeed we see that in the
case of intense individual affection, the friend or lover generally
longs that the beloved should be excellent and admirable as
well as happy: perhaps, however, this is because love involves
preference, and the lover desires that the beloved should be
really worthy of preference as well as actually preferred
by him, as otherwise there is a conflict between Love and
Reason.
On the whole then, I do not find, in the common view of
what Benevolence bids us promote for others, any clear selection
indicated between the different and possibly conflicting
elements of Good as commonly conceived. But we may say, I
think, that the promotion of Happiness is practically the chief
part of what Common Sense considers to be prescribed as the
external duty of Benevolence: and for clearness’ sake we will
confine our attention to this in the remainder of the discussion.[191]
It should be observed that by happiness we are not to
understand simply the gratification of the actual desires of
others, for men too often desire what would tend to their unhappiness
in the long run: but the greatest possible amount of
pleasure or satisfaction for them on the whole—in short, such
happiness as was taken to be the rational end for each individual
in the system of Egoistic Hedonism. It is this that
Rational Benevolence bids us provide for others; and if one
who loves is led from affectionate sympathy with the longings
of the beloved to gratify those longings believing that the
gratification will be attended with an overplus of painful
consequences, we commonly say that such affection is weak
and foolish.
§ 2. It remains to ask towards whom this disposition or
affection is to be maintained, and to what extent. And,
firstly, it is not quite clear whether we owe benevolence to
men alone, or to other animals also. That is, there is a
general agreement that we ought to treat all animals with
kindness, so far as to avoid causing them unnecessary pain;
but it is questioned whether this is directly due to sentient
beings as such, or merely prescribed as a means of cultivating
kindly dispositions towards men. Intuitional moralists of
repute have maintained this latter view: I think, however,
that Common Sense is disposed to regard this as a hard-hearted
paradox, and to hold with Bentham that the pain of animals
is per se to be avoided. Passing to consider how our benevolence
ought to be distributed among our fellow-men, we may
conveniently make clear the Intuitional view by contrasting
it with that of Utilitarianism. For Utilitarianism is sometimes
said to resolve all virtue into universal and impartial
Benevolence: it does not, however, prescribe that we should
love all men equally, but that we should aim at Happiness
generally as our ultimate end, and so consider the happiness
of any one individual as equally important with the equal
happiness of any other, as an element of this total; and should
distribute our kindness so as to make this total as great as
possible, in whatever way this result may be attained.
Practically of course the distribution of any individual’s services
will, even on this view, be unequal: as each man will
obviously promote the general happiness best by rendering
services to a limited number, and to some more than others:
but the inequality, on the Utilitarian theory, is secondary and
derivative. Common Sense, however, seems rather to regard
it as immediately certain without any such deduction that we
owe special dues of kindness to those who stand in special
relations to us. The question then is, on what principles,
when any case of doubt or apparent conflict of duties arises,
we are to determine the nature and extent of the special
claims to affection and kind services which arise out of these
particular relations of human beings. Are problems of this
kind to be solved by considering which course of conduct is on
the whole most conducive to the general happiness, or can we
find independent and self-evident principles sufficiently clear
and precise to furnish practical guidance in such cases? The
different answers given to this fundamental question will obviously
constitute the main difference between the Intuitional
and Utilitarian methods; so far as the ‘good’ which the
benevolent man desires and seeks to confer on others is
understood to be Happiness.
When, however, we come to investigate this question we
are met with a difficulty in the arrangement of the subject,
which, like most difficulties of classification, deserves attentive
consideration, as it depends upon important characteristics of
the matter that has to be arranged. In a narrower sense of the
term, Benevolence is not unfrequently distinguished from—and
even contrasted with—Justice; we may of course exercise
both towards the same persons, but we commonly assume that
the special function of Benevolence begins where Justice ends;
and it is rather with this special function that we are concerned
in considering claims to affection, and to kind services
normally prompted by affection. At the same time, if we
consider these services as strictly due to persons in certain relations,
the moral notion under which these duties are presented
to us is not easily distinguishable from that of Justice; while
yet these duties can hardly be withdrawn from the sphere of
Benevolence in the narrowest sense. It is sometimes given as
a distinction between Justice and Benevolence, that the services
which Justice prescribes can be claimed as a right by
their recipient, while Benevolence is essentially unconstrained:
but we certainly think (e.g.) that parents have a right to filial
affection and to the services that naturally spring from it. It
is further said that the duties of Affection are essentially indefinite,
while those we classify under the head of Justice are
precisely defined: and no doubt this is partly true. We not
only find it hard to say exactly how much a son owes his
parents, but we are even reluctant[192] to investigate this: we do
not think that he ought to ask for a precise measure of his
duty, in order that he may do just so much and no more;
while a great part of Justice consists in the observance of
stated agreements and precise rules. At the same time it is
difficult to maintain this distinction as a ground of classification;
for the duties of Affection are admittedly liable to come
into competition with each other, and with other duties; and
when this apparent conflict of duties occurs, we manifestly
need as precise a definition as possible of the conflicting
obligations, in order to make a reasonable choice among the
alternatives of conduct presented to us. Accordingly in the
following chapter (§ 2) I shall show how this competition of
claims renders our common notion of Justice applicable to
these no less than to other duties: meanwhile, it seems proper
to treat here separately of all duties that arise out of relations
where affection normally exists, and where it ought to be
cultivated, and where its absence is deplored if not blamed.
For all are agreed that there are such duties, the non-performance
of which is a ground for censure, beyond the
obligations imposed by law, or arising out of specific contract,
which will come under a different head.
Beyond these duties, again, there seems to be a region of
performance where the services rendered cannot properly be
claimed as of debt, and blame is not felt to be due for non-performance:
and with regard to this region, too,—which
clearly belongs to Benevolence as contrasted with Justice—there
is some difficulty in stating the view of Common Sense
morality. There are two questions to be considered. We
have to ask, firstly, whether services rendered from affection,
over and above what strict Duty is thought to require, are to
be deemed Virtuous; and secondly, whether the affection itself
is to be considered worthy of admiration as a moral excellence,
and therefore a mental condition that we should strive to
attain. I think that Common Sense clearly regards as
virtuous the disposition to render substantial positive services
to men at large, and promote their well-being,—whether such
a disposition springs out of natural kindliness of feeling
towards human beings generally, or whether it is merely the
result of moral effort and resolve—provided it is accompanied
by an adequate degree of intellectual enlightenment.[193] And
the same may be said of the less comprehensive affection
that impels men to promote the well-being of the community
of which they are members; and again of the affection that
normally tends to accompany the recognition of rightful rule
or leadership in others. In some ages and countries Patriotism
and Loyalty have been regarded as almost supreme among the
virtues; and even now Common Sense gives them a high
place.
But when we pass to more restricted, and, ordinarily more
intense, affections, such as those which we feel for relations
and friends, it becomes more difficult to determine whether
they are to be considered as moral excellences and cultivated
as such.
First, to avoid confusion, we must remark that Love is not
merely a desire to do good to the object beloved, although
it always involves such a desire. It is primarily a pleasurable
emotion, which seems to depend upon a certain sense of union
with another person, and it includes, besides the benevolent
impulse, a desire of the society of the beloved: and this
element may predominate over the former, and even conflict
with it, so that the true interests of the beloved may be
sacrificed. In this case we call the affection selfish, and do
not praise it at all, but rather blame. If now we ask whether
intense Love for an individual, considered merely as a benevolent
impulse, is in itself a moral excellence, it is difficult to
extract a very definite answer from Common Sense: but I
think it inclines on the whole to the negative. We are no
doubt generally inclined to admire any kind of conspicuously
‘altruistic’ conduct and any form of intense love, however
restricted in its scope; yet it hardly seems that the susceptibility
to such individualised benevolent emotions is exactly
regarded as an essential element of moral Perfection, which
we ought to strive after and cultivate like other moral
excellences; we seem, in fact, to doubt whether such effort is
desirable in this case, at least beyond the point up to which
such affection is thought to be required for the performance of
recognised duties. Again, we think it natural and desirable
that—as generally speaking each person feels strong affection
for only a few individuals,—in his efforts to promote directly
the well-being of others he should, to a great extent, follow
the promptings of such restricted affection: but we are hardly
prepared to recommend that he should render services to
special individuals beyond what he is bound to render, and
such as are the natural expression of an eager and overflowing
affection, without having any such affection to express:
although, as was before said, in certain intimate relations
we do not approve of the limits of duty being too exactly
measured.
On the whole, then, I conclude that—while we praise and
admire enthusiastic Benevolence and Patriotism, and are touched
and charmed by the spontaneous lavish outflow of Gratitude,
Friendship, and the domestic affections—still what chiefly
concerns us as moralists, under the present head, is the ascertainment
of the right rules of distribution of services and kind
acts, in so far as we consider the rendering of these to be
morally obligatory. For provided a man fulfils these duties
(and observes the other recognised rules of morality) Common
Sense is not prepared to say how far it is right or good that
he should sacrifice any other noble and worthy aim—such as
the cultivation of knowledge or any of the fine arts—to the
claims of philanthropy or personal affection: there seem to
be no generally accepted “intuitional” principles for determining
such a choice of alternatives.[194]
§ 3. What then are the duties that we owe to our fellow-men—so
far as they do not seem to come under the head of
Justice more properly than Benevolence? Perhaps the mere
enumeration of them is not difficult. We should all agree
that each of us is bound to show kindness to his parents and
spouse and children, and to other kinsmen in a less degree:
and to those who have rendered services to him, and any others
whom he may have admitted to his intimacy and called
friends: and to neighbours and to fellow-countrymen more
than others: and perhaps we may say to those of our own
race more than to black or yellow men, and generally to
human beings in proportion to their affinity to ourselves.
And to our country as a corporate whole we believe ourselves
to owe the greatest sacrifices when occasion calls (but in a
lower stage of civilisation this debt is thought to be due
rather to one’s king or chief): and a similar obligation seems
to be recognised, though less definitely and in a less degree,
as regards minor corporations of which we are members. And
to all men with whom we may be brought into relation we
are held to owe slight services, and such as may be rendered
without inconvenience: but those who are in distress or
urgent need have a claim on us for special kindness. These
are generally recognised claims: but we find considerable
difficulty and divergence, when we attempt to determine more
precisely their extent and relative obligation: and the divergence
becomes indefinitely greater when we compare the
customs and common opinions now existing among ourselves
in respect of such claims, with those of other ages and
countries. For example, in earlier ages of society a peculiar
sacredness was attached to the tie of hospitality, and claims
arising out of it were considered peculiarly stringent: but
this has changed as hospitality in the progress of civilisation
has become a luxury rather than a necessary, and we do not
think that we owe much to a man because we have asked him
to dinner. Or again we may take an instance where the
alteration is perhaps actually going on—the claims of kindred
in respect of bequest. We should now commonly think that
a man ought usually to leave his property to his children:
but that if he has no children we think he may do what he
likes with it, unless any of his brothers or sisters are in
poverty, in which case compassion seems to blend with and
invigorate the evanescent claim of consanguinity. But in
an age not long past a childless man was held to be morally
bound to leave his money to his collateral relatives: and thus
we are naturally led to conjecture that in the not distant
future, any similar obligation to children—unless they are in
want or unless their education is not completed—may have
vanished out of men’s minds. A similar change might be
traced in the commonly recognised duty of children to parents.
It may however be urged that this variation of custom is
no obstacle to the definition of duty, because we may lay down
that the customs of any society ought to be obeyed so long
as they are established, just as the laws ought, although both
customs and laws may be changed from time to time. And
no doubt it is generally expedient to conform to established
customs: still, on reflection, we see that it cannot be laid
down as an absolute duty. For the cases of Custom and Law
are not similar: as in every progressive community there is
a regular and settled mode of abrogating laws that are found
bad: but customs cannot be thus formally abolished, and we
only get rid of them through the refusal of private individuals
to obey them; and therefore it must be sometimes right to
do this, if some customs are vexatious and pernicious, as we
frequently judge those of antique and alien communities to
be. And if we say that customs should generally be obeyed,
but that they may be disobeyed when they reach a certain
degree of inexpediency, our method seems to resolve itself
into Utilitarianism: for we cannot reasonably rest the general
obligation upon one principle, and determine its limits and
exceptions by another. If the duties above enumerated can
be referred to independent and self-evident principles, the
limits of each must be implicitly given in the intuition that
reveals the principle.
§ 4. In order then to ascertain how far we possess such
principles, let us examine in more detail what Common Sense
seems to affirm in respect of these duties.
They seem to range themselves under four heads. There
are (1) duties arising out of comparatively permanent relationships
not voluntarily chosen, such as Kindred and in
most cases Citizenship and Neighbourhood: (2) those of
similar relationships voluntarily contracted, such as Friendship:
(3) those that spring from special services received, or
Duties of Gratitude: and (4) those that seem due to special
need, or Duties of Pity. This classification is, I think, convenient
for discussion: but I cannot profess that it clearly
and completely avoids cross divisions; since, for example, the
principle of Gratitude is often appealed to as supplying the
rationale for the duties owed by children to parents. Here,
however, we come upon a material disagreement and difficulty
in determining the maxim of this species of duty. It would
be agreed that children owe to their parents respect and
kindness generally, and assistance in case of infirmity or any
special need: but it seems doubtful how far this is held by
Common Sense to be due on account of the relationship alone,
or on account of services rendered during infancy, and how
far it is due to cruel or neglectful parents. Most perhaps
would say, here and in other cases, that mere nearness of
blood constituted a certain claim: but they would find it hard
to agree upon its exact force.[195]
But, apart from this, there seems great difference of opinion
as to what is due from children to parents who have performed
their duty; as, for example, how far obedience is due from a
child who is no longer in its parents’ guardianship or dependent
on them for support:—whether (e.g.) a son or a daughter is
bound not to oppose a parent’s wishes in marrying or choosing
a profession. Practically we find that parental control is
greater in the case of persons who can enrich their children
by testament: still we can hardly take this into consideration
in determining the ideal of filial duty: for to this, whatever
it may be, the child is thought to be absolutely bound,
and not as a quidproquo in anticipation of future benefits:
and many would hold that a parent had no moral right to
disinherit a child, except as a penalty for a transgression of
duty.
And this leads to what we may conveniently examine next,
the duty of parents to children. This too we might partly
classify under a different head, viz. that of duties arising out
of special needs: for no doubt children are naturally objects of
compassion, on account of their helplessness, to others besides
their parents. But on the latter they have a claim of a different
kind, springing from the universally recognised duty of
not causing pain or any harm to other human beings, directly
or indirectly, except in the way of deserved punishment: for
the parent, being the cause of the child’s existing in a helpless
condition, would be indirectly the cause of the suffering and
death that would result to it if neglected. Still this does not
seem an adequate explanation of parental duty, as recognised
by Common Sense. For we commonly blame a parent who
leaves his children entirely to the care of others, even if he
makes ample provision for their being nourished and trained
up to the time at which they can support themselves by their
own labour. We think that he owes them affection (as far as
this can be said to be a duty) and the tender and watchful care
that naturally springs from affection: and, if he can afford it,
somewhat more than the necessary minimum of food, clothing,
and education. Still it does not seem clear how far beyond
this he is bound to go. It is easy to say broadly that he ought
to promote his children’s happiness by all means in his power:
and no doubt it is natural for a good parent to find his own
best happiness in his children’s, and we are disposed to blame
any one who markedly prefers his own interest to theirs: still
it seems unreasonable that he should purchase a small increase
of their happiness by a great sacrifice of his own: and moreover
there are other worthy and noble ends which may (and
do) come into competition with this. To take instances of
actual occurrence: one parent is led to give up some important
and valuable work, which perhaps no one else can or will do,
in order to leave his children a little more wealth: another
brings them to the verge of starvation in order to perfect an
invention or prosecute scientific researches. We seem to condemn
either extreme: yet what clear and accepted principle
can be stated for determining the true mean?
Again, as we have seen, some think that a parent has no
right to bequeath his inheritance away from his children,
unless they have been undutiful: and in some states this is
even forbidden by law. Others, however, hold that children
as such have no claims to their parents’ wealth: but only if
there is a tacit understanding that they will succeed to it, or,
at any rate, if they have been reared in such habits of life and
social relations as will render it difficult and painful for them
to live without inherited wealth.
It would be tedious to go in detail through all the degrees
of consanguinity, as it is clear that our conception of the
mutual duties of kinsmen becomes vaguer as the kinship
becomes more remote. Among children of the same parents,
brought up together, affection of more or less strength grows
up so naturally and commonly, that we regard those who feel
no affection for their brothers and sisters with a certain aversion
and moral contempt, as somewhat inhuman: and we think
that in any case the services and kind acts which naturally
spring from affection ought to be rendered to some extent;
but the extent seems quite undefined. And even towards
remoter kinsmen we think that a certain flow of kindly feeling
will attend the representation of consanguinity in men of good
dispositions. Some indeed still think that cousins have a
moral right to a man’s inheritance in default of nearer heirs,
and to assistance in any need; but it seems equally common
to hold that they can at most claim to be selected ceteris
paribus as the recipients of bounty, and that an unpromising
cousin should not be preferred to a promising stranger.
§ 5. I have placed Neighbourhood along with Kindred
among the relations out of which a certain claim for mutual
services is thought to spring. However, no one perhaps would
say that mere local juxtaposition is in itself a ground of
duties: it seems rather that neighbours naturally feel more
sympathy with one another than with strangers, as the tie of
common humanity is strengthened even by such conjunction
and mutual association as mere neighbourhood (without co-operation
or friendship) may involve, and a man in whom this
effect is not produced is thought more or less inhuman. And so
in large towns where this mutual sympathy does not so
naturally grow up (for all the townsmen are in a sense neighbours,
and one cannot easily sympathise with each individual
in a multitude), the tie of neighbourhood is felt to be relaxed,
and neighbour only claims from neighbour, as the nearest man,
what one man may claim from another. For there are some
services, slight in ordinary times but greater in the case of
exceptional need, which any man is thought to have a right
to ask from any other: so that a comparatively trifling circumstance
may easily give a special direction to this general
claim, and make it seem reasonable that the service should be
asked from one person rather than another. Thus any degree
of kinship seems to have this effect (since the representation
of this tends to produce a feeling of union and consequent
sympathy), and so even the fact of belonging to the same
province, as creating a slight probability of community of
origin; and again similarities of various kinds, as one sympathises
more easily with one’s like, and so persons naturally
seek aid in distress from those of the same age, or sex, or
rank, or profession. The duty of neighbourhood seems therefore
only a particular application of the duty of general
benevolence or humanity. And the claim of fellow-countrymen
is of the same kind: that is, if they are taken as individuals;
for one’s relation to one’s country as a whole is thought to
be of a different kind, and to involve much more stringent
obligations.
Still the duties of Patriotism are difficult to formulate.
For the mere obedience to the laws of a country which morality
requires from all its inhabitants seems to come under another
head: and aliens are equally bound to this. And in the case
of most social functions which men undertake, patriotism is at
least not a prominent nor indispensable motive: for they
undertake them primarily for the sake of payment; and having
undertaken them, are bound by Justice and Good Faith to
perform them adequately. However, if any of the functions of
Government are unpaid, we consider that men exhibit patriotism
in performing them: for though it is plausible to say that
they get their payment in social distinction, still on reflection
this view does not appear to be quite appropriate; since social
distinction is intended to express feelings of honour and
respect, and we cannot properly render these as part of a bargain,
but only as a tribute paid to virtue or excellence of some
kind. But how far any individual is bound to undertake
such functions is not quite clear: and the question seems
generally decided by considerations of expediency,—except in
so far as duties of this kind devolve, legally or constitutionally,
upon all the citizens in a free country, as is ordinarily the
case to some extent. Among these the duty of fighting the
national enemies is prominent in many countries: and even
where this function has become a salaried and voluntarily
adopted profession, it is often felt to be in a special sense the
‘service of one’s country,’ and we think it at least desirable
and best that it should be performed with feelings of patriotism:
as we find it somewhat degrading and repulsive that a
man should slaughter his fellow-men for hire. And in great
crises of national existence the affection of Patriotism is
naturally intensified: and even in ordinary times we praise a
man who renders services to his country over and above the
common duties of citizenship. But whether a citizen is at any
time morally bound to more than certain legally or constitutionally
determined duties, does not seem to be clear: nor,
again, is there general agreement on the question whether by
voluntary expatriation[196] he can rightfully relieve himself of all
moral obligations to the community in which he was born.
Nor, finally, does there seem to be any consensus as to
what each man owes to his fellow-men, as such. The Utilitarian
doctrine, as we have seen, is that each man ought to
consider the happiness of any other as theoretically of equal
importance with his own, and only of less importance practically,
in so far as he is better able to realise the latter. And it
seems to me difficult to say decidedly that this is not the
principle of general Benevolence, as recognised by the common
sense of mankind. But it must be admitted that there is
also current a lower and narrower estimate of the services
that we are held to be strictly bound to render to our fellow-men
generally. This lower view seems to recognise (1)—as
was before noticed—a negative duty to abstain from causing
pain or harm to any of our fellow-men, except in the way of
deserved punishment; to which we may add, as an immediate
corollary, the duty of making reparation for any harm that we
may have done them:[197] and (2) a positive duty to render, when
occasion offers, such services as require either no sacrifice on
our part, or at least one very much less in importance than the
service rendered. Further, a general obligation of being ‘useful
to society’ by some kind of systematic work is vaguely recognised;
rich persons who are manifest drones incur some
degree of censure from the majority of thoughtful persons.
Beyond this somewhat indefinite limit of Duty extends the
Virtue of Benevolence without limit: for excess is not thought
to be possible in doing good to others, nor in the disposition to
do it, unless it leads us to neglect definite duties.
Under the notion of Benevolence as just defined, the
minor rules of Gentleness, Politeness, Courtesy, etc. may be
brought, in so far as they prescribe the expression of general
goodwill and abstinence from anything that may cause pain to
others in conversation and social demeanour. There is, however,
an important part of Politeness which it may be well
to notice and discuss separately; the duty, namely, of showing
marks of Reverence to those to whom they are properly due.
Reverence we may define as the feeling which accompanies
the recognition of Superiority or Worth in others. It does
not seem to be necessarily in itself benevolent, though often
accompanied by some degree of love. But its ethical characteristics
seem analogous to those of benevolent affection, in so
far as, while it is not a feeling directly under the control of
the will, we yet expect it under certain circumstances and
morally dislike its absence, and perhaps commonly consider the
expression of it to be sometimes a duty, even when the feeling
itself is absent.
Still, as to this latter duty of expressing reverence, there
seems to be great divergence of opinion. For the feeling seems
to be naturally excited by all kinds of superiority,—not merely
moral and intellectual excellences, but also superiorities of
rank and position: and indeed in the common behaviour
of men it is to the latter that it is more regularly and
formally rendered. And yet, again, it is commonly said
that Reverence is more properly due to the former, as being
more real and intrinsic superiorities: and many think that
to show any reverence to men of rank and position rather
than to others is servile and degrading: and some even
dislike the marks of respect which in most countries are
exacted by official superiors from their subordinates, saying
that obedience legally defined is all that is properly owed in
this relation.
A more serious difficulty of a somewhat similar kind arises
when we consider how far it is a duty to cultivate the affection
of Loyalty: meaning by this term—which is used in various
senses—the affection that is normally felt by a well-disposed
servant or official subordinate towards a good master or official
superior. On the one hand it is widely thought that the duties
of obedience which belong to these relations will be better
performed if affection enters into the motive, no less than the
duties of the family relations: but in the former case it seems
to be a tenable view that the habits of orderliness and good
faith—ungrudging obedience to law and ungrudging fulfilment
of contract—will ordinarily suffice, without personal affection;
and, on the other hand, a disposition to obey superiors, beyond
the limits of their legal or contractual rights to issue commands,
may easily be mischievous in its effects, if the superiors are
ill-disposed. In the case of a wise and good superior it is,
indeed, clearly advantageous that inferiors should be disposed
to obey beyond these limits; but it is not therefore clear that
this disposition is one which it should be made a duty to
cultivate beyond the degree in which it results spontaneously
from a sense of the superior’s goodness and wisdom. Nor do
I think that any decided enunciation of duty on this point
can be extracted from Common Sense.
§ 6. We have next to consider the duties of Affection that
arise out of relationships voluntarily assumed. Of these the
most important is the Conjugal Relation. And here we may
begin by asking whether it be the duty of human beings
generally to enter into this relation. It is no doubt normal
to do so, and most persons are prompted to it by strong
desires: but in so far as it can be said to be prescribed by
Common Sense, it does not seem an independent duty, but
derivative from and subordinate to the general maxims of
Prudence and Benevolence.[198] And in all modern civilised
societies, law and custom leave the conjugal union perfectly
optional: but the conditions under which it may be formed,
and to a certain extent the mutual rights and duties arising
out of it, are carefully laid down by law; and it is widely
thought that this department of law more than others ought
to be governed by independent moral principles, and to protect,
as it were, by an outer barrier, the kind of relation which
morality prescribes. If we ask what these principles are,
Common Sense—in modern European communities—seems to
answer that the marriage union ought to be (1) exclusively
monogamic, (2) at least designed to be permanent, and (3) not
within certain degrees of consanguinity. I do not, however,
think that any of these propositions can on reflection be
maintained to be self-evident. Even against incest we seem
to have rather an intense sentiment than a clear intuition;
and it is generally recognised that the prohibition of all but
monogamic unions can only be rationally maintained on
utilitarian grounds.[199] As regards the permanence of the
marriage-contract all would no doubt agree that fidelity is
admirable in all affections, and especially in so close and
intimate a relation as the conjugal: but we cannot tell a
priori how far it is possible to prevent decay of love in all
cases: and it is certainly not self-evident that the conjugal
relation ought to be maintained when love has ceased; nor
that if the parties have separated by mutual consent they
ought to be prohibited from forming fresh unions. In so far
as we are convinced of the rightness of this regulation, it is
always, I think, from a consideration of the generally mischievous
consequences that would ensue if it were relaxed.
Further, in considering the evils on the opposite side
we are led to see that there is no little difference of opinion
among moral persons as to the kind of feeling which is
morally indispensable to this relation. For some would say
that marriage without intense and exclusive affection is
degrading even though sanctioned by law: while others
would consider this a mere matter of taste, or at least of
prudence, provided there was no mutual deception: and between
these two views we might insert several different shades
of opinion.
Nor, again, is there agreement as to the external duties
arising out of the relationship. For all would lay down
conjugal fidelity, and mutual assistance (according to the
customary division of labour between men and women—unless
this should be modified by mutual agreement). But beyond
this we find divergence: for some state that “the marriage
contract binds each party, whenever individual gratification is
concerned, to prefer the happiness of the other party to its
own[200]”: while others would say that this degree of unselfishness
is certainly admirable, but as a mere matter of duty it is
enough if each considers the other’s happiness equally with his
(or her) own. And as to the powers and liberties that ought
to be allowed to the wife, and the obedience due from her to
the husband—I need scarcely at the present time (1874)
waste space in proving that there is no consensus of moral
opinion.
§ 7. The conjugal relation is, in its origin, of free choice,
but when it has once been formed, the duties of affection that
arise out of it are commonly thought to be analogous to those
arising out of relations of consanguinity. It therefore holds
an intermediate position between these latter, and ordinary
friendships, partnerships, and associations, which men are
equally free to make and to dissolve. Now most associations
that men form are for certain definite ends, determined by
express contract or tacit understanding: accordingly the
duty arising out of them is merely that of fidelity to such
contract or understanding, which will be considered later
under the heads of Justice and Good Faith. But this does
not seem to be the case with what in a strict sense of the
term are called Friendships[201]: for although Friendship
frequently arises among persons associated for other ends,
yet the relation is always conceived to have its end in itself,
and to be formed primarily for the development of mutual
affection between the friends, and the pleasure which attends
this. Still, it is thought that when such an affection has
once been formed it creates mutual duties which did not
previously exist: we have therefore to inquire how far this
is the case, and on what principles these can be determined.
Now here a new kind of difficulty has to be added to those
which we have already found in attempting to formulate
Common Sense. For we find some who say that, as it is
essential to Friendship that the mutual kindly feeling, and the
services springing from it, should be spontaneous and unforced,
neither the one nor the other should be imposed as a duty; and,
in short, that this department of life should be fenced from the
intrusion of moral precepts, and left to the free play of natural
instinct. And this doctrine all would perhaps admit to a certain
extent: as, indeed, we have accepted it with regard to all the
deeper flow and finer expression of feeling even in the domestic
relations: for it seemed pedantic and futile to prescribe rules
for this, or even (though we naturally admire and praise any
not ungraceful exhibition of intense and genuine affection) to
delineate an ideal of excellence for all to aim at. Still, there
seemed to be an important sphere of strict duty—however hard
to define—in the relations of children to parents, etc., and even
in the case of friendship it seems contrary to common sense to
recognise no such sphere; as it not unfrequently occurs to
us to judge that one friend has behaved wrongly to another,
and to speak as if there were a clearly cognisable code of
behaviour in such relations.
Perhaps, however, we may say that all clear cases of wrong
conduct towards friends come under the general formula of
breach of understanding. Friends not unfrequently make
definite promises of service, but we need not consider these,
as their violation is prohibited by a different and clearer moral
rule. But further, as all love is understood to include[202] a
desire for the happiness of its object, the profession of friendship
seems to bind one to seek this happiness to an extent
proportionate to such profession. Now common benevolence
(cf. ante, § 5) prescribes at least that we should render to other
men such services as we can render without any sacrifice, or
with a sacrifice so trifling as to be quite out of proportion to
the service rendered. And since the profession of friendship—though
the term is used to include affections of various degree—must
imply a greater interest in one’s friend’s happiness than
in that of men in general, it must announce a willingness to
make more or less considerable sacrifices for him, if occasion
offers. If then we decline to make such sacrifices, we do
wrong by failing to fulfil natural and legitimate expectations.
So far there seems no source of difficulty except the indefiniteness
inevitably arising from the wide range of meanings covered
by the term Friendship. But further questions arise in consequence
of the changes of feeling to which human nature is
liable: first, whether it is our duty to resist such changes as
much as we can; and secondly, whether if this effort fails, and
love diminishes or departs, we ought still to maintain a disposition
to render services corresponding to our past affection.
And on these points there does not seem to be agreement
among moral and refined persons. For, on the one hand, it is
natural to us to admire fidelity in friendship and stability
of affections, and we commonly regard these as most important
excellences of character: and so it seems strange if we are
not to aim at these as at all other excellences, as none more
naturally stir us to imitation. And hence many would be
prepared to lay down that we ought not to withdraw affection
once given, unless the friend behaves ill: while some would
say that even in this case we ought not to break the friendship
unless the crime is very great. Yet, on the other hand, we
feel that such affection as is produced by deliberate effort of
will is but a poor substitute for that which springs spontaneously,
and most refined persons would reject such a boon:
while, again, to conceal the change of feeling seems insincere
and hypocritical.
But as for services, a refined person would not accept such
from a former friend who no longer loves him: unless in
extreme need, when any kind of tie is, as it were, invigorated
by the already strong claim which common humanity gives each
man upon all others. Perhaps, therefore, there cannot be a
duty to offer such services in any case, when the need is not
extreme. Though this inference is not quite clear: for in
relations of affection we often praise one party for offering what
we rather blame the other for accepting. But it seems that
delicate questions of this kind are more naturally referred to
canons of good taste and refined feeling than of morality proper:
or at least only included in the scope of morality in so far as we
have a general duty to cultivate good taste and refinement of
feeling, like other excellences.
On the whole, then, we may say that the chief difficulties
in determining the moral obligations of friendship arise (1) from
the indefiniteness of the tacit understanding implied in the
relation, and (2) from the disagreement which we find as to the
extent to which Fidelity is a positive duty. It may be observed
that the latter difficulty is especially prominent in respect of
those intimacies between persons of different sex which precede
and prepare the way for marriage.
§ 8. I pass now to the third head, Gratitude. It has
been already observed that the obligation of children to parents
is sometimes based upon this: and in other affectionate relationships
it commonly blends with and much strengthens the
claims that are thought to arise out of the relations themselves;
though none of the duties that we have discussed seem referable
entirely to gratitude. But where gratitude is due, the
obligation is especially clear and simple. Indeed the duty of
requiting benefits seems to be recognised wherever morality
extends; and Intuitionists have justly pointed to this recognition
as an instance of a truly universal intuition. Still,
though the general force of the obligation is not open to
doubt (except of the sweeping and abstract kind with which
we have not here to deal), its nature and extent are by no
means equally clear.
In the first place, it may be asked whether we are only
bound to repay services, or whether we owe the special affection
called Gratitude; which seems generally to combine kindly
feeling and eagerness to requite with some sort of emotional
recognition of superiority, as the giver of benefits is in a position
of superiority to the receiver. On the one hand we seem to
think that, in so far as any affection can possibly be a duty,
kindly feeling towards benefactors must be such: and yet to
persons of a certain temperament this feeling is often peculiarly
hard to attain, owing to their dislike of the position of inferiority;
and this again we consider a right feeling to a certain
extent, and call it ‘independence’ or ‘proper pride’; but this
feeling and the effusion of gratitude do not easily mix, and the
moralist finds it difficult to recommend a proper combination
of the two. Perhaps it makes a great difference whether the
service be lovingly done: as in this case it seems inhuman that
there should be no response of affection: whereas if the benefit
be coldly given, the mere recognition of the obligation and
settled disposition to repay it seem to suffice. And ‘independence’
alone would prompt a man to repay the benefit in order
to escape from the burden of obligation. But it seems doubtful
whether in any case we are morally satisfied with this as the
sole motive.
It is partly this impatience of obligation which makes a
man desirous of giving as requital more than he has received;
for otherwise his benefactor has still the superiority of having
taken the initiative. But also the worthier motive of affection
urges us in the same direction: and here, as in other affectionate
services, we do not like too exact a measure of duty; a
certain excess falling short of extravagance seems to be what
we admire and praise. In so far, however, as conflict of claims
makes it needful to be exact, we think perhaps that an equal
return is what the duty of gratitude requires, or rather willingness
to make such a return, if it be required, and if it is
in our power to make it without neglecting prior claims. For
we do not think it obligatory to requite services in all cases,
even if it be in our power to do so, if the benefactor appear to
be sufficiently supplied with the means of happiness: but if he
either demand it or obviously stand in need of it, we think it
ungrateful not to make an equal return. But when we try to
define this notion of ‘equal return,’ obscurity and divergence
begin. For (apart from the difficulty of comparing different
kinds of services where we cannot make repayment in kind)
Equality has two distinct meanings, according as we consider
the effort made by the benefactor, or the service rendered to
the benefited. Now perhaps if either of these be great, the
gratitude is naturally strong: for the apprehension of great
earnestness in another to serve us tends to draw from us a
proportionate response of affection: and any great pleasure or
relief from pain naturally produces a corresponding emotion of
thankfulness to the man who has voluntarily caused this, even
though his effort may have been slight. And hence it has
been suggested, that in proportioning the dues of gratitude we
ought to take whichever of the two considerations will give
the highest estimate. But this does not seem in accordance
with Common Sense: for the benefit may be altogether
unacceptable, and it is hard to bind us to repay in full every
well-meant blundering effort to serve us; though we feel
vaguely that some return should be made even for this. And
though it is more plausible to say that we ought to requite an
accepted service without weighing the amount of our benefactor’s
sacrifice, still when we take extreme cases the rule
seems not to be valid: e.g. if a poor man sees a rich one
drowning and pulls him out of the water, we do not think
that the latter is bound to give as a reward what he would
have been willing to give for his life. Still, we should think
him niggardly if he only gave his preserver half-a-crown:
which might, however, be profuse repayment for the cost of
the exertion. Something between the two seems to suit our
moral taste: but I find no clear accepted principle upon which
the amount can be decided.
The last claim to be considered is that of Special Need.
This has been substantially stated already, in investigating the
obligation of General Benevolence or Common Humanity.
For it was said that we owe to all men such services as we
can render by a sacrifice or effort small in comparison with the
service: and hence, in proportion as the needs of other men
present themselves as urgent, we recognise the duty of relieving
them out of our superfluity. But I have thought it right
to notice the duty separately, because we are commonly
prompted to fulfil it by the specific emotion of Pity or Compassion.
Here, again, there seems a doubt how far it is good
to foster and encourage this emotion—as distinct from the
practical habit of rendering prompt aid and succour in distress,
whenever such succour is judged to be right. On the one
hand, the emotional impulse tends to make the action of
relieving need not only easier to the agent, but more graceful
and pleasing: on the other hand, it is generally recognised
that mistaken pity is more likely to lead us astray than—e.g.—mistaken
gratitude: as it is more liable to interfere dangerously
with the infliction of penalties required for the maintenance
of social order, or with the operation of motives to
industry and thrift, necessary for economic well-being.
And when—to guard against the last-mentioned danger—we
try to define the external duty of relieving want, we find
ourselves face to face with what is no mere problem of the
closet, but a serious practical perplexity to most moral persons
at the present day. For many ask whether it is not our duty
to refrain from all superfluous indulgences, until we have
removed the misery and want that exist around us, as far as
they are removable by money. And in answering this question
Common Sense seems to be inevitably led to a consideration of
the economic consequences of attempting—either by taxation
and public expenditure, or by the voluntary gifts of private
persons—to provide a sufficient income for all needy members
of the community; and is thus gradually brought to substitute
for the Intuitional method of dealing with problems of this
kind a different procedure, having at least much affinity with
the Utilitarian method.[203]
In conclusion, then, we must admit that while we find a
number of broad and more or less indefinite rules unhesitatingly
laid down by Common Sense in this department of duty,
it is difficult or impossible to extract from them, so far as
they are commonly accepted, any clear and precise principles
for determining the extent of the duty in any case. And yet,
as we saw, such particular principles of distribution of the
services to which good-will prompts seem to be required for
the perfection of practice no less than for theoretical completeness;
in so far as the duties which we have been considering
are liable to come into apparent conflict with each other and
with other prescriptions of the moral code.
In reply it may perhaps be contended that if we are
seeking exactness in the determination of duty, we have begun
by examining the wrong notion: that, in short, we ought to
have examined Justice rather than Benevolence. It may be
admitted that we cannot find as much exactness as we sometimes
practically need, by merely considering the common
conceptions of the duties to which men are prompted by
natural affections; but it may still be maintained that we shall
at any rate find such exactness adequately provided for under
the head of Justice. This contention I will proceed to examine
in the next chapter.
Note.—It should be borne in mind throughout the discussion carried
on in this and the next six chapters that what we are primarily endeavouring
to ascertain is not true morality but the morality of Common Sense:
so that if any moral proposition is admitted to be paradoxical, the admission
excludes it,—not as being necessarily false, but as being not what
Common Sense holds.
§ 1. We have seen that in delineating the outline of duty,
as intuitively recognised, we have to attempt to give to
common terms a definite and precise meaning. This process
of definition always requires some reflection and care, and is
sometimes one of considerable difficulty. But there is no case
where the difficulty is greater, or the result more disputed,
than when we try to define Justice.
Before making the attempt, it may be as well to remind
the reader what it is that we have to do. We have not to
inquire into the derivation of the notion of Justice, as we are
not now studying the history of our ethical thought, but its
actual condition. Nor can we profess to furnish a definition
which will correspond to every part of the common usage of
the term; for many persons are undoubtedly vague and loose
in their application of current moral notions. But it is an
assumption of the Intuitional method[204] that the term ‘justice’
denotes a quality which it is ultimately desirable to realise in
the conduct and social relations of men; and that a definition
may be given of this which will be accepted by all competent
judges as presenting, in a clear and explicit form, what they
have always meant by the term, though perhaps implicitly and
vaguely. In seeking such a definition we may, so to speak,
clip the ragged edge of common usage, but we must not make
excision of any considerable portion.[205]
Perhaps the first point that strikes us when we reflect
upon our notion of Justice is its connexion with Law. There
is no doubt that just conduct is to a great extent determined
by Law, and in certain applications the two terms seem
interchangeable. Thus we speak indifferently of ‘Law Courts’
and ‘Courts of Justice,’ and when a private citizen demands
Justice, or his just rights, he commonly means to demand that
Law should be carried into effect. Still reflection shows that
we do not mean by Justice merely conformity to Law. For,
first, we do not always call the violators of law unjust, but
only of some Laws: not, for example, duellists or gamblers.
And secondly, we often judge that Law as it exists does not
completely realise Justice; our notion of Justice furnishes a
standard with which we compare actual laws, and pronounce
them just or unjust. And, thirdly, there is a part of just
conduct which lies outside the sphere even of Law as it ought
to be; for example, we think that a father may be just or
unjust to his children in matters where the law leaves (and
ought to leave) him free.
We must then distinguish Justice from what has been
called the virtue or duty of Order, or Law-observance: and
perhaps, if we examine the points of divergence just mentioned,
we shall be led to the true definition of Justice.
Let us therefore first ask, Of what kind of laws is the
observance generally thought to be a realisation of Justice?
In most cases they might be described as laws which define
and secure the interests of assignable individuals. But this
description is not complete, as Justice is admittedly concerned
in the apportionment of adequate punishment to each offender;
though we should not say that a man had an interest in the
adequacy of his punishment. Let us say, then, that the laws
in which Justice is or ought to be realised, are laws which
distribute and allot to individuals either objects of desire,
liberties and privileges, or burdens and restraints, or even pains
as such. These latter, however, are only allotted by law to
persons who have broken other laws. And as all law is
enforced by penalties, we see how the administration of law
generally may be viewed as the administration of Justice, in
accordance with this definition: not because all laws are primarily
and in their first intention distributive, but because the
execution of law generally involves the due allotment of pains
and losses and restraints to the persons who violate it. Or,
more precisely, we should say that this legal distribution ought
to realise Justice, for we have seen that it may fail to do so.
We have next to ask, therefore, What conditions must laws fulfil
in order that they may be just in their distributive effects?
Here, however, it may seem that we are transgressing the
limit which divides Ethics from Politics: for Ethics is primarily
concerned with the rules which ought to govern the private
conduct of individuals; and it is commonly thought that
private persons ought to obey even laws that they regard as
unjust, if established by lawful authority. Still, this is doubted
in the case of laws that seem extremely unjust: as (e.g.) the
Fugitive Slave law in the United States before the rebellion.
At any rate it seems desirable that we should here digress
somewhat into political discussion; partly in order to elucidate
the notion of Justice, which seems to be essentially the same
in both regions, and partly because it is of great practical
importance to individuals, in regulating private conduct beyond
the range of Law-observance, to know whether the laws and
established order of the society in which they live are just or
unjust.
Now perhaps the most obvious and commonly recognised
characteristic of just laws is that they are Equal: and in some
departments of legislation, at least, the common notion of
Justice seems to be exhaustively expressed by that of Equality.
It is commonly thought, for example, that a system of taxation
would be perfectly just if it imposed exactly equal burdens
upon all:[206] and though this notion of ‘equal burden’ is itself
somewhat difficult to define with the precision required for
practical application, still we may say that Justice here is
thought to resolve itself into a kind of equality. However,
we cannot affirm generally that all laws ought to affect all
persons equally, for this would leave no place for any laws
allotting special privileges and burdens to special classes of the
community; but we do not think all such laws necessarily
unjust: e.g. we think it not unjust that only persons appointed
in a certain way should share in legislation, and that men
should be forced to fight for their country but not women.
Hence some have said that the only sense in which justice
requires a law to be equal is that its execution must affect
equally all the individuals belonging to any of the classes
specified in the law. And no doubt this rule excludes a very
real kind of injustice: it is of the highest importance that judges
and administrators should never be persuaded by money or
otherwise to show ‘respect of persons.’ So much equality,
however, is involved in the very notion of a law, if it be
couched in general terms: and it is plain that laws may be
equally executed and yet unjust: for example, we should
consider a law unjust which compelled only red-haired men
to serve in the army, even though it were applied with the
strictest impartiality to all red-haired men. We must therefore
conclude, that, in laying down the law no less than in
carrying it out, all inequality[207] affecting the interests of
individuals which appears arbitrary, and for which no sufficient
reason can be given, is held to be unjust. But we have
still to ask, what kind of reasons for inequality Justice admits
and from what general principle (or principles) all such reasons
are to be deduced?
§ 2. Perhaps we shall find it easier to answer this question,
if we examine the notion of Justice as applied to that part of
private conduct which lies beyond the sphere of law. Here,
again, we may observe that the notion of Justice always
involves allotment of something considered as advantageous or
disadvantageous: whether it be money or other material means
of happiness; or praise, or affection, or other immaterial good,
or some merited pain or loss. Hence I should answer the
question raised in the preceding chapter (§ 3), as to the
classification of the duties there discussed under the heads
of Justice and Benevolence respectively, by saying that the
fulfilment of any duty of the affections, considered by itself,
does not exemplify Justice: but that when we come to compare
the obligations arising out of different affectionate relations,
and to consider the right allotment of love and kind
services, the notion of Justice becomes applicable. In order
to arrange this allotment properly we have to inquire what is
Just. What then do we mean by a just man in matters where
law-observance does not enter? It is natural to reply that we
mean an impartial man, one who seeks with equal care to satisfy
all claims which he recognises as valid and does not let himself
be unduly influenced by personal preferences. And this seems
an adequate account of the virtue of justice so far as we consider
it merely subjectively, and independently of the intellectual
insight required for the realisation of objective justice in
action: if we neglect to give due consideration to any claim
which we regard as reasonable, our action cannot be just in
intention. This definition suffices to exclude wilful injustice:
but it is obvious that it does not give us a sufficient criterion
of just acts, any more than the absence of arbitrary inequality
was found to be a sufficient criterion of just laws.[208] We want
to know what are reasonable claims.
Well, of these the most important—apart from the claims
discussed in the preceding chapter—seems to be that resulting
from contract. This is to a certain extent enforced by law: but
it is clear to us that a just man will keep engagements generally,
even when there may be no legal penalty attached to their
violation. The exact definition of this duty, and its commonly
admitted qualifications, will be discussed in the next chapter:
but of its general bindingness Common Sense has no doubt.
Further, we include under the idea of binding engagements
not merely verbal promises, but also what are called ‘implied
contracts’ or ‘tacit understandings.’ But this latter term is
a difficult one to keep precise: and, in fact, is often used to
include not only the case where A has in some way positively
implied a pledge to B, but also the case where B has certain
expectations of which A is aware. Here, however, the obligation
is not so clear: for it would hardly be said that a man is
bound to dispel all erroneous expectations that he may know to
be formed respecting his conduct, at the risk of being required
to fulfil them. Still, if the expectation was such as most
persons would form under the circumstances, there seems to be
some sort of moral obligation to fulfil it, if it does not conflict
with other duties, though the obligation seems less definite and
stringent than that arising out of contract. Indeed I think we
may say that Justice is generally, though somewhat vaguely,
held to prescribe the fulfilment of all such expectations (of
services, etc.) as arise naturally and normally out of the relations,
voluntary or involuntary, in which we stand towards other
human beings. But the discussions in the preceding chapter
have shown the difficulty of defining even those duties of this
kind which, in an indefinite form, seemed certain and indisputable:
while others are only defined by customs which to
reflection appear arbitrary. And though while these customs
persist, the expectations springing from them are in a certain
sense natural, so that a just man seems to be under a kind of
obligation to fulfil them, this obligation cannot be regarded as
clear or complete, for two reasons that were given in the last
chapter; first, because customs are continually varying, and as
long as any one is in a state of variation, growing or decaying,
the validity of the customary claim is obviously doubtful; and
secondly, because it does not seem right that an irrational and
inexpedient custom should last for ever, and yet it can only be
abolished by being “more honoured in the breach than in the
observance.”
This line of reflection therefore has landed us in a real
perplexity respecting the department of duty which we are at
present examining. Justice is something that we conceive to
be intrinsically capable of perfectly definite determination: a
scrupulously just man, we think, must be very exact and precise
in his conduct. But when we consider that part of Justice
which consists in satisfying such natural and customary claims
as arise independently of contract, it seems impossible to
estimate these claims with any exactness. The attempt to map
out the region of Justice reveals to us a sort of margin or dim
borderland, tenanted by expectations which are not quite claims
and with regard to which we do not feel sure whether Justice
does or does not require us to satisfy them. For the ordinary
actions of men proceed on the expectation that the future will
resemble the past: hence it seems natural to expect that any
particular man will do as others do in similar circumstances,
and, still more, that he will continue to do whatever he has
hitherto been in the habit of doing; accordingly his fellow-men
are inclined to think themselves wronged by his suddenly
omitting any customary or habitual act, if the omission causes
them loss or inconvenience.[209] On the other hand, if a man has
given no pledge to maintain a custom or habit, it seems hard
that he should be bound by the unwarranted expectations of
others. In this perplexity, common sense often appears to
decide differently cases similar in all respects, except in the
quantity of disappointment caused by the change. For instance,
if a poor man were to leave one tradesman and deal with
another because the first had turned Quaker, we should hardly
call it an act of injustice, however unreasonable we might think
it: but if a rich country gentleman were to act similarly towards
a poor neighbour, many persons would say that it was unjust
persecution.
The difficulty just pointed out extends equally to the duties
of kindness—even to the specially stringent and sacred duties
of the domestic affections and gratitude—discussed in the
previous chapter. We cannot get any new principle for settling
any conflict that may present itself among such duties, by asking
‘what Justice requires of us’: the application of the notion of
Justice only leads us to view the problem in a new aspect as
a question of the right distribution of kind services—it does
not help us to solve it. Had we clear and precise intuitive
principles for determining the claims (e.g.) of parents on children,
children on parents, benefactors on the recipients of their benefits,
we might say exactly at what point or to what extent the satisfaction
of one of these claims ought in justice to be postponed
to the satisfaction of another, or to any worthy aim of a different
kind: but I know no method of determining a problem of this
kind which is not either implicitly utilitarian, or arbitrarily
dogmatic, and unsupported by Common Sense.
§ 3. If now we turn again to the political question, from
which we diverged, we see that we have obtained from the
preceding discussion one of the criteria of the justice of laws
which we were seeking—viz. that they must avoid running
counter to natural and normal expectations—: but we see at
the same time that the criterion cannot be made definite in its
application to private conduct, and it is easy to show that there
is the same indefiniteness and consequent difficulty in applying
it to legislation. For Law itself is a main source of natural
expectations; and, since in ordinary times the alterations in
law are very small in proportion to the amount unaltered, there
is always a natural expectation that the existing laws will be
maintained: and although this is, of course, an indefinite and
uncertain expectation in a society like ours, where laws are
continually being altered by lawful authority, it is sufficient
for people in general to rely upon in arranging their concerns,
investing their money, choosing their place of abode, their trade
and profession, etc. Hence when such expectations are disappointed
by a change in the law, the disappointed persons
complain of injustice, and it is to some extent admitted that
justice requires that they should be compensated for the loss
thus incurred. But such expectations are of all degrees of
definiteness and importance, and generally extend more widely
as they decrease in value, like the ripples made by throwing
a stone into a pond, so that it is practically impossible to
compensate them all: at the same time, I know no intuitive
principle by which we could separate valid claims from invalid,
and distinguish injustice from simple hardship.[210]
But even if this difficulty were overcome further reflection
must, I think, show that the criterion above given is incomplete
or imperfectly stated: otherwise it would appear that no old
law could be unjust, since laws that have existed for a long time
must create corresponding expectations. But this is contrary to
Common Sense: as we are continually becoming convinced that
old laws are unjust (e.g. laws establishing slavery): indeed, this
continually recurring conviction seems to be one of the great
sources of change in the laws of a progressive society.
Perhaps we may say that there are natural expectations
which grow up from other elements of the social order, independent
of and so possibly conflicting with laws: and that
we call rules unjust which go counter to these. Thus e.g.
primogeniture appears to many unjust, because all the landowner’s
children are brought up in equally luxurious habits,
and share equally the paternal care and expenditure, and so the
inequality of inheritance seems paradoxical and harsh. Still,
we cannot explain every case in this way: for example, the
conviction that slavery is unjust can hardly be traced to anything
in the established order of the slave-holding society, but
seems to arise in a different way.
The truth is, this notion of ‘natural expectations’ is worse
than indefinite: the ambiguity of the term conceals a fundamental
conflict of ideas, which appears more profound and
far-reaching in its consequences the more we examine it. For
the word ‘natural,’ as used in this connexion, covers and
conceals the whole chasm between the actual and the ideal—what
is and what ought to be. As we before noticed,[211] the
term seems, as ordinarily used, to contain the distinct ideas of
(1) the common as opposed to the exceptional, and (2) the
original or primitive as contrasted with the result of later
conventions and institutions. But it is also used to signify,
in more or less indefinite combination with one or other of
these meanings, ‘what would exist in an ideal state of society.’
And it is easy to see how these different meanings have been
blended and confounded. For since by ‘Nature’ men have
really meant God, or God viewed in a particular aspect—God,
we may say, as known to us in experience—when they have
come to conceive a better state of things than that which
actually exists, they have not only regarded this ideal state
as really exhibiting the Divine purposes more than the actual,
and as being so far more ‘natural’: but they have gone
further, and supposed more or less definitely that this ideal
state of things must be what God originally created, and that
the defects recognisable in what now exists must be due to
the deteriorating action of men. But if we dismiss this latter
view, as unsupported by historical evidence, we recognise more
plainly the contrast and conflict between the other two meanings
of ‘natural,’ and the corresponding discrepancy between
the two elements of the common notion of Justice. For, from
one point of view, we are disposed to think that the customary
distribution of rights, goods, and privileges, as well as burdens
and pains, is natural and just, and that this ought to be
maintained by law, as it usually is: while, from another point
of view, we seem to recognise an ideal system of rules of distribution
which ought to exist, but perhaps have never yet existed,
and we consider laws to be just in proportion as they conform
to this ideal. It is the reconciliation between these two views
which is the chief problem of political Justice.[212]
On what principles, then, is the ideal to be determined?
This is, in fact, the question which has been chiefly in view
from the outset of the chapter; but we could not satisfactorily
discuss it until we had distinguished the two elements
of Justice, as commonly conceived—one conservative of law
and custom, and the other tending to reform them. It is on
this latter that we shall now concentrate our attention.
When, however, we examine this ideal, as it seems to show
itself in the minds of different men in different ages and
countries, we observe various forms of it, which it is important
to distinguish.
In the first place, it must be noticed that an ideal constitution
of society may be conceived and sought with many other
ends in view besides the right distribution of good and evil
among the individuals that compose it: as (e.g.) with a
view to conquest and success in war, or to the development of
industry and commerce, or to the highest possible cultivation
of the arts and sciences. But any such political ideal as this
is beyond the range of our present consideration, as it is not
constructed on the basis of our common notion of Justice.
Our present question is, Are there any clear principles from
which we may work out an ideally just distribution of rights
and privileges, burdens and pains, among human beings as such?
There is a wide-spread view, that in order to make society just
certain Natural Rights should be conceded to all members of
the community, and that positive law should at least embody
and protect these, whatever other regulations it may contain:
but it is difficult to find in Common Sense any definite agreement
in the enumeration of these Natural Rights, still less any
clear principles from which they can be systematically deduced.
§ 4. There is, however, one mode of systematising these
Rights and bringing them under one principle, which has been
maintained by influential thinkers; and which, though now
perhaps somewhat antiquated, is still sufficiently current to
deserve careful examination. It has been held that Freedom
from interference is really the whole of what human beings,
originally and apart from contracts, can be strictly said to
owe to each other: at any rate, that the protection of this
Freedom (including the enforcement of Free Contract) is the
sole proper aim of Law, i.e. of those rules of mutual behaviour
which are maintained by penalties inflicted under the authority
of Government. All natural Rights, on this view, may be
summed up in the Right to Freedom; so that the complete
and universal establishment of this Right would be the complete
realisation of Justice,—the Equality at which Justice is
thought to aim being interpreted as Equality of Freedom.
Now when I contemplate this as an abstract formula,
though I cannot say that it is self-evident to me as the true
fundamental principle of Ideal Law, I admit that it commends
itself much to my mind; and I might perhaps persuade myself
that it is owing to the defect of my faculty of moral (or
jural) intuition that I fail to see its self-evidence. But when
I endeavour to bring it into closer relation to the actual circumstances
of human society, it soon comes to wear a different
aspect.
In the first place, it seems obviously needful to limit the
extent of its application. For it involves the negative principle
that no one should be coerced for his own good alone; but no
one would gravely argue that this ought to be applied to the
case of children, or of idiots, or insane persons. But if so, can
we know a priori that it ought to be applied to all sane adults?
since the above-mentioned exceptions are commonly justified
on the ground that children, etc., will manifestly be better off if
they are forced to do and abstain as others think best for them;
and it is, at least, not intuitively certain that the same argument
does not apply to the majority of mankind in the present
state of their intellectual progress. Indeed, it is often conceded
by the advocates of this principle that it does not hold
even in respect of adults in a low state of civilisation. But if
so, what criterion can be given for its application, except that
it must be applied wherever human beings are sufficiently
intelligent to provide for themselves better than others would
provide for them? and thus the principle would present itself
not as absolute, but merely a subordinate application of the
wider principle of aiming at the general happiness or well-being
of mankind.
But, again, the term Freedom is ambiguous. If we
interpret it strictly, as meaning Freedom of Action alone, the
principle seems to allow any amount of mutual annoyance
except constraint. But obviously no one would be satisfied
with such Freedom as this. If, however, we include in the
idea absence of pain and annoyance inflicted by others, it
becomes at once evident that we cannot prohibit all such
annoyances without restraining freedom of action to a degree
that would be intolerable; since there is scarcely any gratification
of a man’s natural impulses which may not cause some
annoyance to others. Hence in distinguishing the mutual
annoyances that ought to be allowed from those that must be
prohibited we seem forced to balance the evils of constraint
against pain and loss of a different kind: while if we admit
the Utilitarian criterion so far, it is difficult to maintain that
annoyance to individuals is never to be permitted in order to
attain any positive good result, but only to prevent more
serious annoyance.
Thirdly, in order to render a social construction possible on
this basis, we must assume that the right to Freedom includes
the right to limit one’s freedom by contract; and that such
contracts, if they are really voluntary and not obtained by
fraud or force, and if they do not violate the freedom of
others, are to be enforced by legal penalties. But I cannot
see that enforcement of Contracts is strictly included in the
notion of realising Freedom; for a man seems to be most
completely free when no one of his volitions is allowed to
have any effect in causing the external coercion of any other.
If, again, this right of limiting Freedom is itself unlimited, a
man might thus freely contract himself out of freedom into
slavery, so that the principle of freedom would turn out
suicidal; and yet to deduce from this principle a limited
right of limiting freedom by contract seems clearly impossible.[213]
But if it be difficult to define freedom as an ideal to be
realised in the merely personal relations of human beings, the
difficulty is increased when we consider the relation of men to
the material means of life and happiness.
For it is commonly thought that the individual’s right to
Freedom includes the right of appropriating material things.
But, if Freedom be understood strictly, I do not see that it
implies more than his right to non-interference while actually
using such things as can only be used by one person at once:
the right to prevent others from using at any future time anything
that an individual has once seized seems an interference
with the free action of others beyond what is needed to secure
the freedom, strictly speaking, of the appropriator. It may
perhaps be said that a man, in appropriating a particular thing,
does not interfere with the freedom of others, because the rest
of the world is still open to them. But others may want just
what he has appropriated: and they may not be able to find
anything so good at all, or at least without much labour and
search; for many of the instruments and materials of comfortable
living are limited in quantity. This argument applies
especially to property in land: and it is to be observed that, in
this case, there is a further difficulty in determining how much
a man is to be allowed to appropriate by ‘first occupation.’ If
it be said that a man is to be understood to occupy what he is
able to use, the answer is obvious that the use of land by any
individual may vary almost indefinitely in extent, while diminishing
proportionally in intensity. For instance, it would surely
be a paradoxical deduction from the principle of Freedom to
maintain that an individual had a right to exclude others from
pasturing sheep on any part of the land over which his hunting
expeditions could extend.[214] But if so can it be clear that a
shepherd has such a right against one who wishes to till the
land, or that one who is using the surface has a right to exclude
a would-be miner? I do not see how the deduction is to be
made out. Again, it may be disputed whether the right of
Property, as thus derived, is to include the right of controlling
the disposal of one’s possessions after death. For this to most
persons seems naturally bound up with ownership: yet it is
paradoxical to say that we interfere with a man’s freedom of
action by anything that we may do after his death to what he
owned during his life: and jurists have often treated this
right as purely conventional and not therefore included in
‘natural law.’
Other difficulties might be raised: but we need not pursue
them, for if Freedom be taken simply to mean that one man’s
actions are to be as little as possible restrained by others, it is
obviously more fully realised without appropriation. And if it
be said that it includes, beside this, facility and security in the
gratification of desires, and that it is Freedom in this sense that
we think should be equally distributed, and that this cannot be
realised without appropriation; then it may be replied, that in
a society where nearly all material things are already appropriated,
this kind of Freedom is not and cannot be equally
distributed. A man born into such a society, without inheritance,
is not only far less free than those who possess property,
but he is less free than if there had been no appropriation. It
may be said[215] that, having freedom of contract, he will give his
services in exchange for the means of satisfying his wants; and
that this exchange must necessarily give him more than he
could have got if he had been placed in the world by himself;
that, in fact, any human society always renders the part of the
earth that it inhabits more capable of affording gratification
of desires to each and all of its later-born members than
it would otherwise be. But however true this may be as a
general rule, it is obviously not so in all cases: as men are sometimes
unable to sell their services at all, and often can only
obtain in exchange for them an insufficient subsistence. And,
even granting it to be true, it does not prove that society, by
appropriation, has not interfered with the natural freedom of
its poorer members: but only that it compensates them for
such interference, and that the compensation is adequate: and
it must be evident that if compensation in the form of material
commodities can be justly given for an encroachment on
Freedom, the realisation of Freedom cannot be the one ultimate
end of distributive Justice.
§ 5. It seems, then, that though Freedom is an object of
keen and general desire, and an important source of happiness,
both in itself and indirectly from the satisfaction of natural
impulses which it allows, the attempt to make it the fundamental
notion of theoretical Jurisprudence is attended with
insuperable difficulties: and that even the Natural Rights
which it claims to cover cannot be brought under it except in
a very forced and arbitrary manner.[216] But further, even if this
were otherwise, an equal distribution of Freedom does not
seem to exhaust our notion of Justice. Ideal Justice, as we
commonly conceive it, seems to demand that not only Freedom
but all other benefits and burdens should be distributed, if not
equally, at any rate justly,—Justice in distribution being
regarded as not identical with Equality, but merely exclusive
of arbitrary inequality.
How, then, shall we find the principle of this highest and
most comprehensive ideal?
We shall be led to it, I think, by referring again to one of
the grounds of obligation to render services, which was noticed
in the last chapter: the claim of Gratitude. It there appeared
that we have not only a natural impulse to requite benefits,
but also a conviction that such requital is a duty, and its
omission blameworthy, to some extent at least; though we find
it difficult to define the extent. Now it seems that when we,
so to say, universalise this impulse and conviction, we get the
element in the common view of Justice, which we are now
trying to define. For if we take the proposition ‘that good
done to any individual ought to be requited by him,’ and leave
out the relation to the individual in either term of the proposition,
we seem to have an equally strong conviction of the truth
of the more general statement ‘that good deeds ought to be
requited.’[217] And if we take into consideration all the different
kinds and degrees of services, upon the mutual exchange of
which society is based, we get the proposition ‘that men ought
to be rewarded in proportion to their deserts.’ And this would
be commonly held to be the true and simple principle of
distribution in any case where there are no claims arising from
Contract or Custom to modify its operation.
For example, it would be admitted that—if there has been
no previous arrangement—the profits of any work or enterprise
should be divided among those who have contributed to its
success in proportion to the worth of their services. And it
may be observed, that some thinkers maintain the proposition
discussed in the previous section—that Law ought to aim at
securing the greatest possible Freedom for each individual—not
as absolute and axiomatic, but as derivative from the
principle that Desert ought to be requited; on the ground that
the best way of providing for the requital of Desert is to leave
men as free as possible to exert themselves for the satisfaction
of their own desires, and so to win each his own requital. And
this seems to be really the principle upon which the Right of
Property is rested, when it is justified by the proposition that
‘every one has an exclusive right to the produce of his labour.’
For on reflection it is seen that no labour really ‘produces’ any
material thing, but only adds to its value: and we do not think
that a man can acquire a right to a material thing belonging to
another, by spending his labour on it—even if he does so in the
bona fide belief that it is his own property—but only to
adequate compensation for his labour; this, therefore, is what
the proposition just quoted must mean. The principle is,
indeed, sometimes stretched to explain the original right of
property in materials, as being in a sense ‘produced’ (i.e. found)
by their first discoverer;[218] but here again, reflection shows that
Common Sense does not grant this (as a moral right) absolutely,
but only in so far as it appears to be not more than adequate
compensation for the discoverer’s trouble. For example, we
should not consider that the first finder of a large uninhabited
region had a moral right to appropriate the whole of it. Hence
this justification of the right of property refers us ultimately
to the principle ‘that every man ought to receive adequate requital
for his labour.’ So, again, when we speak of the world
as justly governed by God, we seem to mean that, if we could
know the whole of human existence, we should find that
happiness is distributed among men according to their deserts.
And Divine Justice is thought to be a pattern which Human
Justice is to imitate as far as the conditions of human society
allow.
This kind of Justice, as has been said, seems like Gratitude
universalised: and the same principle applied to punishment
may similarly be regarded as Resentment universalised; though
the parallel is incomplete, if we are considering the present state
of our moral conceptions. History shows us a time in which
it was thought not only as natural, but as clearly right and
incumbent on a man, to requite injuries as to repay benefits:
but as moral reflection developed in Europe this notion was
repudiated, so that Plato taught that it could never be right
really to harm any one, however he may have harmed us.
And this is the accepted doctrine in Christian societies, as
regards requital by individuals of personal wrongs. But in
its universalised form the old conviction still lingers in the
popular view of Criminal Justice: it seems still to be widely
held that Justice requires pain to be inflicted on a man who
has done wrong, even if no benefit result either to him or to
others from the pain. Personally, I am so far from holding
this view that I have an instinctive and strong moral aversion
to it: and I hesitate to attribute it to Common Sense, since
I think that it is gradually passing away from the moral
consciousness of educated persons in the most advanced communities:
but I think it is still perhaps the more ordinary
view.
This, then, is one element of what Aristotle calls Corrective
Justice, which is embodied in criminal law. It must
not be confounded with the principle of Reparation, on which
legal awards of damages are based. We have already noticed
this as a simple deduction from the maxim of general Benevolence,
which forbids us to do harm to our fellow-creatures:
for if we have harmed them, we can yet approximately obey
the maxim by giving compensation for the harm. Though
here the question arises whether we are bound to make
reparation for harm that has been quite blamelessly caused:
and it is not easy to answer it decisively.[219] On the whole, I
think we should condemn a man who did not offer some
reparation for any serious injury caused by him to another—even
if quite involuntarily caused, and without negligence:
but perhaps we regard this rather as a duty of Benevolence—arising
out of the general sympathy that each ought to have
for others, intensified by this special occasion—than as a duty
of strict Justice. If, however, we limit the requirement of
Reparation, under the head of strict Justice, to cases in which
the mischief repaired is due to acts or omissions in some degree
culpable, a difficulty arises from the divergence between the
moral view of culpability, and that which social security
requires. Of this I will speak presently.[220] In any case there
is now[221] no danger of confusion or collision between the
principle of Reparative and that of Retributive Justice, as the
one is manifestly concerned with the claims of the injured
party, and the other with the deserts of the wrongdoer:
though in the actual administration of Law the obligation
of paying compensation for wrong may sometimes be treated
as a sufficient punishment for the wrongdoer.
When, however, we turn again to the other branch of
Retributive Justice, which is concerned with the reward of
services, we find another notion, which I will call Fitness,
often blended indistinguishably[222] with the notion of Desert,
and so needing to be carefully separated from it; and when
the distinction has been made, we see that the two are liable
to come into collision. I do not feel sure that the principle
of ‘distribution according to Fitness’ is found, strictly speaking,
in the analysis of the ordinary notion of Justice: but it
certainly enters into our common conception of the ideal or
perfectly rational order of society, as regards the distribution
both of instruments and functions, and (to some extent at least)
of other sources of happiness. We certainly think it reasonable
that instruments should be given to those who can use
them best, and functions allotted to those who are most
competent to perform them: but these may not be those who
have rendered most services in the past. And again, we think
it reasonable that particular material means of enjoyment
should fall to the lot of those who are susceptible of the
respective kinds of pleasure; as no one would think of
allotting pictures to a blind man, or rare wines to one who
had no taste: hence we should probably think it fitting that
artists should have larger shares than mechanics in the social
distribution of wealth, though they may be by no means more
deserving. Thus the notions of Desert and Fitness appear
at least occasionally conflicting; but perhaps, as I have
suggested, Fitness should rather be regarded as a utilitarian
principle of distribution, inevitably limiting the realisation of
what is abstractly just, than as a part of the interpretation of
Justice proper: and it is with the latter that we are at
present concerned. At any rate it is the Requital of Desert
that constitutes the chief element of Ideal Justice, in so far
as this imports something more than mere Equality and
Impartiality. Let us then examine more closely wherein
Desert consists; and we will begin with Good Desert or
Merit, as being of the most fundamental and permanent
importance; for we may hope that crime and its punishment
will decrease and gradually disappear as the world improves,
but the right or best distribution of the means of wellbeing is
an object that we must always be striving to realise.
§ 6. And first, the question which we had to consider in
defining Gratitude again recurs: whether, namely, we are to
apportion the reward to the effort made, or to the results
attained. For it may be said that the actual utility of any
service must depend much upon favourable circumstances and
fortunate accidents, not due to any desert of the agent: or
again, may be due to powers and skills which were connate,
or have been developed by favourable conditions of life, or by
good education, and why should we reward him for these? (for
the last-mentioned we ought rather to reward those who have
educated him). And certainly it is only in so far as moral
excellences are exhibited in human achievements that they are
commonly thought to be such as God will reward. But by
drawing this line we do not yet get rid of the difficulty. For
it may still be said that good actions are due entirely, or to
a great extent, to good dispositions and habits, and that these
are partly inherited and partly due to the care of parents and
teachers; so that in rewarding these we are rewarding the
results of natural and accidental advantages, and it is unreasonable
to distinguish these from others, such as skill and knowledge,
and to say that it is even ideally just to reward the
one and not the other. Shall we say, then, that the reward
should be proportionate to the amount of voluntary effort for
a good end? But Determinists will say that even this is
ultimately the effect of causes extraneous to the man’s self.
On the Determinist view, then, it would seem to be ideally
just (if anything is so) that all men should enjoy equal
amounts of happiness: for there seems to be no justice in
making A happier than B, merely because circumstances
beyond his own control have first made him better. But why
should we not, instead of ‘all men,’ say ‘all sentient beings’? for
why should men have more happiness than any other animal?
But thus the pursuit of ideal justice seems to conduct us to
such a precipice of paradox that Common Sense is likely to
abandon it. At any rate the ordinary idea of Desert has thus
altogether vanished.[223] And thus we seem to be led to the
conclusion which I anticipated in Book i. chap. v.: that in this
one department of our moral consciousness the idea of Free
Will seems involved in a peculiar way in the moral ideas of
Common Sense, since if it is eliminated the important notions
of Desert or Merit and Justice require material modification.[224]
At the same time, the difference between Determinist and
Libertarian Justice can hardly have any practical effect. For
in any case it does not seem possible to separate in practice
that part of a man’s achievement which is due strictly to his
free choice from that part which is due to the original gift
of nature and to favouring circumstances:[225] so that we must
necessarily leave to providence the realisation of what we
conceive as the theoretical ideal of Justice, and content ourselves
with trying to reward voluntary actions in proportion
to the worth of the services intentionally rendered by them.
If, then, we take as the principle of ideal justice, so far as
this can be practically aimed at in human society, the requital
of voluntary services in proportion to their worth, it remains to
consider on what principle or principles the comparative worth
of different services is to be rationally estimated. There is no
doubt that we commonly assume such an estimate to be
possible; for we continually speak of the ‘fair’ or ‘proper’
price of any kind of services as something generally known, and
condemn the demand for more than this as extortionate. It
may be said that the notion of Fairness or Equity which we
ordinarily apply in such judgments is to be distinguished from
that of Justice; Equity being in fact often contrasted with
strict Justice, and conceived as capable of coming into collision
with it. And this is partly true: but I think the wider and
no less usual sense of the term Justice, in which it includes
Equity or Fairness, is the only one that can be conveniently
adopted in an ethical treatise: for in any case where Equity
comes into conflict with strict justice, its dictates are held to
be in a higher sense just, and what ought to be ultimately
carried into effect in the case considered—though not, perhaps,
by the administrators of law. I treat Equity, therefore, as a
species of Justice; though noting that the former term is more
ordinarily used in cases where the definiteness attainable is
recognised as somewhat less than in ordinary cases of rightful
claims arising out of law or contract. On what principle, then,
can we determine the “fair” or “equitable” price of services?
When we examine the common judgments of practical persons
in which this judgment occurs, we find, I think, that the ‘fair’
in such cases is ascertained by a reference to analogy and
custom, and that any service is considered to be ‘fairly worth’
what is usually given for services of the kind. Hence this
element of the notion of Justice may seem, after all, to resolve
itself into that discussed in § 2: and in some states of society
it certainly appears that the payment to be given for services is
as completely fixed by usage as any other customary duty, so
that it would be a clear disappointment of normal expectation
to deviate from this usage. But probably no one in a modern
civilised community would maintain in its full breadth this
identification of the Just with the Usual price of services: and
so far as the judgments of practical persons may seem to imply
this, I think it must be admitted that they are superficial
or merely inadvertent, and ignore the established mode of
determining the market prices of commodities by free competition
of producers and traders. For where such competition
operates the market value rises and falls, and is different at
different places and times; so that no properly instructed
person can expect any fixity in it, or complain of injustice
merely on account of the variations in it.
Can we then say that ‘market value’ (as determined by
free competition) corresponds to our notion of what is ideally
just?
This is a question of much interest, because this is obviously
the mode of determining the remuneration of services that
would be universal in a society constructed on the principle
previously discussed, of securing the greatest possible Freedom
to all members of the community. It should be observed that
this, which we may call the Individualistic Ideal, is the type to
which modern civilised communities have, until lately, been
tending to approximate: and it is therefore very important to
know whether it is one which completely satisfies the demands
of morality; and whether Freedom, if not an absolute end or
First Principle of abstract Justice, is still to be sought as the
best means to the realisation of a just social order by the
general requital of Desert.
At first sight it seems plausible to urge that the ‘market
value’ represents the estimate set upon anything by mankind
generally, and therefore gives us exactly that ‘common sense’
judgment respecting value which we are now trying to find.
But on examination it seems likely that the majority of men are
not properly qualified to decide on the value of many important
kinds of services, from imperfect knowledge of their nature
and effects; so that, as far as these are concerned, the true
judgment will not be represented in the market-place. Even
in the case of things which a man is generally able to estimate,
it may be manifest in a particular case that he is ignorant
of the real utility of what he exchanges; and in this case
the ‘free’ contract hardly seems to be fair: though if the
ignorance was not caused by the other party to the exchange,
Common Sense is hardly prepared to condemn the latter as
unjust for taking advantage of it. For instance, if a man has
discovered by a legitimate use of geological knowledge and
skill that there is probably a valuable mine on land owned by
a stranger, reasonable persons would not blame him for concealing
his discovery until he had bought the mine at its market
value: yet it could not be said that the seller got what it was
really worth. In fact Common Sense is rather perplexed on
this point: and the rationale of the conclusion at which it
arrives, must, I conceive, be sought in economic considerations,
which take us quite beyond the analysis of the common notion
of Justice.[226]
Again, there are social services recognised as highly important
which generally speaking have no price in any market,
on account of the indirectness and uncertainty of their practical
utility: as, for instance, scientific discoveries. The extent to
which any given discovery will aid industrial invention is so
uncertain, that even if the secret of it could be conveniently
kept, it would not usually be profitable to buy it.
But even if we confine our attention to products and
services generally marketable, and to bargains thoroughly understood
on both sides, there are still serious difficulties in the
way of identifying the notions of ‘free’ and ‘fair’ exchange.
Thus, where an individual, or combination of individuals, has
the monopoly of a certain kind of services, the market-price of
the aggregate of such services can under certain conditions be
increased by diminishing their total amount; but it would seem
absurd to say that the social Desert of those rendering the
services is thereby increased, and a plain man has grave doubts
whether the price thus attained is fair. Still less is it thought
fair to take advantage of the transient monopoly produced by
emergency: thus, if I saw Crœsus drowning and no one near, it
would not be held fair in me to refuse to save him except at
the price of half his wealth. But if so, can it be fair for any
class of persons to gain competitively by the unfavourable
economic situation of another class with which they deal?
And if we admit that it would be unfair, where are we to
draw the line? For any increase of the numbers of a class
renders its situation for bargaining less favourable: since the
market price of different services depends partly upon the
ease or difficulty of procuring them—as Political Economists
say, ‘on the relation between the supply of services and the
demand for them’—and it does not seem that any individual’s
social Desert can properly be lessened merely by the increased
number or willingness of others rendering the same services.
Nor, indeed, does it seem that it can be decreased by his own
willingness, for it is strange to reward a man less because
he is zealous and eager in the performance of his function;
yet in bargaining the less willing always has the advantage.
And, finally, it hardly appears that the social worth of a
man’s service is necessarily increased by the fact that his
service is rendered to those who can pay lavishly; but his
reward is certainly likely to be greater from this cause.
Such considerations as these have led some political
thinkers to hold that Justice requires a mode of distributing
payment for services, entirely different from that at present
effected by free competition: and that all labourers ought to
be paid according to the intrinsic value of their labour as
estimated by enlightened and competent judges. If the
Socialistic Ideal—as we may perhaps call it—could be
realised without counter-balancing evils, it would certainly
seem to give a nearer approximation to what we conceive as
Divine Justice than the present state of society affords. But
this supposes that we have found the rational method of
determining value: which, however, is still to seek. Shall
we say that these judges are to take the value of a service as
proportionate to the amount of happiness produced by it?
If so, the calculation is, of course, exposed to all the difficulties
of the hedonistic method discussed in Book ii.: but supposing
these can be overcome, it is still hard to say how we are to
compare the value of different services that must necessarily
be combined to produce happy life. For example, how shall
we compare the respective values of necessaries and luxuries?
for we may be more sensible of the enjoyment derived from
the latter, but we could not have this at all without the
former. And, again, when different kinds of labour co-operate
in the same production, how are we to estimate their relative
values? for even if all mere unskilled labour may be brought
to a common standard, this seems almost impossible in the
case of different kinds of skill. For how shall we compare
the labour of design with that of achievement? or the supervision
of the whole with the execution of details? or the
labour of actually producing with that of educating producers?
or the service of the savant who discovers a new principle,
with that of the inventor who applies it?
I do not see how these questions, or the difficulties noticed
in the preceding paragraph, can be met by any analysis of
our common notion of Justice. To deal with such points at
all satisfactorily we have, I conceive, to adopt quite a different
line of reasoning: we have to ask, not what services of a
certain kind are intrinsically worth, but what reward can
procure them and whether the rest of society gain by the
services more than the equivalent reward. We have, in short,
to give up as impracticable the construction of an ideally just
social order,[227] in which all services are rewarded in exact proportion
to their intrinsic value. And, for similar reasons, we
seem forced to conclude, more generally, that it is impossible
to obtain clear premises for a reasoned method of determining
exactly different amounts of Good Desert. Indeed, perhaps,
Common Sense scarcely holds such a method to be possible:
for though it considers Ideal Justice to consist in rewarding
Desert, it regards as Utopian any general attempt to realise
this ideal in the social distribution of the means of happiness.
In the actual state of society it is only within a very limited
range that any endeavour is made to reward Good Desert.
Parents attempt this to some extent in dealing with their
children, and the State in rewarding remarkable public services
rendered by statesmen, soldiers, etc.: but reflection on these
cases will show how very rough and imperfect are the
standards used in deciding the amount due. And ordinarily
the only kind of Justice which we try to realise is that
which consists in the fulfilment of contracts and definite
expectations; leaving the general fairness of Distribution by
Bargaining to take care of itself.
§ 7. When we pass to consider the case of Criminal
Justice, we find, in the first place, difficulties corresponding
to those which we have already noticed. We find, to begin,
a similar implication and partial confusion of the ideas of
Law and Justice. For, as was said, by ‘bringing a man to
Justice’ we commonly mean ‘inflicting legal punishment’ on
him: and we think it right that neither more nor less than
the penalty prescribed by law should be executed, even though
we may regard the legal scale of punishment as unjust. At
the same time, we have no such perplexity in respect of
changes in the law as occurs in the case of Civil Justice; for
we do not think that a man can acquire, by custom, prescriptive
rights to over-lenient punishment, as he is thought
to do to an unequal distribution of liberties and privileges.
If now we investigate the ideal of Criminal Justice, as
intuitively determined, we certainly find that in so far as
punishment is not regarded as merely preventive,[228] it is
commonly thought that it ought to be proportioned to the
gravity of crime.[229] Still, when we endeavour to make the
method of apportionment perfectly rational and precise, the
difficulties seem at least as great as in the case of Good
Desert. For, first, the assumption of Free Will seems
necessarily to come in here also; since if a man’s bad deeds
are entirely caused by nature and circumstances, it certainly
appears, as Robert Owen urged, that he does not properly
deserve to be punished for them; Justice would rather seem
to require us to try to alter the conditions under which he
acts. And we actually do punish deliberate offences more
than impulsive, perhaps as implying a more free choice of
evil. Again, we think that offences committed by persons
who have had no moral training, or a perverted training, are
really less criminal; at the same time it is commonly agreed
that men can hardly remit punishment on this account.
Again the gravity—from a moral point of view—of a crime
seems to be at least much reduced, if the motive be laudable,
as when a man kills a villain whose crimes elude legal punishment,
or heads a hopeless rebellion for the good of his
country: still it would be paradoxical to affirm that we
ought to reduce punishment proportionally: Common Sense
would hold that—whatever God may do—men must, generally
speaking, inflict severe punishment for any gravely
mischievous act forbidden by law which has been intentionally
done, even though it may have been prompted by a good
motive.
But even if we neglect the motive, and take the intention
only into account, it is not easy to state clear principles for
determining the gravity of crimes. For sometimes, as in the
case of the patriotic rebel, the intention of the criminal is to
do what is right and good: and in many cases, though he
knows that he is doing wrong, he does not intend to cause
any actual harm to any sentient being; as when a thief
takes what he thinks will not be missed. Again, we do not
commonly think that a crime is rendered less grave by being
kept perfectly secret; and yet a great part of the harm done
by a crime is the ‘secondary evil’ (as Bentham calls it) of
the alarm and insecurity which it causes; and this part is
cut off by complete secrecy. It may be replied that this
latter difficulty is not a practical one; because we are not
called upon to punish a crime until it has been discovered,
and then the secondary evil has been caused, and is all the
greater because of the previous secrecy. But it remains true
that it was not designed for discovery; and therefore that
this part of the evil caused by the crime was not intended by
the criminal. And if we say that the heinousness of the
crime depends on the loss of happiness that would generally
be caused by such acts if they were allowed to go unpunished,
and that we must suppose the criminal to be
aware of this; we seem to be endeavouring to force a utilitarian
theory into an intuitional form by means of a legal
fiction.
We have hitherto spoken of intentional wrong-doing: but
positive law awards punishment also for harm that is due to
rashness or negligence; and the justification of this involves
us in further difficulties. Some jurists seem to regard rashness
and negligence as positive states of mind, in which the
agent consciously refuses the attention or reflection which he
knows he ought to give; and no doubt this sort of wilful
recklessness does sometimes occur, and seems as properly
punishable as if the resulting harm had been positively
intended. But the law as actually administered does not
require evidence that this was the agent’s state of mind
(which indeed in most cases it would be impossible to give):
but is content with proof that the harm might have been
prevented by such care as an average man would have shown
under the circumstances. And most commonly by ‘carelessness’
we simply mean a purely negative psychological fact, i.e.
that the agent did not perform certain processes of observation
or reflection; it is therefore at the time strictly involuntary,
and so scarcely seems to involve ill-desert. It may be said
perhaps that though the present carelessness is not blameworthy,
the past neglect to cultivate habits of care is so. But
in many individual instances we cannot reasonably infer even
this past neglect; and in such cases the utilitarian theory of
punishment, which regards it as a means of preventing similar
harmful acts in the future, seems alone applicable. Similar
difficulties arise, as was before hinted (p. 282), in determining
the limits within which Reparation is due; that is, on the
view that it is not incumbent on us to make compensation for
all harm caused by our muscular actions, but only for harm
which—if not intentional—was due to our rashness or
negligence.
The results of this examination of Justice may be summed
up as follows. The prominent element in Justice as ordinarily
conceived is a kind of Equality: that is, Impartiality in the
observance or enforcement of certain general rules allotting
good or evil to individuals. But when we have clearly distinguished
this element, we see that the definition of the virtue
required for practical guidance is left obviously incomplete.
Inquiring further for the right general principles of distribution,
we find that our common notion of Justice includes—besides
the principle of Reparation for injury—two quite distinct and
divergent elements. The one, which we may call Conservative
Justice, is realised (1) in the observance of Law and Contracts
and definite understandings, and in the enforcement of such
penalties for the violation of these as have been legally
determined and announced; and (2) in the fulfilment of
natural and normal expectations. This latter obligation,
however, is of a somewhat indefinite kind. But the other
element, which we have called Ideal Justice, is still more
difficult to define; for there seem to be two quite distinct
conceptions of it, embodied respectively in what we have
called the Individualistic and the Socialistic Ideals of a
political community. The first of these takes the realisation
of Freedom as the ultimate end and standard of right social
relations: but on examining it closer we find that the notion
of Freedom will not give a practicable basis for social construction
without certain arbitrary[230] definitions and limitations:
and even if we admit these, still a society in which
Freedom is realised as far as is feasible does not completely
suit our sense of Justice. Prima facie, this is more satisfied
by the Socialistic Ideal of Distribution, founded on the
principle of requiting Desert: but when we try to make this
principle precise, we find ourselves again involved in grave
difficulties; and similar perplexities beset the working out
of rules of Criminal Justice on the same principle.
§ 1. In the discussion of Justice the moral obligations
of obedience to Law and observance of Contract have been
included, and have, indeed, appeared to be the most definite
part of the complex system of private duties commonly
included under that term. At the same time, as we have
seen, there are some laws, the violation of which does not
interfere with the rights of others, and therefore has not
the characteristics of an act of Injustice. While again, the
duty of Fidelity to promises is also commonly conceived as
independent of any injury that might be done to the promisee
by breaking it: for (e.g.) men ordinarily judge that promises
to the dead, though they are beyond the reach of injury,
ought to be kept: indeed, some would regard them as even
more sacred than promises made to the living. It seems
therefore desirable to examine the propositions ‘that Law
ought to be obeyed’ and ‘that promises ought to be kept,’
considered as independent principles.
To begin with the former: how are we to ascertain
what the Law is which, as is commonly thought, we are
morally bound to obey, as such? It is plain that we cannot
here distinguish Legal from other rules by considering the
sanctions actually attached to them, as we had occasion to
do in a previous chapter.[231] For commands issued by rebels
and usurpers are held to have as such no general bindingness,
though they may be enforced by judicial penalties; it
would be generally agreed that so far as it is our duty to
obey such commands this is solely in order to avoid the
greater evils which might result to ourselves and others
from our disobedience; and that the extent of such a duty
must be determined by considerations of expediency. Nor,
again, can we say that all commands even of a legitimate
sovereign are to be regarded as Laws in the sense in which
the term must be taken in the proposition that ‘laws ought
to be obeyed’: since we all recognise that a rightful sovereign
may command his subjects to do what is wrong, and that it
is then their duty to disobey him. It seems therefore that
for our present purpose we must define Laws to be Rules
of Conduct laid down by a Rightful Authority, commanding
within the limits of its authority.
There are therefore two questions to be settled, if the proposition
that laws ought to be obeyed is to furnish practical
guidance: (1) how we are to distinguish the Rightful Lawmaker—whether
individual or body, and (2) how we are to
ascertain the limits of this lawmaker’s authority. The
questions should be distinguished; but, as we shall see, they
can only be partially separated. Beginning with the first
question, we may assume that the authority to make laws
resides in some living man or men. No doubt in some
societies, at some stages of their development, the whole or
a part of the code of laws habitually observed, or at least
recognised as binding, has been believed to be of divine or
semi-divine institution; or perhaps from mere antiquity to
possess a sanctity superior to that of any living authority,
so as to be not legitimately alterable. But we hardly find
this view in the Common Sense of civilised Europe, upon
which we are now reflecting: at any rate in our societies
there is not thought to be any portion of the definite prescriptions
of positive law which, in virtue of its origin, is
beyond the reach of alteration by any living authority.
Where then is this authority to be found?
In the answers commonly given to this question, the
conflict between the Ideal and the Traditional or Customary,
which has perplexed us in seeking the definition of Justice,
meets us again in an even more complicated form. For not
only do some say that obedience is always due to the traditionally
legitimate authority in any country, while others
maintain that an authority constituted in accordance with
certain abstract principles is essentially legitimate, and that
a nation has a right to claim that such an authority shall
be established, even at the risk of civil strife and bloodshed:
but often, too, the authority actually established is not even
traditionally legitimate. So that we have to distinguish
three claims to authority, each of which may come into
conflict with either of the other two: (1) that of the
Government held to be ideally or abstractly right, and such
as ought to be established: (2) that of the Government de
jure, according to the constitutional traditions in any given
country: and (3) that of the de facto Government.
§ 2. Let us begin by considering the Ideal. Here I do not
propose to consider all views as to the right constitution of
supreme authority which speculative thinkers have put forward;
but only such as have a prima facie claim to express the
Common Sense of mankind on the subject. Of these the most
important, and the most widely urged and admitted, is the
principle that the Sovereign in any community can only be
rightly constituted by the Consent of the Subjects. This, as
was noticed in the preceding chapter, is involved in the
adoption of Freedom as the ultimate end of political order:
if no one originally owes anything to another except non-interference,
he clearly ought only to be placed in the relation
of Subject to Sovereign by his own consent. And thus, in
order to reconcile the original right of Freedom with the
actual duty of Law-observance, some supposition of a social
compact appears necessary; by means of which Obedience to
Law becomes merely a special application of the duty of
keeping compacts.
In what way, then, are the terms of this fundamental
compact to be known? No one now maintains the old view
that the transition from the ‘natural’ to the ‘political’ state
actually took place by means of an “original contract,” which
conferred indelible legitimacy on some particular form of social
organisation. Shall we say, then, that a man by remaining
a member of a community enters into a ‘tacit undertaking’
to obey the laws and other commands imposed by the authority
generally recognised as lawful in that community? In this
way however the Ideal lapses into the Customary: and the
most unlimited despotism, if established and traditional, might
claim to rest on free consent as well as any other form of
government: so that the principle of abstract Freedom would
lead to the justification of the most unqualified concrete tyranny
and servitude; and thus our theory would end by riveting
men’s chains under pretence of exalting their freedom. If to
avoid this result, we suppose that certain ‘Natural Rights’
are inalienable—or tacitly reserved in the tacit compact—and
that laws are not strictly legitimate which deprive a man
of these, we are again met by the difficulty of deducing these
inalienable rights from any clear and generally accepted
principles. For instance, as we have seen, a widely accepted
opinion is that all such rights may be summed up in the notion
of Freedom; but we have also seen that this principle is
ambiguous, and especially that the right of private property
as commonly recognised cannot be clearly deduced from it;
and if so it would certainly be most paradoxical to maintain
that no government can legitimately claim obedience for any
commands except such as carry out the principle of protecting
from interference the Freedom of the individuals governed. It
has been thought that we can avoid this difficulty by constituting
the supreme organ of government so that any law
laid down by it will always be a law to which every person
called on to obey it will have consented personally or by his
representatives: and that a government so constituted, in
which—to adopt Rousseau’s phrase—every one “obeys himself
alone,” will completely reconcile freedom and order. But how
is this result to be attained? Rousseau held that it could be
attained by pure direct democracy, each individual subordinating
his private will to the “general will” of the sovereign people
of which all are equally members. But this “general will”
must be practically the will of the majority: and it is paradoxical
to affirm that the freedom and natural rights of a
dissentient minority are effectively protected by establishing
the condition that the oppressors must exceed the oppressed
in number. Again, if the principle be absolute it ought to
apply to all human beings alike: and if to avoid this absurdity
we exclude children, an arbitrary line has to be drawn: and
the exclusion of women, which even those who regard the
suffrage as a natural right are often disposed to maintain,
seems altogether indefensible. And to suppose—as some have
done—that the ideal of “obeying oneself alone” can be even
approximately realised by Representative Democracy, is even
more patently absurd. For a Representative assembly is
normally chosen only by a part of the nation, and each law
is approved only by a part of the assembly: and it would be
ridiculous to say that a man has assented to a law passed by
a mere majority of an assembly against one member of which
he has voted.
But, again, to lay down absolutely that the laws of any
community ought to express the will of the majority of its
members seems incompatible with the view so vigorously maintained
by Socrates and his most famous disciples, that laws
ought to be made by people who understand law-making. For
though the majority of a representative assembly in a particular
country at a particular time may be more fit to make laws for
their country than any set of experts otherwise selected, it is
certainly not self-evident that this will be universally the case.
Yet surely the Socratic proposition (which is merely a special
application of the principle noticed in the latter part of the
preceding chapter, ‘that function should be allotted to the
fittest’) has as much claim to be considered a primary intuition
as the one that we have been discussing. Indeed, the secular
controversy between Aristocracy and Democracy seems ultimately
reducible to a conflict between those two principles: a
conflict of which it is impossible to find a solution, so long as
the argument remains in the a priori region.
§ 3. However, to discuss this exhaustively would carry us
too far beyond the range of Ethics proper: but we may perhaps
conclude that it is impossible to elicit from Common Sense any
clear and certain intuitions as to the principles on which an
ideal constitution should be constructed. And there is an
equal want of agreement as to the intrinsic lawfulness of introducing
such a constitution in violation of the traditional and
established order in any community. For some think that
a nation has a natural right to a government approximately
conformed to the ideal, and that this right may be maintained
by force in the last resort. Others, however, hold that, though
the ideal polity may rightly be put forward and commended,
and every means used to promote its realisation which the
established government in any country permits,—still, rebellion
can never be justifiable for this purpose alone. While others,—perhaps
the majority,—would decide the question on
grounds of expediency, balancing the advantages of improvement
against the evils of disorder.
But further, as we saw, it is not so easy to say what
the established government is. For sometimes an authority
declared by law to be illegitimate issues ordinances and controls
the administration of justice. The question then arises, how
far obedience is due to such an authority. All are agreed
that usurpation ought to be resisted; but as to the right
behaviour towards an established government which has sprung
from a successful usurpation, there is a great difference of
opinion. Some think that it should be regarded as legitimate,
as soon as it is firmly established: others that it ought to be
obeyed at once, but under protest, with the purpose of renewing
the conflict on a favourable opportunity: others think that
this latter is the right attitude at first, but that a usurping
government, when firmly established, loses its illegitimacy
gradually, and that it becomes, after a while, as criminal to
rebel against it as it was originally to establish it. And this
last seems, on the whole, the view of Common Sense; but
the point at which the metamorphosis is thought to take
place can hardly be determined otherwise than by considerations
of expediency.
But again, it is only in the case of an absolute government,
where customary obedience is unconditionally due to
one or more persons, that the fundamental difficulties of ascertaining
the legitimacy of authority are of the simple kind
just discussed. In a constitutionally governed state numerous
other moral disagreements arise. For, in such a state, while
it is of course held that the sovereign is morally bound to
conform to the constitution,[232] it is still disputed whether the
subjects’ obligation to obedience is properly conceived as conditional
upon this conformity: and whether they have the
moral right (1) to refuse obedience to an unconstitutional
command; and (2) even to inflict on the sovereign the penalty
of rebellion for violating the constitution. Again, in determining
what the constitutional obligations really are we find much
perplexity and disagreement, not merely as to the exact
ascertainment of the relevant historical facts but as to the
principles on which these facts ought to be treated. For
the various limitations of sovereign authority comprised in
the constitution have often been originally concessions extorted
by fear from a sovereign previously absolute; and it is doubted
how far such concessions are morally binding on the sovereign
from whom they were wrested, and still more how far they
are binding on succeeding sovereigns. Or, vice versâ, a people
may have allowed liberties once exercised to fall into disuse;
and it is doubted whether it retains the right of reclaiming
them. And, generally, when a constitutional rule has to be
elicited from a comparison of precedents, it is open to dispute
whether a particular act of either party should be regarded
as a constitutive precedent or as an illegitimate encroachment.
And hence we find that, in constitutional countries, men’s
view of what their constitution traditionally is has often been
greatly influenced by their view of what it ideally ought to be:
in fact, the two questions have rarely been kept quite distinct.
§ 4. But even in cases where we can ascertain clearly to
what authority obedience is properly due, further difficulties
are liable to arise when we attempt to define the limits of such
obedience. For in modern society, as we have seen, all admit
that any authority ought to be disobeyed which commands
immoral acts; but this is one of those tautological propositions,
so common in popular morality, which convey no real information;
the question is, what acts there are which do not cease to
be immoral when they have been commanded by a rightful
authority. There seems to be no clear principle upon which
these can be determined. It has sometimes been said that the
Law cannot override definite duties; but the obligation of
fidelity to contract is peculiarly definite, and yet we do not
consider it right to fulfil a contract of which a law, passed
subsequently to the making of the contract, has forbidden the
execution. And, in fact, we do not find any practical agreement
on this question, among persons who would not consciously
accept the utilitarian method of deciding it by a
balance of conflicting expediences. For some would say that
the duties of the domestic relations must yield to the duty
of law-observance, and that (e.g.) a son ought not to aid a
parent actively or passively in escaping the punishment of
crime: while others would consider this rule too inhuman to be
laid down, and others would draw the line between assistance
and connivance. And similarly, when a rightly constituted
government commands acts unjust and oppressive to others;
Common Sense recoils from saying either that all such commands
ought to be obeyed or that all ought to be disobeyed;
but—apart from utilitarian considerations—I can find no clear
accepted principle for distinguishing those unjust commands of
a legitimate government which ought to be obeyed from those
which ought not to be obeyed. Again, some jurists hold that we
are not strictly bound to obey laws, when they command what
is not otherwise a duty, or forbid what is not otherwise a sin;
on the ground that in the case of duties prescribed only by
positive laws, the alternatives of obeying or submitting to the
penalty are morally open to us.[233] Others, however, think this
principle too lax; and certainly if a widespread preference of
penalty to obedience were shown in the case of any particular
law, the legislation in question would be thought to have failed.
Nor, on the other hand, does there seem to be any agreement
as to whether one is bound to submit to unjust penalties.
Since, then, on all these points there is found to be so much
difference of opinion, it seems idle to maintain that there is
any clear and precise axiom or first principle of Order, intuitively
seen to be true by the common reason and conscience
of mankind. There is, no doubt, a vague general habit of
obedience to laws as such (even if bad laws), which may fairly
claim the universal consensus of civilised society: but when we
try to state any explicit principle corresponding to this general
habit, the consensus seems to abandon us, and we are inevitably
drawn into controversies which seem to admit of no solution
except that offered by the utilitarian method.[234]
§ 5. We have next to treat of Good Faith, or Fidelity to
Promises; which it is natural to consider in this place, because,
as has been seen, the Duty of Law-observance has by some
thinkers been based upon a prior duty of fulfilling a contract.
The Social Contract however, as above examined, seems at
best merely a convenient fiction, a logical artifice, by which
the mutual jural relations of the members of a civilised community
may be neatly expressed: and in stating the ethical
principles of Common Sense, such a fiction would seem to be
out of place. It must, however, be allowed that there has
frequently been a close historical connection between the Duty
of Law-observance and the duty of Good Faith. In the first
place, a considerable amount of Constitutional Law at least, in
certain ages and countries, has been established or confirmed
by compacts expressly made between different sections of the
community; who agree that for the future government shall be
carried on according to certain rules. The duty of observing
these rules thus presents itself as a Duty of Fidelity to compact.
Yet more is this the case, when the question is one
of imposing not a law, but a law-giver; whose authority is
strengthened by the exaction of an oath of allegiance from his
subjects generally or a representative portion of them. Still,
even in such cases, it can only be by a palpable fiction that
the mass of the citizens can be regarded as bound by an
engagement which only a few of them have actually taken.
We may begin our examination of the duty of Keeping
Promises by noticing that some moralists have classified or even
identified it with Veracity. From one point of view there
certainly seems to be an analogy between the two; as we fulfil
the obligations of Veracity and Good Faith alike by effecting a
correspondence between words and facts—in the one case by
making fact correspond with statement, and in the other by
making statement correspond with fact. But the analogy is
obviously superficial and imperfect; for we are not bound to
make our actions correspond with our assertions generally, but
only with our promises. If I merely assert my intention of
abstaining from alcohol for a year, and then after a week take
some, I am (at worst) ridiculed as inconsistent: but if I have
pledged myself to abstain, I am blamed as untrustworthy.
Thus the essential element of the Duty of Good Faith seems to
be not conformity to my own statement, but to expectations
that I have intentionally raised in others.
On this view, however, the question arises whether, when
a promise has been understood in a sense not intended by the
promiser, he is bound to satisfy expectations which he did not
voluntarily create. It is, I think, clear to Common Sense that
he is so bound in some cases, if the expectation was natural and
such as most men would form under the circumstances: but
this would seem to be one of the more or less indefinite duties
of Justice, and not properly of Good Faith, as there has not
been, strictly speaking, any promise at all. The normal effect
of language is to convey the speaker’s meaning to the person
addressed (here the promiser’s to the promisee), and we always
suppose this to have taken place when we speak of a promise.
If through any accident this normal effect is missed, we may say
that there is no promise, or not a perfect promise.
The moral obligation, then, of a promise is perfectly constituted
when it is understood by both parties in the same sense.
And by the term ‘promise’ we include not words only, but all
signs and even tacit understandings not expressly signified in
any way, if such clearly form a part of the engagement. The
promiser is bound to perform what both he and the promisee
understood to be undertaken.
§ 6. Is, then, this obligation intuitively seen to be independent
and certain?
It is often said to be so: and perhaps we may say that
it seems so to unreflective common sense. But reflection seems
at least to disclose a considerable number of qualifications of
the principle; some clear and precise, while others are more or
less indefinite.
In the first place, thoughtful persons would commonly
admit that the obligation of a promise is relative to the
promisee, and may be annulled by him. And therefore if
the promisee be dead, or otherwise inaccessible and incapable
of granting release, there is constituted an exceptional case, of
which the solution presents some difficulty.[235]
Secondly, a promise to do an immoral act is held not to
be binding, because the prior obligation not to do the act is
paramount; just as in law a contract to do what a man is
not legally free to do, is invalid: otherwise one could evade
any moral obligation by promising not to fulfil it, which
is clearly absurd.[236] And the same principle is of course
applicable to immoral omissions or forbearances to act: here
however, a certain difficulty arises from the necessity of
distinguishing between different kinds or degrees of obligatoriness
in duties; since it is clear that a promise may
sometimes make it obligatory to abstain from doing what it
would otherwise have been a duty to do. Thus it becomes
my duty not to give money to a meritorious hospital if I have
promised all I can spare to an undeserving friend; though
apart from the promise it might have been my duty to prefer
the hospital to the friend. We have, however, already seen
the difficulty of defining the limits of strict duty in many
cases: thus (e.g.) it might be doubted how far the promise of
aid to a friend ought to override the duty of giving one’s
children a good education. The extent, therefore, to which
the obligation of a promise overrides prior obligations becomes
practically somewhat obscure.
§ 7. Further qualifications of the duty of fidelity to
promises, the consideration of which is involved in more
difficulty and dispute, are suggested when we examine more
closely the conditions under which promises are made, and the
consequences of executing them. In the first place, it is
much disputed how far promises obtained by ‘fraud or force’
are binding. As regards fraud, if the promise was understood
to be conditional on the truth of a statement which is found
to be false, it is of course not binding, according to the
principle I originally laid down. But a promise may be
made in consequence of such a fraudulent statement, and yet
made quite unconditionally. Even so, if it were clearly
understood that it would not have been made but for the
false statement,[237] probably most persons would regard it as not
binding. But the false statement may be only one consideration
among others, and it may be of any degree of weight;
and it seems doubtful whether we should feel justified in
breaking a promise, because a single fraudulent statement had
been a part of the inducement to make it: still more if there
has been no explicit assertion, but only a suggestion of what
is false: or no falsehood at all, stated or suggested, but only
a concealment of material circumstances. We may observe
that certain kinds of concealment are treated as legitimate by
our law: in most contracts of sale, for example, the law adopts
the principle of ‘caveat emptor,’ and does not refuse to enforce
the contract because the seller did not disclose defects in the
article sold, unless by some words or acts he produced the
belief that it was free from such defects. Still, this does not
settle the moral question how far a promise is binding if any
material concealment is shown to have been used to obtain it.
We have also to consider the case in which an erroneous impression
has not been wilfully produced, but was either shared
by the promisee or produced in some way unintentionally.
Perhaps in this last case most would say that the bindingness
of the promise is not affected, unless it was expressly conditional.
But on all these points Common Sense seems
doubtful: and somewhat similar difficulties present themselves
when we endeavour to define the obligation of promises partly
obtained by some degree of illegal violence and intimidation.
§ 8. But, secondly, even if a promise has been made quite
freely and fairly, circumstances may alter so much before the
time comes to fulfil it, that the effects of keeping it may be
quite other than those which were foreseen when it was made.
In such a case probably all would agree that the promisee
ought to release the promiser. But if he declines to do this,
it seems difficult to decide how far the latter is bound. Some
would say that he is in all cases: while others would consider
that a considerable alteration of circumstances removed the
obligation—perhaps adding that all engagements must be
understood to be taken subject to a general understanding that
they are only binding if material circumstances remain substantially
the same. But such a principle very much impairs
the theoretical definiteness of the duty.
This difficulty assumes a new aspect when we consider the
case already noticed, of promises made to those who are now
dead or temporarily out of the reach of communications. For
then there is no means of obtaining release from the promise,
while at the same time its performance may be really opposed
to the wishes—or what would have been the wishes—of both
parties. The difficulty is sometimes concealed by saying that
it is our duty to carry out the ‘intention’ of the promise. For
as so used the word Intention is, in common parlance, ambiguous:
it may either mean the signification which the promisee
attached to the terms employed, as distinct from any other
signification which the common usage of words might admit:
or it may include ulterior consequences of the performance of
the promise, which he had in view in exacting it. Now we do
not commonly think that the promiser is concerned with the
latter. He certainly has not pledged himself to aim generally
at the end which the promisee has in view, but only so far as
some particular means are concerned: and if he considers these
means not conducive to the end, he is not thereby absolved
from his promise, under ordinary circumstances. But in the
case supposed, when circumstances have materially changed,
and the promise does not admit of revision, probably most
persons would say that we ought to take into consideration the
ulterior wishes of the promisee, and carry out what we sincerely
think would have been his intention. But the obligation thus
becomes very vague: since it is difficult to tell from a man’s
wishes under one set of circumstances what he would have
desired under circumstances varying from these in a complex
manner: and practically this view of the obligation of a
promise generally leads to great divergence of opinion. Hence
it is not surprising that some hold that even in such a
case the obligation ought to be interpreted strictly: while
others go to the other extreme, and maintain that it ceases
altogether.
But again, it was said that a promise cannot abrogate a
prior obligation; and, as a particular application of this rule,
it would be generally agreed that no promise can make it right
to inflict harm on any one. On further consideration, however,
it appears doubtful how far the persons between whom the
promise passed are included in the scope of this restriction.
For, first, it does not seem to be commonly held that a man is
as strictly bound not to injure himself as he is to avoid
harming others; and so it is scarcely thought that a promise
is not binding because it was a foolish one, and will entail an
amount of pain or burden on the promiser out of proportion to
the good done to the promisee. Still, if we take an extreme
case, where the sacrifice is very disproportionate to the gain,
many conscientious persons would think that the promise
ought rather to be broken than kept. And, secondly, a
different question arises when we consider the possibility of
injuring the promisee by fulfilling the promise. For when it
is said to be wrong to do harm to any one, we do not
commonly mean only what he thinks harm, but what really is
so, though he may think it a benefit; for it seems clearly a
crime for me to give any one what I know to be poison, even
though he may be stubbornly convinced that it is wholesome
food. But now suppose that I have promised A to do something,
which, before I fulfil the promise, I see reason to regard
as likely to injure him. The circumstances may be precisely
the same, and only my view of them have changed. If A
takes a different view and calls on me to fulfil the promise, is
it right to obey him? Surely no one would say this in an
extreme case, such as that of the poison. But if the rule
does not hold for an extreme case, where can we draw the
line? at what point ought I to give up my judgment to A,
unless my own conviction is weakened? Common Sense
seems to give no clear answer.
§ 9. I have laid down that a promise is binding in so
far as it is understood on both sides similarly: and such an
understanding is ordinarily attained with sufficient clearness,
as far as the apprehension of express words or signs is concerned.
Still, even here obscurity and misapprehension
sometimes occur; and in the case of the tacit understandings
with which promises are often complicated, a lack of definite
agreement is not improbable. It becomes, therefore, of
practical importance to decide the question previously raised:
What duty rests on the promiser of satisfying expectations
which he did not intend to create? I called this a duty not
so much of Good Faith as of Justice, which prescribes the
fulfilment of normal expectations. How then shall we determine
what these are? The method by which we commonly
ascertain them seems to be the following. We form the
conception of an average or normal man, and consider what
expectations he would form under the circumstances, inferring
this from the beliefs and expectations which men generally
entertain under similar circumstances. We refer, therefore,
to the customary use of language, and customary tacit understandings
current among persons in the particular relations
in which promiser and promisee stand. Such customary
interpretations and understandings are of course not obligatory
upon persons entering into an engagement: but they constitute
a standard which we think we may presume to be known to
all men, and to be accepted by them, except in so for as it is
explicitly rejected. If one of the parties to an engagement
has deviated from this common standard without giving express
notice, we think it right that he should suffer any loss that
may result from the misunderstanding. This criterion then
is generally applicable: but if custom is ambiguous or shifting
it cannot be applied; and then the just claims of the parties
become a problem, the solution of which is very difficult, if
not strictly indeterminate.
So far we have supposed that the promiser can choose his
own words, and that if the promisee finds them ambiguous he
can get them modified, or (what comes to the same thing)
explained, by the promiser. But we have now to observe
that in the case of promises made to the community, as a
condition of obtaining some office or emolument, a certain unalterable
form of words has to be used if the promise is made
at all. Here the difficulties of moral interpretation are much
increased. It may be said, indeed, that the promise ought to
be interpreted in the sense in which its terms are understood
by the community: and, no doubt, if their usage is quite
uniform and unambiguous, this rule of interpretation is
sufficiently obvious and simple. But since words are often
used in different ways by different members of the same
society, and especially with different degrees of strictness and
laxity, it often happens that a promise to the community
cannot strictly be said to be understood in any one sense: the
question therefore arises, whether the promiser is bound to
keep it in the sense in which it will be most commonly
interpreted, or whether he may select any of its possible
meanings. And if the formula is one of some antiquity, it is
further questioned, whether it ought to be interpreted in the
sense which its words would now generally bear, or in that
which they bore when it was drawn up; or, if they were then
ambiguous, in the sense which appears to have been attached
to them by the government that imposed the promise. On
all these points it is difficult to elicit any clear view from
Common Sense. And the difficulty is increased by the fact
that there are usually strong inducements to make these
formal engagements, which cause even tolerably conscientious
persons to take them in a strained and unnatural sense.
When this has been done continually by many persons, a new
general understanding grows up as to the meaning of the
engagements: sometimes they come to be regarded as ‘mere
forms,’ or, if they do not reach this point of degradation, they
are at least understood in a sense differing indefinitely from
their original one. The question then arises, how far this
process of gradual illegitimate relaxation or perversion can
modify the moral obligation of the promise for a thoroughly
conscientious person. It seems clear that when the process
is complete, we are right in adopting the new understanding
as far as Good Faith is concerned, even if it palpably conflicts
with the natural meaning of language; although it is always
desirable in such cases that the form of the promise should be
changed to correspond with the changed substance. But
when, as is ordinarily the case, the process is incomplete,
since a portion of the community understands the engagement
in the original strict sense, the obligation becomes
difficult to determine, and the judgments of conscientious
persons respecting it become divergent and perplexed.
To sum up the results of the discussion: it appears that a
clear consensus can only be claimed for the principle that a
promise, express or tacit, is binding, if a number of conditions
are fulfilled: viz. if the promiser has a clear belief as to the
sense in which it was understood by the promisee, and if the
latter is still in a position to grant release from it, but unwilling
to do so, if it was not obtained by force or fraud, if it
does not conflict with definite prior obligations, if we do not
believe that its fulfilment will be harmful to the promisee, or
will inflict a disproportionate sacrifice on the promiser, and
if circumstances have not materially changed since it was
made. If any of these conditions fails, the consensus seems
to become evanescent, and the common moral perceptions of
thoughtful persons fall into obscurity and disagreement.
§ 1. It may easily seem that when we have discussed
Benevolence, Justice, and the observance of Law and Contract,
we have included in our view the whole sphere of social duty,
and that whatever other maxims we find accepted by Common
Sense must be subordinate to the principles which we have
been trying to define.
For whatever we owe definitely to our fellow-men, besides
the observance of special contracts, and of positive laws, seems—at
least by a slight extension of common usage—to be
naturally included under Justice: while the more indefinite
obligations which we recognise seem to correspond to the
goodwill which we think ought to exist among all members
of the human family, together with the stronger affections
appropriate to special relations and circumstances. And
hence it may be thought that the best way of treating the
subject would have been to divide Duty generally into Social
and Self-regarding, and again to subdivide the former branch
into the heads which I have discussed one by one; afterwards
adding such minor details of duty as have obtained special
names and distinct recognition. And this is perhaps the
proper place to explain why I did not adopt this course.
The division of duties into Social and Self-regarding, though
obvious, and acceptable enough as a rough prima facie classification,
does not on closer examination seem exactly appropriate
to the Intuitional Method. For these titles naturally suggest
that the happiness or well-being, of the agent or of others, is
always the end and final determinant of right action: whereas
the Intuitional doctrine is, that at least certain kinds of
conduct are prescribed absolutely, without reference to their
ulterior consequences. And if a more general meaning be
given to the terms, and by Social duties we understand those
which consist in the production of certain effects upon others,
while in the Self-regarding we aim at producing certain
effects upon ourselves, the division is still an unsuitable one.
For these consequences are not clearly recognised in the
enunciation of common rules of morality: and in many cases
we produce marked effects both on ourselves and on others, and
it is not easy to say which (in the view of Common Sense) are
most important: and again, this principle of division would
sometimes make it necessary to cut in two the class of duties
prescribed under some common notion; as the same rule may
govern both our social and our solitary conduct. Take, for
example, the acts morally prescribed under the head of Courage.
It seems clear that the prominence given to this Virtue in
historic systems of morality has been due to the great social
importance that must always attach to it, so long as communities
of men are continually called upon to fight for their
existence and well-being: but still the quality of bravery is
the same essentially, whether it be exhibited for selfish or
social ends.
It is no doubt true that when we examine with a view
to definition the kinds of conduct commended or prescribed
in any list of Virtues commonly recognised, we find, to a
great extent, that the maxims we obtain are clearly not
absolute and independent: that the quality denoted by our
term is admittedly only praiseworthy in so far as it promotes
individual or general welfare, and becomes blameworthy—though
remaining in other respects the same—when it
operates adversely to these ends. We have already noticed
this result in one or two instances, and it will be illustrated
at length in the following chapters. But though this is
the case to a great extent, it is, for our present purpose, of
special importance to note the—real or apparent—exceptions
to the rule; because they are specially characteristic of the
method that we call Intuitionism.
One of the most important of these exceptions is Veracity:
and the affinity in certain respects of this duty—in spite
of fundamental differences—to the duty of Good Faith or
Fidelity to Promises renders it convenient to examine the
two in immediate succession. Under either head a certain
correspondence between words and facts is prescribed: and
hence the questions that arise when we try to make the
maxims precise are somewhat similar in both cases. For
example, just as the duty of Good Faith did not lie in
conforming our acts to the admissible meaning of certain
words,[238] but to the meaning which we knew to be put on
them by the promisee; so the duty of Truthspeaking is not
to utter words which might, according to common usage,
produce in other minds beliefs corresponding to our own,
but words which we believe will have this effect on the
persons whom we address. And this is usually a very simple
matter, as the natural effect of language is to convey our
beliefs to other men, and we commonly know quite well
whether we are doing this or not. A certain difficulty
arises, as in the case of promises, from the use of set forms
imposed either by law or by custom; to which most of the
discussion of the similar difficulty in the preceding chapter
applies with obvious modifications. In the case of formulæ
imposed by law—such (e.g.) as declarations of religious
belief—it is doubtful whether we may understand the terms
in any sense which they commonly bear, or are to take them
in the sense intended by the Legislature that imposed them;
and again, a difficulty is created by the gradual degradation
or perversion of their meaning, which results from the strong
inducements offered for their general acceptance; for thus
they are continually strained and stretched until a new
general understanding seems gradually to grow up as to the
meaning of certain phrases; and it is continually disputed
whether we may veraciously use the phrases in this new
signification. A similar process continually alters the meaning
of conventional expressions current in polite society.
When a man declares that he ‘has great pleasure in accepting’
a vexatious invitation, or is ‘the obedient servant’ of
one whom he regards as an inferior, he uses phrases which
were probably once deceptive. If they are so no longer,
Common Sense condemns as over-scrupulous the refusal to
use them where it is customary to do so. But Common
Sense seems doubtful and perplexed where the process of
degradation is incomplete, and there are still persons who
may be deceived: as in the use of the reply that one is ‘not
at home’ to an inconvenient visitor from the country.
However, apart from the use of conventional phrases,
the rule ‘to speak the truth’ is not generally difficult of
application in conduct. And many moralists have regarded
this, from its simplicity and definiteness, as a quite unexceptionable
instance of an ethical axiom. I think, however,
that patient reflection will show that this view is not really
confirmed by the Common Sense of mankind.
§ 2. In the first place, it does not seem clearly agreed
whether Veracity is an absolute and independent duty, or a
special application of some higher principle. We find (e.g.)
that Kant regards it as a duty owed to oneself to speak
the truth, because ‘a lie is an abandonment or, as it were,
annihilation of the dignity of man.’ And this seems to be
the view in which lying is prohibited by the code of honour,
except that it is not thought (by men of honour as such)
that the dignity of man is impaired by any lying: but only
that lying for selfish ends, especially under the influence
of fear, is mean and base. In fact there seems to be circumstances
under which the code of honour prescribes lying.
Here, however, it may be said to be plainly divergent from
the morality of Common Sense. Still, the latter does not
seem to decide clearly whether truth-speaking is absolutely
a duty, needing no further justification: or whether it is
merely a general right of each man to have truth spoken
to him by his fellows, which right however may be forfeited
or suspended under certain circumstances. Just as each
man is thought to have a natural right to personal security
generally, but not if he is himself attempting to injure others
in life and property: so if we may even kill in defence of
ourselves and others, it seems strange if we may not lie, if
lying will defend us better against a palpable invasion of
our rights: and Common Sense does not seem to prohibit
this decisively. And again, just as the orderly and systematic
slaughter which we call war is thought perfectly right under
certain circumstances, though painful and revolting: so in
the word-contests of the law-courts, the lawyer is commonly
held to be justified in untruthfulness within strict rules and
limits: for an advocate is thought to be over-scrupulous who
refuses to say what he knows to be false, if he is instructed
to say it.[239] Again, where deception is designed to benefit the
person deceived, Common Sense seems to concede that it may
sometimes be right: for example, most persons would not
hesitate to speak falsely to an invalid, if this seemed the
only way of concealing facts that might produce a dangerous
shock: nor do I perceive that any one shrinks from telling
fictions to children, on matters upon which it is thought
well that they should not know the truth. But if the
lawfulness of benevolent deception in any case be admitted,
I do not see how we can decide when and how far it is
admissible, except by considerations of expediency; that is,
by weighing the gain of any particular deception against
the imperilment of mutual confidence involved in all violation
of truth.
The much argued question of religious deception (‘pious
fraud’) naturally suggests itself here. It seems clear, however,
that Common Sense now pronounces against the broad
rule, that falsehoods may rightly be told in the interests
of religion. But there is a subtler form in which the same
principle is still maintained by moral persons. It is sometimes
said that the most important truths of religion cannot
be conveyed into the minds of ordinary men, except by being
enclosed, as it were, in a shell of fiction; so that by relating
such fictions as if they were facts, we are really performing
an act of substantial veracity.[240] Reflecting upon this argument,
we see that it is not after all so clear wherein Veracity
consists. For from the beliefs immediately communicated by
any set of affirmations inferences are naturally drawn, and we
may clearly foresee that they will be drawn. And though
commonly we intend that both the beliefs immediately communicated
and the inferences drawn from them should be
true, and a person who always aims at this is praised as
candid and sincere: still we find relaxation of the rule prescribing
this intention claimed in two different ways by at
least respectable sections of opinion. For first, as was just
now observed, it is sometimes held that if a conclusion is
true and important, and cannot be satisfactorily communicated
otherwise, we may lead the mind of the hearer to it by means
of fictitious premises. But the exact reverse of this is perhaps
a commoner view: viz. that it is only an absolute duty
to make our actual affirmations true: for it is said that
though the ideal condition of human converse involves perfect
sincerity and candour, and we ought to rejoice in exhibiting
these virtues where we can, still in our actual world concealment
is frequently necessary to the well-being of society, and
may be legitimately effected by any means short of actual
falsehood. Thus it is not uncommonly said that in defence
of a secret we may not indeed lie,[241] i.e. produce directly beliefs
contrary to fact; but we may “turn a question aside,” i.e.
produce indirectly, by natural inference from our answer, a
negatively false belief; or “throw the inquirer on a wrong
scent,” i.e. produce similarly a positively false belief. These
two methods of concealment are known respectively as suppressio
veri and suggestio falsi, and many think them legitimate
under certain circumstances: while others say that if
deception is to be practised at all, it is mere formalism to
object to any one mode of effecting it more than another.
On the whole, then, reflection seems to show that the rule
of Veracity, as commonly accepted, cannot be elevated into a
definite moral axiom: for there is no real agreement as to
how far we are bound to impart true beliefs to others: and
while it is contrary to Common Sense to exact absolute candour
under all circumstances, we yet find no self-evident secondary
principle, clearly defining when it is not to be exacted.
§ 3. There is, however, one method of exhibiting a priori
the absolute duty of Truth, which we must not overlook; as, if
it be valid, it would seem that the exceptions and qualifications
above mentioned have been only admitted by Common Sense
from inadvertence and shallowness of thought.
It is said that if it were once generally understood that lies
were justifiable under certain circumstances, it would immediately
become quite useless to tell the lies, because no one
would believe them; and that the moralist cannot lay down a
rule which, if generally accepted, would be suicidal. To this
there seem to be three answers. In the first place it is not
necessarily an evil that men’s confidence in each other’s assertions
should, under certain peculiar circumstances, be impaired
or destroyed: it may even be the very result which we should
most desire to produce: e.g. it is obviously a most effective
protection for legitimate secrets that it should be universally
understood and expected that those who ask questions which
they have no right to ask will have lies told them: nor, again,
should we be restrained from pronouncing it lawful to meet
deceit with deceit, merely by the fear of impairing the security
which rogues now derive from the veracity of honest men. No
doubt the ultimate result of general unveracity under the
circumstances would be a state of things in which such falsehoods
would no longer be told: but unless this ultimate result
is undesirable, the prospect of it does not constitute a reason
why the falsehoods should not be told so long as they are
useful. But, secondly, since the beliefs of men in general are
not formed purely on rational grounds, experience shows that
unveracity may long remain partially effective under circumstances
where it is generally understood to be legitimate. We
see this in the case of the law-courts. For though jurymen are
perfectly aware that it is considered the duty of an advocate to
state as plausibly as possible whatever he has been instructed
to say on behalf of any criminal he may defend, still a skilful
pleader may often produce an impression that he sincerely
believes his client to be innocent: and it remains a question
of casuistry how far this kind of hypocrisy is justifiable. But,
finally, it cannot be assumed as certain that it is never right to
act upon a maxim of which the universal application would
be an undoubted evil. This assumption may seem to be
involved in what was previously admitted as an ethical axiom,
that what is right for me must be right for ‘all persons under
similar conditions.’[242] But reflection will show that there is
a special case within the range of the axiom in which its
application is necessarily self-limiting, and excludes the practical
universality which the axiom appears to suggest: i.e.
where the agent’s conditions include (1) the knowledge that
his maxim is not universally accepted, and (2) a reasoned conviction
that his act will not tend to make it so, to any important
extent. For in this case the axiom will practically
only mean that it will be right for all persons to do as the
agent does, if they are sincerely convinced that the act will
not be widely imitated; and this conviction must vanish if
it is widely imitated. It can hardly be said that these
conditions are impossible: and if they are possible, the axiom
that we are discussing can only serve, in its present application,
to direct our attention to an important danger of unveracity,
which constitutes a strong—but not formally conclusive—utilitarian
ground for speaking the truth.[243]
Note.—Mr. Stephen (Science of Ethics, chap. v. § 33) explains the
exceptions to the rule of truth-speaking as follows:—
“The rule, ‘Lie not,’ is the external rule, and corresponds approximately
to the internal rule, ‘Be trustworthy.’ Cases occur where the
rules diverge, and in such cases it is the internal rule which is morally
approved. Truthfulness is the rule because in the vast majority of cases
we trust a man in so far as he speaks the truth; in the exceptional cases,
the mutual confidence would be violated when the truth, not when the
lie, is spoken.”
This explanation seems to me for several reasons inadequate. (1)
If we may sometimes lie to defend the life or secrets of others, it is paradoxical
to say that we may not do so to defend our own; but a falsehood
in self-defence obviously cannot be justified as an application of the
maxim “be trustworthy.” (2) Even when the falsehood is in legitimate
defence of others against attacks, we cannot say that the speaker manifests
“trustworthiness” without qualification; for the deceived assailant trusts
his veracity, otherwise he would not be deceived: the question therefore
is under what circumstances the confidence of A that I shall speak the
truth may legitimately be disappointed in order not to disappoint
the confidence of B that I shall defend his life and honour. This
question Mr. Stephen’s explanation does not in any way aid us to
answer.
The general question raised by Mr. Stephen, as to the value of
“internal rules,” expressed in the form “Be this,” in contrast to external
rules, expressed in the form “Do this,” will be dealt with in a subsequent
chapter (xiv. § 1).
§ 1. When we proceed to inquire how far the minor social
duties and virtues recognised by Common Sense appear on
examination to be anything more than special applications of
the Benevolence—general or particular—discussed in chap.
iv., the department of duty which most prominently claims
our attention, is that which deals with the existence, and
determines the legitimacy, of feelings antithetical to the
benevolent.
For it seems that malevolent affections are as natural to
man as the benevolent: not indeed in the same sense—for
man tends to have normally some kindly feeling for any fellow-man,
when there is no special cause operating to make him
love or hate, (though this tendency is obscured in the lower
stages of social development by the habitual hostility between
strange tribes and races); but still such special causes of
malevolent feeling continually occur, and, in the main, exemplify
a psychological law analogous to that by which the
growth of benevolent feelings is explained. For just as we
are apt to love those who are the cause of pleasure to us
whether by voluntary benefits or otherwise: so by strict
analogy we naturally dislike those who have done us harm,
either consciously from malevolence or mere selfishness, or
even unconsciously, as when another man is an obstacle to
our attainment of a much-desired end. Thus we naturally
feel ill-will to a rival who deprives us of an object of competition:
and so in persons in whom the desire of superiority
is strong, a certain dislike of any one who is more successful
or prosperous than themselves is easily aroused: and this
envy, however repulsive to our moral sense, seems as natural
as any other malevolent emotion. And it is to be observed
that each of the elements into which we can analyse malevolent
affection finds its exact counterpart in the analysis of
the benevolent: as the former includes a dislike of the presence
of its object and a desire to inflict pain on it, and also a
capacity of deriving pleasure from the pain thus inflicted.[244]
If now we ask how far indulgence of malevolent emotions
is right and proper, the answer of Common Sense is not
easy to formulate. For some would say broadly that they
ought to be repressed altogether or as far as possible. And
no doubt we blame all envy (though sometimes to exclude
it altogether requires a magnanimity which we praise): and
we regard as virtues or natural excellences the good-humour
which prevents one from feeling even pain to a material
extent—not to say resentment—from trifling annoyances
inflicted by others, the meekness which does not resent even
graver injuries, the mildness and gentleness which refrain from
retaliating them, and the placability which accords forgiveness
rapidly and easily. We are even accustomed to praise the mercy
which spares even deserved punishment: because though we
never exactly disapprove of the infliction of deserved punishment,
and hold it to be generally a duty of government—and in
certain cases of private persons—to inflict it, we do not think
that this duty admits of no exceptions; we think that in
exceptional cases considerations not strictly relevant to the
question of justice may be properly regarded as reasons for
remitting punishment, and we admire the sympathetic nature
that eagerly avails itself of these legitimate occasions for
remission.
On the other hand Common Sense admits instinctive resentment
for wrong to be legitimate and proper: and even a more
sustained and deliberate malevolence is commonly approved as
virtuous indignation. The problem, then, is how to reconcile
these diverse approvals. Even as regards external duty, there
is some difficulty; since, though it is clear to common sense that
in a well-ordered society punishment of adults ought generally
to be inflicted by government, and that a private individual
wronged ought not to “take the law into his own hands,”—still
there are in all societies injuries to individuals which the
law does not punish at all or not adequately, and for which
effective requital is often possible without transgressing the
limits of legality; and there seems to be no clear agreement
as to the right manner of dealing with these. For the Christian
code is widely thought to prescribe a complete and absolute
forgiveness of such offences, and many Christians have endeavoured
to carry out this rule by dismissing the offences
as far as possible from their minds, or at least allowing the
memory of them to have no effect on their outward conduct.
Few, however, would deny that, so far as a wrong done to me
gives ground for expecting future mischief from the offender
to myself or to others, I am bound as a rational being to
take due precautions against this future mischief; and probably
most would admit that such precautions for the future, in the
case we are considering, may include the infliction of punishment
for the past, where impunity would give a dangerous
temptation to a repetition of the unpunished offence. If we
ask, therefore, how far forgiveness is practically possible, the
answer seems admittedly to depend on two considerations:
(1) how far the punishment to which resentment prompts is
really required in the interests of society, and (2) how far, if so,
it will be adequately inflicted if the person wronged refrains
from inflicting it. But, obviously, so far as we allow the
question to be settled by these considerations we are introducing
a method difficult to distinguish from the Utilitarian.
And we seem led to a similar result in discussing the
legitimacy of malevolent feeling. Here again we find much
disagreement among thoughtful persons: for many would say
that though the emotion of anger is legitimate, it ought to
be directed always against wrong acts as such, and not against
the agent: for even where the anger may legitimately prompt
us to punish him, it ought never to overcome our kindly feeling
towards him. And certainly if this state of mind is possible,
it seems the simplest reconciliation of the general maxim of
Benevolence with the admitted duty of inflicting punishment.
On the other hand, it is urged, with some reason, that to retain
a genuine kindly feeling towards a man, while we are gratifying
a strong impulse of aversion to his acts by inflicting pain on
him, requires a subtle complexity of emotion too far out of
the reach of ordinary men to be prescribed as a duty: and that
we must allow as right and proper a temporary suspension of
benevolence towards wrong-doers until they have been punished.
Some, again, make a distinction between Instinctive and Deliberate
Resentment: saying that the former is legitimate in so
far as it is required for the self-defence of individuals and the
repression of mutual violence, but that deliberate resentment is
not similarly needed, for if we act deliberately we can act from
a better motive. Others, however, think that a deliberate and
sustained desire to punish wrong-doers is required in the
interests of society, since the mere desire to realise Justice will
not practically be strong enough to repress offences: and that
it is as serious a mistake to attempt to substitute the desire
of Justice for natural resentment as it would be to substitute
prudence for natural appetite in eating and drinking, or mere
dutifulness for filial affection.[245]
Again, a distinction may be taken between the impulse to
inflict pain and the desire of the antipathetic pleasure which the
agent will reap from this infliction; so that, while we approve
the former under certain circumstances, we may still regard the
latter as altogether inadmissible. It would seem, however, that
a man under the influence of a strong passion of resentment can
hardly exclude from his mind altogether an anticipation of the
pleasure that he will feel when the passion is gratified; and if so,
he can hardly exclude altogether the desire of this gratification.
If, therefore, it is important for the well-being of society that
men should derive hearty satisfaction from the punishment
of a nefarious criminal, it is perhaps going too far to prohibit
absolutely the desire of this satisfaction; though we may say
that a man ought not to cherish this desire, and gloat over the
anticipated pleasure.
On the whole we may perhaps sum up by saying that
a superficial view of the matter naturally leads us to condemn
sweepingly all malevolent feelings and the acts to which they
prompt, as contrary to the general duty of benevolence: but
that the common sense of reflective persons recognises the necessity
of relaxing this rule in the interests of society: only it is
not clear as to the limits or principles of this relaxation, though
inclined to let it be determined by considerations of expediency.
§ 2. The remaining virtues that are clearly and exclusively
social, will be easily seen to have no independent
maxims; the conduct in which they are respectively realised
being merely the fulfilment, under special conditions, of the
rules already discussed. We need not, then, enter upon an
exhaustive examination of these minor virtues—for it is not our
object to frame a complete glossary of ethical terms—: but for
illustration’s sake it may be well to discuss one or two of them;
and I will select for examination Liberality with its cognate
notions, partly on account of the prominence that it has had in
the earlier ages of thought, and partly because of a certain
complexity in the feelings with which it is usually regarded.
Considered as a Virtue, Liberality seems to be merely Benevolence,
as exhibited in the particular service of giving money,
beyond the limits of strict duty as commonly recognised:—for
in so far as it can be called a duty to be liberal, it is because in
the performance of the more or less indefinite duties enumerated
in chap. iv. we do not like exactness to be sought; a certain
excess is needful if the duty is to be well done. And perhaps
in the case of the poor this graceful excess is excluded by
prudence: for though a poor man might make a great sacrifice
in a small gift we should call this generous but scarcely liberal;
Liberality appears to require an external abundance in the gift
even more than a self-sacrificing disposition. It seems therefore
to be possible only to the rich: and, as I have hinted, in the
admiration commonly accorded to it there seems to be mingled
an element rather æsthetic than moral. For we are all apt to
admire power, and we recognise the latent power of wealth
gracefully exhibited in a certain degree of careless profusion
when the object is to give happiness to others. Indeed the
vulgar admire the same carelessness as manifested even in
selfish luxury.
The sphere of Liberality, then, lies generally in the fulfilment
of the indefinite duties of Benevolence. But there is a
certain borderground between Justice and Benevolence where
it is especially shown; namely, in the full satisfaction of all
customary expectations, even when indefinite and uncertain;
as (e.g.) in the remuneration of services, in so far as this is
governed by custom; and even where it is left entirely to
free contract, and therefore naturally determined by haggling
and bargaining (as market value generally), it is characteristic
of a liberal man to avoid this haggling and to give somewhat
higher remuneration than the other party might be induced
to take, and similarly to take for his own services a somewhat
lower payment than he might persuade the other to give.
And again, since laws and promises and especially tacit understandings
are sometimes doubtful and ambiguous, a liberal
man will in such cases unhesitatingly adopt the interpretation
which is least in his own favour, and pay the most that he
can by any fairminded person be thought to owe, and exact
the least that reasonably can be thought to be due to himself:
that is, if the margin be, relatively to his resources, not
considerable.[246] And of a man who does the opposite of all
this we predicate Meanness; this being the vice antithetical
to Liberality. Here again there seems no place for this particular
vice if the amount at stake be considerable; for then
we think it not mean to exact one’s own rights to the full,
and worse than mean to refuse another what he ought to
have; in fact in such cases we think that any indefiniteness
as to rights should be practically removed by the decision of
a judge or arbitrator. The vice of meanness then is, we may
say, bounded on the side of vice by injustice: the mean man
is blamed not for violation of Justice, but, because he chooses
a trifling gain to himself rather than the avoidance of disappointment
to others. And here, again, it should be
observed, an element not strictly moral is included in the
common disapprobation of meanness. For, as we have seen,
a certain carelessness of money is admired as a sign of power
and superiority: and the opposite habit is a symbol of
inferiority. The mean man then is apt to be despised as
having the bad taste to show this symbol needlessly, preferring
a little gain to the respect of his fellow-men.
Meanness, however, has a wider sphere than Liberality,
and refers not merely to the taking or refusing of money, but
to taking advantages generally: in this wider sense the
opposite virtue is Generosity.
In so far as the sphere of Generosity coincides with that
of Liberality, the former seems partly to transcend the latter,
partly to refer more to feelings than to outward acts, and to
imply a completer triumph of unselfish over selfish impulses.
In the wider sense it is strikingly exhibited in conflict and
competition of all kinds. Here it is sometimes called Chivalry.
Reflection shows us that the essence of this beautiful virtue
is the realisation of Benevolence under circumstances which
make it peculiarly difficult and therefore peculiarly admirable.
For Generosity or Chivalry towards adversaries or
competitors seems to consist in showing as much kindness and
regard for their well-being as is compatible with the ends
and conditions of conflict: one prominent form of this being
the endeavour to realise ideal justice in these conditions, not
merely by observing all the rules and tacit understandings
under which the conflict is conducted, but by resigning even
accidental advantages. Such resignation, however, is not considered
a strict duty: nor is there any agreement as to how
far it is right and virtuous; for what some would praise and
approve, others would regard as quixotic and extravagant.
To sum up, we may say that the terms Liberality and
Generosity, so far as they are strictly ethical, denote the
virtue of Benevolence (perhaps including Justice to some
extent) as exhibited in special ways and under special conditions.
And the examination of the other minor social
virtues would evidently lead to similar general results: though
it might not always be easy to agree on their definitions.
§ 1. I conceive that according to the morality of
Common Sense, an ultimate harmony between (1) Self-interest
and (2) Virtue is assumed or postulated; so that the performance
of duty and cultivation of Virtue generally may be
regarded as a “duty to self,” as being always conducive to the
agent’s true interest and well-being. But further, Common
Sense (in modern Europe) recognises a strict duty of preserving
one’s own life, even when the prospect life offers is one in
which pain preponderates over pleasure; it is, indeed, held to
be right and praiseworthy to encounter certain death in the
performance of strict duty, or for the preservation of the life
of another, or for any very important gain to society; but
not merely in order to avoid pain to the agent. At the same
time, within the limits fixed by this and other duties, Common
Sense considers, I think,[247] that it is a duty to seek our own
happiness, except in so far as we can promote the welfare of
others by sacrificing it. This “due concern about our own
interest or happiness” may be called the Duty of Prudence. It
should, however, be observed that—since it is less evident that
men do not adequately desire their own greatest good, than
that their efforts are not sufficiently well directed to its attainment—in
conceiving Prudence as a Virtue or Excellence,
attention is often fixed almost exclusively on its intellectual
side. Thus regarded, Prudence may be said to be merely
Wisdom made more definite by the acceptance of Self-interest
as its sole ultimate end: the habit of calculating carefully the
best means to the attainment of our own interest, and resisting
all irrational impulses which may tend to perturb our calculations
or prevent us from acting on them.
§ 2. There are, however, current notions of particular
virtues, which might be called Self-regarding; but yet with
respect to which it is not quite clear whether they are merely
particular applications of Prudence, or whether they have
independent maxims. Of these Temperance, one of the four
cardinal virtues anciently recognised, seems the most prominent.
In its ordinary use, Temperance is the habit of controlling the
principal appetites (or desires which have an immediate
corporeal cause). The habit of moderating and controlling
our desires generally is recognised by Common Sense as useful
and desirable, but with less distinctness and emphasis.
All are agreed that our appetites need control: but in
order to establish a maxim of Temperance, we have to
determine within what limits, on what principle, and to what
end they ought to be controlled. Now in the case of the
appetites for food, drink, sleep, stimulants, etc., no one doubts
that bodily health and vigour is the end naturally subserved
by their gratification, and that the latter ought to be checked
whenever it tends to defeat this end (including in the notion
of health the most perfect condition of the mental faculties,
so far as this appears to depend upon the general state of the
body). And, further, the indulgence of a bodily appetite is
manifestly imprudent, if it involves the loss of any greater
gratification of whatever kind: and otherwise wrong if it interferes
with the performance of duties; though it is perhaps
doubtful how far this latter indulgence would commonly
be condemned as ‘intemperance.’
Some, however, deduce from the obvious truth, that the
maintenance of bodily health is the chief natural end of the
appetites, a more rigid rule of restraint, and one that goes
beyond prudence. They say that this end ought to fix not
only the negative but the positive limit of indulgence; that
the pleasure derived from the gratification of appetite should
never be sought per se (even when it does not impair health,
or interfere with duty, or with a greater pleasure of a different
kind); but only in so far as such gratification is positively
conducive to health. When we consider to what a marked
divergence from the usual habits of the moral rich this
principle would lead, we might be disposed to say that it
is clearly at variance with Common Sense: but it often meets
with verbal assent.
There is, again, a third and intermediate view which
accepts the principle that the gratification of appetite is not
to be sought for its own sake, but admits other ends as
legitimate besides the mere maintenance of health and
strength:—e.g. “cheerfulness, and the cultivation of the
social affections.”[248] Some such principle seems to be more
or less consciously held by many persons: hence we find
that solitary indulgence in the pleasures of the table is very
frequently regarded with something like moral aversion: and
that the banquets which are given and enjoyed by moral
persons, are vaguely supposed to have for their end not the
common indulgence of sensual appetites, but the promotion of
conviviality and conversational entertainment. For it is
generally believed that the enjoyment in common of a
luxurious meal develops social emotions, and also stimulates
the faculties of wit and humour and lively colloquy in
general; and feasts which are obviously not contrived with
a view to such convivial and colloquial gratifications seem to
be condemned by refined persons. Still it would be going too
far to state, as a maxim supported by Common Sense in
respect of sensual pleasures generally, that they are never to be
sought except they positively promote those of a higher kind.
§ 3. In the last section we have spoken chiefly of the
appetites for food and drink. It is, however, in the case of
the appetite of sex that the regulation morally prescribed most
clearly and definitely transcends that of mere prudence: which
is indicated by the special notion of Purity or Chastity.[249]
At first sight it may perhaps appear that the regulation
of the sexual appetite prescribed by the received moral code
merely confines its indulgence within the limits of the union
sanctioned by law: only that here, as the natural impulse is
peculiarly powerful and easily excited, it is especially necessary
to prohibit any acts, internal as well as external, that tend
even indirectly to the transgression of these limits. And this
is to a great extent true: still on reflection it will appear, I
think, that our common notion of purity implies a standard
independent of law; for, first, conformity to this does not
necessarily secure purity: and secondly, all illegitimate sexual
intercourse is not thought to be impure,[250] and it is only by
inadvertence that the two notions are sometimes confounded.
But it is not very clear what this standard is. For when we
interrogate the moral consciousness of mankind, we seem to
find two views, a stricter and a laxer, analogous to the two
interpretations of Temperance last noticed. It is agreed that
the sexual appetite ought never to be indulged for the sake
of the sensual gratification merely, but as a means to some
higher end: but some say that the propagation of the species
is the only legitimate, as it is obviously the primary natural,
end: while others regard the development of mutual affection
in a union designed to be permanent as an end perfectly
admissible and right. I need not point out that the practical
difference between the two views is considerable; so that this
question is one which it is necessary to raise and decide.
But it may be observed that any attempt to lay down minute
and detailed rules on this subject seems to be condemned by
Common Sense as tending to defeat the end of purity; as
such minuteness of moral legislation invites men in general
to exercise their thoughts on this subject to an extent which
is practically dangerous.[251]
I ought to point out that the Virtue of Purity is certainly
not merely self-regarding, and is therefore properly out of
place in this chapter: but the convenience of discussing it
along with Temperance has led me to take it out of its
natural order. Some, however, would go further, and say
that it ought to be treated as a distinctly social virtue: for
the propagation and rearing of children is one of the most
important of social interests: and they would maintain that
Purity merely connotes a sentiment protective of these important
functions, supporting the rules which we consider
necessary to secure their proper performance. But it seems
clear that, though Common Sense undoubtedly recognises this
tendency of the sentiment of Purity to maintain the best
possible provision for the continuance of the human race, it
still does not regard that as the fundamental point in the
definition of this rule of duty, and the sole criterion in
deciding whether acts do or do not violate the rule.
There seem to be no similar special questions with respect
to most other desires. We recognise, no doubt, a general
duty of self-control: but this is merely as a means to the end
of acting rationally (whatever our interpretation of rational
action may be); it only prescribes that we should yield to no
impulse which prompts us to act in antagonism to ends or
rules deliberately accepted. Further, there is a certain
tendency among moral persons to the ascetic opinion that
the gratification of merely sensual impulse is in itself somewhat
objectionable: but this view does not seem to be taken
by Common Sense in particular cases;—we do not (e.g.)
commonly condemn the most intense enjoyment of muscular
exercise, or warmth, or bathing. The only other case, besides
that of the appetites above discussed, in which the Common
Sense of our age and country seems to regard as right or
admirable the repression of natural impulses, beyond what
Prudence and Benevolence would dictate, is that of the
promptings of pain and fear. An important instance of this
is to be found in the before-mentioned rule prohibiting
suicide absolutely, even in face of the strongest probability
that the rest of a man’s life will be both miserable and
burdensome to others. But in other cases also praise is
apparently bestowed on endurance of pain and danger, beyond
what is conducive to happiness; as we shall have occasion to
observe in the next chapter.
§ 1. Besides the Virtue of Purity, which we found it
convenient to discuss in the last chapter, there remain one or
two prominent excellences of character which do not seem to
be commonly admired and inculcated with any distinct reference
either to private or to general happiness; and which,
though in most cases obviously conducive to one or other of
these ends, sometimes seem to influence conduct in a direction
at variance with them.
For example, Courage is a quality which excites general
admiration, whether it is shown in self-defence, or in aiding
others, or even when we do not see any benefit resulting from
the particular exhibition of it. Again, in Christian societies,
Humility (if believed sincere) often obtains unqualified praise,
in spite of the loss that may evidently result from a man’s
underrating his own abilities. It will be well, therefore, to
examine how far in either case we can elicit a clear and
independent maxim defining the conduct commended under
each of these notions.
To begin with Courage. We generally denote by this
term a disposition to face danger of any kind without shrinking.
We sometimes also call those who bear pain unflinchingly
courageous: but this quality of character we more
commonly distinguish as Fortitude. Now it seems plain that
if we seek for a definition of strict duty, as commonly recognised,
under the head either of Courage or of Fortitude, we
can find none that does not involve a reference to other
maxims and ends. For no one would say that it is our duty
to face danger or to bear avoidable pain generally, but only
if it meets us in the course of duty.[252] And even this needs
further qualification: for as regards such duties as those (e.g.) of
general Benevolence, it would be commonly allowed that the
agent’s pain and danger are to be taken into account in
practically determining their extent: it would be held that
we are not bound to endure any pain except for the prevention
of manifestly greater pain to another, or the attainment of a
more important amount of positive good: nor to run any risk,
unless the chance of additional benefit to be gained for another
outweighs the cost and chance of loss to ourselves if we fail.
Indeed it is doubtful whether the common estimate of the
duty of Benevolence could be said to amount quite to this.[253]
When, however, we consider Courage as an Excellence
rather than a duty, it seems to hold a more independent
position in our moral estimation. And this view corresponds
more completely than the other to the common application
of the notion; as there are many acts of courage, which are not
altogether within the control of the Will, and therefore cannot
be regarded as strict duties. For (1) danger is frequently
sudden and needs to be met without deliberation, so that our
manner of meeting it can only be semi-voluntary. And (2)
though naturally timid persons can perhaps with effort control
fear as they can anger or appetite, if time be allowed for
deliberation, and can prevent it from taking effect in dereliction
of duty: still this result is not all that is required for the
performance of such courageous acts as need more than ordinary
energy—for the energy of the timid virtuous man is liable to be
exhausted in the effort to control his fear: e.g. in battle he can
perhaps stand still to be killed as well as the courageous man,
but not charge with the same impetuosity or strike with the
same vigour and precision.[254]
So far then as Courage is not completely voluntary, we
have to consider whether it is a desirable quality rather
than whether we are strictly bound to exhibit it. And here
there seems no doubt that we commonly find it morally
admirable without reference to any end served by it, and
when the dangers which call it forth might be avoided without
any dereliction of duty. At the same time we call a man foolhardy
who runs unnecessarily into danger beyond a certain
degree. Where then is the limit to be fixed? On utilitarian
principles we should endeavour to strike as exact a balance as
possible between the amount of danger incurred in any case and
the probable benefit of cultivating and developing by practice a
habit so frequently necessary for the due performance of important
duties. This will obviously give a different result for
different states of society and different callings and professions;
as most people need this instinctive courage less in civilised
societies than in semi-barbarous ones, and civilians less than
soldiers. Perhaps the instinctive admiration of mankind for
acts of daring does not altogether observe this limit: but we
may say, I think, that in so far as it attempts to justify itself
on reflection, it is commonly in some such way as this; and
Common Sense does not seem to point to any limit depending
on a different principle.
§ 2. As the Virtue of Courage is prominent in Pagan
ethics, and in the Code of Honour which may be regarded as a
sort of survival of the pagan view of morality, so Humility
especially belongs to the ideal set before mankind by Christianity.
The common account, however, of this virtue is
somewhat paradoxical. For it is generally said that Humility
prescribes a low opinion of our own merits: but if our merits
are comparatively high, it seems strange to direct us to have a
low opinion of them. It may be replied, that though our merits
may be high when compared with those of ordinary men, there
are always some to be found superior, and we can compare ourselves
with these, and in the extreme case with ideal excellence,
of which all fall far short; and that we ought to make this kind
of comparison and not the other kind, and contemplate our
faults—of which we shall assuredly find a sufficiency—and not
our merits. But surely in the most important deliberations
which human life offers, in determining what kind of work we
shall undertake and to what social functions we shall aspire, it
is often necessary that we should compare our qualifications
carefully with those of average men, if we are to decide rightly.
And it would seem just as irrational to underrate ourselves
as to overrate; and though most men are more prone to the
latter mistake, there are certainly some rather inclined to the
former.
I think that if we reflect carefully on the common judgments
in which the notion of Humility is used, we shall find
that the quality commonly praised under this name (which is
not always used eulogistically), is not properly regulative of
the opinions we form of ourselves—for here as in other opinions
we ought to aim at nothing but Truth—but tends to the repression
of two different seductive emotions, one entirely self-regarding,
the other relating to others and partly taking effect in
social behaviour. Partly, the Virtue of Humility is manifested
in repressing the emotion of self-admiration, which springs naturally
from the contemplation of our own merits, and as it is highly
agreeable, prompts to such contemplation. This admiring self-complacency
is generally condemned: but not, I think, by an
intuition that claims to be ultimate, as it is commonly justified by
the reason that such self-admiration, even if well-grounded, tends
to check our progress towards higher virtue. The mere fact of
our feeling this admiration is thought to be evidence that we
have not sufficiently compared ourselves with our ideal, or that
our ideal is not sufficiently high: and it is thought to be indispensable
to moral progress that we should have a high ideal
and should continually contemplate it. At the same time, we
obviously need some care in the application of this maxim.
For all admit that self-respect is an important auxiliary to right
conduct: and moralists continually point to the satisfactions
of a good conscience as part of the natural reward which
Providence has attached to virtue: yet it is difficult to separate
the glow of self-approbation which attends the performance of a
virtuous action from the complacent self-consciousness which
Humility seems to exclude. Perhaps we may say that the
feeling of self-approbation itself is natural and a legitimate
pleasure, but that if prolonged and fostered it is liable to
impede moral progress: and that what Humility prescribes is
such repression of self-satisfaction as will tend on the whole to
promote this end. On this view the maxim of Humility is
clearly a dependent one: the end to which it is subordinate is
progress in Virtue generally. As for such pride and self-satisfaction
as are based not on our own conduct and its results,
but on external and accidental advantages, these are condemned
as involving a false and absurd view as to the nature
of real merit.
But we not only take pleasure in our own respect and
admiration, but still more, generally speaking, in the respect
and admiration of others. The desire for this, again, is held
to be to some extent legitimate, and even a valuable aid to
morality: but as it is a dangerously seductive impulse, and
frequently acts in opposition to duty, it is felt to stand in
special need of self-control. Humility, however, does not so
much consist in controlling this desire, as in repressing the
claim for its satisfaction which we are naturally disposed to
make upon others. We are inclined to demand from others
‘tokens of respect,’ some external symbol of their recognition of
our elevated place in the scale of human beings; and to complain
if our demands are not granted. Such claims and demands
Humility bids us repress. It is thought to be our duty not
to exact, in many cases, even the expression of reverence which
others are strictly bound to pay. And yet here, again, there is
a limit, in the view of Common Sense, at which this quality of
behaviour passes over into a fault: for the omission of marks of
respect[255] is sometimes an insult which impulses commonly
regarded as legitimate and even virtuous (sense of Dignity, Self-respect,
Proper Pride, etc.) prompt us to repel. I do not,
however, think it possible to claim a consensus for any formula
for determining this limit.
§ 1. We have now concluded such detailed examination of
the morality of Common Sense as, on the plan laid down in
chap. i. of this Book, it seemed desirable to undertake. We
have not discussed all the terms of our common moral vocabulary:
but I believe that we have omitted none that are
important either in themselves or relatively to our present
inquiry. For of those that remain we may fairly say, that
they manifestly will not furnish independent maxims: for
reflection will show that the conduct designated by them is
either prescribed merely as a means to the performance of
duties already discussed; or is really identical with the whole
or part of some of these, viewed in some special aspect, or
perhaps specialised by the addition of some peculiar circumstance
or condition.
Let us now pause and survey briefly the process in which
we have been engaged, and the results which we have elicited.
We started with admitting the point upon the proof of
which moralists have often concentrated their efforts, the existence
of apparently independent moral intuitions. It seemed
undeniable that men judge some acts to be right and wrong in
themselves, without consideration of their tendency to produce
happiness to the agent or to others: and indeed without taking
their consequences into account at all, except in so far as these
are included in the common notion of the act. We saw, however,
that in so far as these judgments are passed in particular
cases, they seem to involve (at least for the more reflective
part of mankind) a reference of the case to some general rule
of duty: and that in the frequent cases of doubt or conflict of
judgments as to the rightness of any action, appeal is commonly
made to such rules or maxims, as the ultimately valid
principles of moral cognition. In order, therefore, to throw
the Morality of Common Sense into a scientific form, it seemed
necessary to obtain as exact a statement as possible of these
generally recognised principles. I did not think that I could
dispense myself from this task by any summary general argument,
based on the unscientific character of common morality.
There is no doubt that the moral opinions of ordinary men
are in many points loose, shifting, and mutually contradictory,
but it does not follow that we may not obtain from this fluid
mass of opinion, a deposit of clear and precise principles commanding
universal acceptance. The question, whether we can
do this or not, seemed to me one which should not be decided
a priori without a fair trial: and it is partly in order to prepare
materials for this trial that the survey in the preceding eight
chapters has been conducted. I have endeavoured to ascertain
impartially, by mere reflection on our common moral discourse,
what are the general principles or maxims, according to which
different kinds of conduct are judged to be right and reasonable
in different departments of life. I wish it to be particularly
observed, that I have in no case introduced my own views,
in so far as I am conscious of their being at all peculiar to
myself: my sole object has been to make explicit the implied
premises of our common moral reasoning. I now wish to
subject the results of this survey to a final examination, in
order to decide whether these general formulæ possess the
characteristics by which self-evident truths are distinguished
from mere opinions.
§ 2. There seem to be four conditions, the complete fulfilment
of which would establish a significant proposition,
apparently self-evident, in the highest degree of certainty
attainable: and which must be approximately realised by the
premises of our reasoning in any inquiry, if that reasoning is
to lead us cogently to trustworthy conclusions.
I. The terms of the proposition must be clear and precise.
The rival originators of modern Methodology, Descartes and
Bacon, vie with each other in the stress that they lay on this
point: and the latter’s warning against the “notiones male
terminatæ” of ordinary thought is peculiarly needed in ethical
discussion. In fact my chief business in the preceding survey
has been to free the common terms of Ethics, as far as possible,
from objection on this score.
II. The self-evidence of the proposition must be ascertained
by careful reflection. It is needful to insist on this,
because most persons are liable to confound intuitions, on the
one hand with mere impressions or impulses, which to careful
observation do not present themselves as claiming to be
dictates of Reason; and on the other hand, with mere opinions,
to which the familiarity that comes from frequent hearing
and repetition often gives a false appearance of self-evidence
which attentive reflection disperses. In such cases the
Cartesian method of testing the ultimate premises of our
reasonings, by asking ourselves if we clearly and distinctly
apprehend them to be true, may be of real use; though it
does not, as Descartes supposed, afford a complete protection
against error. A rigorous demand for self-evidence in our
premises is a valuable protection against the misleading influence
of our own irrational impulses on our judgments: while
at the same time it not only distinguishes as inadequate the
mere external support of authority and tradition, but also
excludes the more subtle and latent effect of these in fashioning
our minds to a facile and unquestioning admission of
common but unwarranted assumptions.
And we may observe that the application of this test is
especially needed in Ethics. For, on the one hand, it cannot
be denied that any strong sentiment, however purely subjective,
is apt to transform itself into the semblance of an intuition;
and it requires careful contemplation to detect the illusion.
Whatever we desire we are apt to pronounce desirable: and we
are strongly tempted to approve of whatever conduct gives us
keen pleasure.[256] And on the other hand, among the rules of
conduct to which we customarily conform, there are many
which reflection shows to be really derived from some external
authority: so that even if their obligation be unquestionable,
they cannot be intuitively ascertained. This is of course the case
with the Positive Law of the community to which we belong.
There is no doubt that we ought,—at least generally speaking,—to
obey this: but what it is we cannot of course ascertain
by any process of abstract reflection, but only by consulting
Reports and Statutes. Here, however, the sources of knowledge
are so definite and conspicuous, that we are in no danger
of confounding the knowledge gained from studying them with
the results of abstract contemplation. The case is somewhat
different with the traditional and customary rules of behaviour
which exist in every society, supplementing the regulative
operation of Law proper: here it is much more difficult to
distinguish the rules which a moral man is called upon to
define for himself, by the application of intuitively known
principles, from those as to which some authority external to
the individual is recognised as the final arbiter.[257]
We may illustrate this by referring to two systems of rules
which we have before[258] compared with Morality; the Law of
Honour, and the Law of Fashion or Etiquette. I noticed that
there is an ambiguity in the common terms ‘honourable’ and
‘dishonourable’; which are no doubt sometimes used, like
ethical terms, as implying an absolute standard. Still, when
we speak of the Code of Honour we seem to mean rules of
which the exact nature is to be finally determined by an
appeal to the general opinion of well-bred persons: we admit
that a man is in a sense ‘dishonoured’ when this opinion
condemns him, even though we may think his conduct unobjectionable
or even intrinsically admirable.[259] Similarly, when
we consider from the point of view of reason the rules of
Fashion or Etiquette, some may seem useful and commendable,
some indifferent and arbitrary, some perhaps absurd and burdensome:
but nevertheless we recognise that the final authority
on matters of Etiquette is the custom of polite society; which
feels itself under no obligation of reducing its rules to rational
principles. Yet it must be observed that each individual in
any society commonly finds in himself a knowledge not obviously
incomplete of the rules of Honour and Etiquette, and
an impulse to conform to them without requiring any further
reason for doing so. Each often seems to see at a glance what
is honourable and polite just as clearly as he sees what is
right: and it requires some consideration to discover that in
the former cases custom and opinion are generally the final
authority from which there is no appeal. And even in the
case of rules regarded as distinctly moral, we can generally find
an element that seems to us as clearly conventional as the
codes just mentioned, when we contemplate the morality of
other men, even in our own age and country. Hence we may
reasonably suspect a similar element in our own moral code:
and must admit the great importance of testing rigorously any
rule which we find that we have a habitual impulse to obey;
to see whether it really expresses or can be referred to a clear
intuition of rightness.
III. The propositions accepted as self-evident must be
mutually consistent. Here, again, it is obvious that any
collision between two intuitions is a proof that there is error
in one or the other, or in both. Still, we frequently find
ethical writers treating this point very lightly. They appear
to regard a conflict of ultimate rules as a difficulty that may
be ignored or put aside for future solution, without any slur
being thrown on the scientific character of the conflicting
formulæ. Whereas such a collision is absolute proof that at
least one of the formulæ needs qualification: and suggests
a doubt whether the correctly qualified proposition will
present itself with the same self-evidence as the simpler
but inadequate one; and whether we have not mistaken
for an ultimate and independent axiom one that is really
derivative and subordinate.
IV. Since it is implied in the very notion of Truth that
it is essentially the same for all minds, the denial by another
of a proposition that I have affirmed has a tendency to impair
my confidence in its validity. And in fact ‘universal’ or
‘general’ consent has often been held to constitute by itself
a sufficient evidence of the truth of the most important
beliefs; and is practically the only evidence upon which the
greater part of mankind can rely. A proposition accepted
as true upon this ground alone has, of course, neither self-evidence
nor demonstrative evidence for the mind that so
accepts it; still, the secure acceptance that we commonly
give to the generalisations of the empirical sciences rests—even
in the case of experts—largely on the belief that other
experts have seen for themselves the evidence for these
generalisations, and do not materially disagree as to its
adequacy. And it will be easily seen that the absence of
such disagreement must remain an indispensable negative
condition of the certainty of our beliefs. For if I find any
of my judgments, intuitive or inferential, in direct conflict
with a judgment of some other mind, there must be error
somewhere: and if I have no more reason to suspect error
in the other mind than in my own, reflective comparison
between the two judgments necessarily reduces me temporarily
to a state of neutrality. And though the total result in my
mind is not exactly suspense of judgment, but an alternation
and conflict between positive affirmation by one act of thought
and the neutrality that is the result of another, it is obviously
something very different from scientific certitude.
Now if the account given of the Morality of Common
Sense in the preceding chapters be in the main correct, it
seems clear that, generally speaking, its maxims do not fulfil
the conditions just laid down. So long as they are left in
the state of somewhat vague generalities, as we meet them
in ordinary discourse, we are disposed to yield them unquestioning
assent, and it may be fairly claimed that the
assent is approximately universal—in the sense that any
expression of dissent is eccentric and paradoxical. But as
soon as we attempt to give them the definiteness which
science requires, we find that we cannot do this without
abandoning the universality of acceptance. We find, in
some cases, that alternatives present themselves, between
which it is necessary that we should decide; but between
which we cannot pretend that Common Sense does decide,
and which often seem equally or nearly equally plausible.
In other cases the moral notion seems to resist all efforts to
obtain from it a definite rule: in others it is found to comprehend
elements which we have no means of reducing to a
common standard, except by the application of the Utilitarian—or
some similar—method. Even where we seem able to
educe from Common Sense a more or less clear reply to the
questions raised in the process of definition, the principle
that results is qualified in so complicated a way that its
self-evidence becomes dubious or vanishes altogether. And
thus in each case what at first seemed like an intuition turns
out to be either the mere expression of a vague impulse,
needing regulation and limitation which it cannot itself
supply, but which must be drawn from some other source:
or a current opinion, the reasonableness of which has still
to be shown by a reference to some other principle.
In order that this result may be adequately exhibited,
I must ask the reader to travel with me again through
the series of principles elicited from Common Sense in the
previous chapters, and to examine them from a somewhat
different point of view. Before, our primary aim was to
ascertain impartially what the deliverances of Common Sense
actually are: we have now to ask how far these enunciations
can claim to be classed as Intuitive Truths.
The reader should observe that throughout this examination
a double appeal is made; on the one hand to his
individual moral consciousness, and, on the other hand, to
the Common Sense of mankind, as expressed generally by
the body of persons on whose moral judgment he is prepared
to rely. I ask him (1) whether he can state a clear, precise,
self-evident first principle, according to which he is prepared
to judge conduct under each head: and (2) if so, whether
this principle is really that commonly applied in practice, by
those whom he takes to represent Common Sense.[260]
§ 3. If we begin by considering the duty of acting wisely,
discussed in chap. iii., we may seem perhaps to have before
us an axiom of undoubted self-evidence. For acting wisely
appeared to mean taking the right means to the best ends;
i.e. taking the means which Reason indicates to the ends
which Reason prescribes. And it is evident that it must be
right to act reasonably. Equally undeniable is the immediate
inference from, or negative aspect of, this principle; that it is
wrong to act in opposition to rational judgment. This, taken
in connexion with the empirical fact of impulses in our minds
conflicting with Reason, gives—as another self-evident principle—the
maxim of Temperance or Self-control in its widest
interpretation; i.e. ‘That reason should never give way to
Appetite or Passion.’[261] And these principles have sometimes
been enounced with no little solemnity as answering the
fundamental question of Ethics and supplying the basis or
summary of a doctrine of Practice.
But this statement of principles turns out to be one of
those stages, so provokingly frequent in the course of ethical
reflection, which, as far as practical guidance is concerned, are
really brief circuits, leading us back to the point from which
we started. Or rather, to prevent misapprehension, it should
be observed that the maxims just given may be understood
in two senses: in one sense they are certainly self-evident,
but they are also insignificant: in another sense they include
more or less distinctly a direction to an important practical
duty, but as so understood they lose their self-evidence. For
if the rules of Wisdom and Self-control mean (1) that we
ought always to do what we see to be reasonable, and (2) that
we are not to yield to any impulse urging us in an opposite
direction; they simply affirm that it is our duty (1) generally,
and (2) under special temptations, to do what we judge to be
our duty;[262] and convey no information as to the method and
principles by which duty is to be determined.
But if these rules are further understood (as they sometimes
are understood) to prescribe the cultivation of a habit of acting
rationally; that is, of referring each act to definitely conceived
principles and ends, instead of allowing it to be determined by
instinctive impulses; then I cannot see that the affirmation of
this as an universal and absolute rule of duty is self-evidently
true. For when Reason is considered not in the present as
actually commanding, but as an End of which a fuller realisation
has to be sought in the future; the point of view from
which its sovereignty has to be judged is entirely changed.
The question is no longer whether the dictates of Reason
ought always to be obeyed, but whether the dictation of
Reason is always a Good; whether any degree of predominance
of Reason over mere Impulse must necessarily tend to the
perfection of the conscious self of which both are elements.
And it is surely not self-evident that this predominance cannot
be carried too far; and that Reason is not rather self-limiting,
in the knowledge that rational ends are sometimes better
attained by those who do not directly aim at them as rational.
Certainly Common Sense is inclined to hold that in many
matters instinct is a better spring of action than reason: thus
it is commonly said that a healthy appetite is a better guide
to diet than a doctor’s prescription: and, again, that marriage
is better undertaken as a consequence of falling in love than
in execution of a tranquil and deliberate design: and we
before observed (chap. iv.) that there is a certain excellence in
services springing from spontaneous affection which does not
attach to similar acts done from pure sense of duty. And in
the same way experience seems to show that many acts
requiring promptitude and vigour are likely to be more
energetic and effective, and that many acts requiring tact and
delicacy are likely to be more graceful and pleasant to others,
if they are done not in conscious obedience to the dictates of
Reason but from other motives. It is not necessary here to
decide how far this view is true: it suffices to say that we do
not know intuitively that it is not true to some extent; we
do not know that there may not be—to use Plato’s analogy—over-government
in the individual soul no less than in the
state. The residuum, then, of clear intuition which we have
so far obtained, is the insignificant proposition that it is our
duty to do what we judge to be our duty.
§ 4. Let us pass now to what I have called the duties of
the Affections, the rules that prescribe either love itself in
some degree, or the services that naturally spring from it in
those relations where it is expected and desired. Here, in the
first place, the question how far we are bound to render
these services when we do not feel the affection is answered
differently in many cases by different persons, and no determination
of the limit seems self-evident. And similarly if
we ask whether affection itself is a duty; for on the one hand
it is at least only partially within the control of the will, and
in so far as it can be produced by voluntary effort, there is
thought to be something unsatisfactory and unattractive in
the result; and on the other hand, in certain relations it
seems to be commonly regarded as a duty. On those points
the doctrine of Common Sense is rather a rough compromise
between conflicting lines of thought than capable of being
deduced from a clear and universally accepted principle. And
if we confine ourselves to the special relations where Common
Sense admits no doubt as to the broad moral obligation of at
least rendering such services as affection naturally prompts,
still the recognised rules of external duty in these relations
are, in the first place, wanting in definiteness and precision:
and secondly, they do not, when rigorously examined, appear
to be, or to be referable to, independent intuitions so far as the
particularity of the duties is concerned. Let us take, for
example, the duty of parents to children. We have no doubt
about this duty as a part of the present order of society, by
which the due growth and training of the rising generation is
distributed among the adults. But when we reflect on this
arrangement itself, we cannot see intuitively that it is the best
possible. It may be plausibly maintained that children would
be better trained, physically and mentally, if they were brought
up under the supervision of physicians and philosophers, in
large institutions maintained out of the general taxes. We
cannot decide a priori which of these alternatives is preferable;
we have to refer to psychological and sociological
generalisations, obtained by empirical study of human nature
in actual societies. If, however, we consider the duty of
parents by itself, out of connexion with this social order, it is
certainly not self-evident that we owe more to our own
children than to others whose happiness equally depends on
our exertions. To get the question clear, let us suppose that
I am thrown with my family upon a desert island, where I find
an abandoned orphan. Is it evident that I am less bound to
provide this child, as far as lies in my power, with the means
of subsistence, than I am to provide for my own children?
According to some, my special duty to the latter would arise
from the fact that I have brought them into being: but, if so,
it would seem that on this principle I have a right to diminish
their happiness, provided I do not turn it into a negative
quantity; since, as without me they would not have existed at
all, they can, as my children, have no claim upon me for more
than an existence on the whole above zero in respect of happiness.
We might even deduce a parental right (so far as this
special claim is concerned) to extinguish children painlessly at
any point of their existence, if only their life up to that point
has been on the whole worth having; for how can persons who
would have had no life at all but for me fairly complain that
they are not allowed more than a certain quantity?[263] I do not
mean to assert that these doctrines are even implicitly held by
Common Sense: but merely to show that here, as elsewhere,
the pursuit of an irrefragable intuition may lead us unaware
into a nest of paradoxes.
It seems, then, that we cannot, after all, say that the
special duty of parents to children, considered by itself,
possesses clear self-evidence: and it was easy to show
(cf. chap. iv.) that as recognised by Common Sense its limits
are indeterminate.
The rule prescribing the duty of children to parents need
not detain us; for to Common Sense it certainly seems doubtful
whether this is not merely a particular case of gratitude;
and we certainly have no clear intuition of what is due to
parents who do not deserve gratitude. Again, the moral
relation of husband and wife seems to depend chiefly upon
contract and definite understanding. It is, no doubt, usually
thought that Morality, as well as law prescribes certain conditions
for all connubial contracts: and in our own age and
country it is held that they should be (1) monogamic and (2)
permanent. But it seems clear that neither of these opinions
would be maintained to be a primary intuition. Whether
these or any other legal regulations of the union of the sexes
can be deduced from some intuitive principle of Purity, we
will presently consider: but as for such conjugal duties as are
not prescribed by Law, probably no one at the present day
would maintain that there is any such general agreement as
to what these are, as would support the theory that they may
be known a priori.[264]
If, then, in these domestic relations—where the duties of
affection are commonly recognised as so imperative and important—we
can find no really independent and self-evident
principles for determining them, I need not perhaps spend
time in showing that the same is the case in respect of the
less intimate ties (of kindred, neighbourhood, etc.) that bind
us to other human beings. Indeed, this was made sufficiently
manifest in our previous discussion of those other duties.
No doubt there are certain obligations towards human
beings generally which are, speaking broadly, unquestionable:
as, for example, the negative duty of abstaining from causing
pain to others against their will, except by way of deserved
punishment (whether this is to be placed under the head of
Justice or Benevolence); and of making reparation for any
pain which we may have caused. Still, when we consider the
extent of these duties and try to define their limits,—when we
ask how far we may legitimately cause pain to other men (or
other sentient beings) in order to obtain happiness for ourselves
or third persons, or even to confer a greater good on the
sufferer himself, if the pain be inflicted against his will,—we
do not seem able to obtain any clear and generally accepted
principle for deciding this point, unless the Utilitarian formula
be admitted as such. Again, as regards Reparation, there is,
as we have seen, a fundamental doubt how far this is due for
harm that has been involuntarily caused.
Similarly, all admit that we have a general duty of rendering
services to our fellow-men and especially to those who are
in special need, and that we are bound to make sacrifices for
them, when the benefit that we thereby confer very decidedly
outweighs the loss to ourselves; but when we ask how far we
are bound to give up our own happiness in order to promote
that of our fellows, while it can hardly be said that Common
Sense distinctly accepts the Utilitarian principle, it yet does
not definitely affirm any other.
And even the common principle of Gratitude, though its
stringency is immediately and universally felt, seems yet
essentially indeterminate: owing to the unsolved question
whether the requital of a benefit ought to be proportionate to
what it cost the benefactor, or to what it is worth to the
recipient.
§ 5. When we pass to consider that element of Justice
which presented itself as Gratitude universalised, the same
difficulty recurs in a more complicated form. For here, too,
we have to ask whether the Requital of Good Desert ought
to be proportioned to the benefit rendered, or to the effort
made to render it. And if we scrutinise closely the common
moral notion of Retributive Justice, it appears, strictly taken,
to imply the metaphysical doctrine of Free Will; since,
according to this conception, the reasonableness of rewarding
merit is considered solely in relation to the past, without
regard to the future bad consequences to be expected from
leaving merit without encouragement: and if every excellence
in any one’s actions or productions seems referable ultimately
to causes other than himself, the individual’s claim to requital,
from this point of view, appears to vanish. On the other
hand it is obviously paradoxical in estimating Desert to omit
the moral excellences due to hereditary transmission and
education: or even intellectual excellences, since good intention
without foresight is commonly held to constitute a very imperfect
merit. Even if we cut through this speculative
difficulty by leaving the ultimate reward of real Desert to
Divine Justice, we still seem unable to find any clear
principles for framing a scale of merit. And much the
same may be said, mutatis mutandis, of the scale of Demerit
which Criminal Justice seems to require.
And even if these difficulties were overcome, we should
still be only at the commencement of the perplexities in
which the practical determination of Justice on self-evident
principles is involved. For the examination of the contents
of this notion, which we conducted in chap. v., furnished us not
with a single definite principle, but with a whole swarm of
principles, which are unfortunately liable to come into conflict
with each other; and of which even those that when singly
contemplated have the air of being self-evident truths, do not
certainly carry with them any intuitively ascertainable definition
of their mutual boundaries and relations. Thus, for
example, in constructing an ideally perfect distribution of the
means of happiness, it seems necessary to take into account
the notion (as I called it) of Fitness, which, though often
confounded with Desert, seems essentially distinct from it.
For the social ‘distribuend’ includes not merely the means of
obtaining pleasurable passive feelings, but also functions and
instruments, which are important sources of happiness, but
which it is obviously reasonable to give to those who can
perform and use them. And even as regards the material
means of comfort and luxury—wealth, in short—we do not
find that the same amount produces the same result of
happiness in every case: and it seems reasonable that the
means of refined and varied pleasure should be allotted to
those who have the corresponding capacities for enjoyment.[265]
And yet these may not be the most deserving, so that this
principle may clearly conflict with that of requiting Desert.
And either principle, as we saw, is liable to come into
collision with the widely-accepted doctrine that the proper
ultimate end of Law is to secure the greatest possible Freedom
of action to all members of the community: and that all that
any individual, strictly speaking, owes to any other is non-interference,
except so far as he has further bound himself by
free contract. But further, when we come to examine this
principle in its turn, we find that, in order to be capable at
all of affording a practical basis for social construction, it needs
limitations and qualifications which make it look less like an
independent principle than a “middle axiom” of Utilitarianism;
and that it cannot without a palpable strain be made to cover
the most important rights which Positive Law secures. For
example, the justification of permanent appropriation is surely
rather that it supplies the only adequate motive for labour
than that it, strictly speaking, realises Freedom: nor can the
questions that arise in determining the limits of the right of
property—such as whether it includes the right of bequest—be
settled by any deductions from this supposed fundamental
principle. Nor again, can even the enforcement of contracts
be fairly said to be a realisation of Freedom; for a man seems,
strictly speaking, freer when no one of his volitions is allowed
to cause an external control of any other. And if we disregard
this as a paradoxical subtlety, we are met on the
opposite side by the perplexity that if abstract Freedom is
consistent with any engagement of future services, it must on
the same grounds be consistent with such as are perpetual and
unqualified, and so even with actual slavery. And this
question becomes especially important when we consider that
the duty of obeying positive laws has by many been reconciled
with the abstract right of Freedom, by supposing a ‘tacit
compact’ or understanding between each individual and the
rest of his community. This Compact, however, seems on
examination too clearly fictitious to be put forward as a basis
of moral duty: as is further evident from the indefinitely
various qualifications and reservations with which the ‘understanding’
has by different thinkers been supposed to be
‘understood.’ Hence many who maintain the ‘Birthright of
Freedom’ consider that the only abstractedly justifiable social
order is one in which no laws are imposed without the express
consent of those who are to obey them. But we found it
impossible really to construct society upon this basis: and
such Representative Governments as have actually been
established only appear to realise this idea by means of sweeping
limitations and transparent fictions. It was manifest,
too, that the maximum of what may be called Constitutional
Freedom—i.e. the most perfect conformity between the action
of a government and the wishes of the majority of its subjects—need
by no means result in the realisation of the maximum
of Civil Freedom in the society so governed.
But even if we could delineate to our satisfaction an ideal
social order, including an ideal form of government, we have
still to reconcile the duty of realising this with the conformity
due to the actual order of society. For we have a strong
conviction that positive laws ought, generally speaking, to be
obeyed: and, again, our notion of Justice seemed to include
a general duty of satisfying the expectations generated by
custom and precedent. Yet if the actual order of society
deviates very much from what we think ought to exist, the
duty of conforming to it seems to become obscure and doubtful.
And apart from this we cannot say that Common Sense
regards it as an axiom that Laws ought to be obeyed. Indeed,
all are agreed that they ought to be disobeyed when they
command what is wrong: though we do not seem able to
elicit any clear general view as to what remains wrong after
it has been commanded by the sovereign. And, again, the
positive laws that ought to be obeyed as such must be the
commands issued by a (morally) rightful authority: and
though these will ordinarily coincide with the commands
legally enforced, we cannot say that this is always the case;
for the courts may be temporarily subservient to a usurper;
or, again, the sovereign hitherto habitually obeyed may be one
against whom it has become right to rebel (since it is generally
admitted that this is sometimes right). We require,
then, principles for determining when usurpation becomes
legitimate and when rebellion is justifiable: and we do not
seem able to elicit these from Common Sense—except so far
as it may be fairly said that on this whole subject Common
Sense inclines more to the Utilitarian method than it does in
matters of private morality.
Still less can we state the general duty of satisfying
‘natural expectations’—i.e. such expectations as an average
man would form under given circumstances—in the form of
a clear and precise moral axiom. No doubt a just man will
generally satisfy customary claims: but it can hardly be
maintained that the mere existence of a custom renders it
clearly obligatory that any one should conform to it who has
not already promised to do so; especially since bad customs
can only be abolished by individuals venturing to disregard
them.
§ 6. We have still to examine (whether as a branch of
Justice or under a separate head) the duty of fulfilling express
promises and distinct understandings. The peculiar confidence
which moralists have generally felt in this principle is strikingly
illustrated by those endeavours to extend its scope which
we have just had occasion to notice: and it certainly seems to
surpass in simplicity, certainty, and definiteness the moral
rules that we have hitherto discussed. Here, then, if anywhere,
we seem likely to find one of those ethical axioms of
which we are in search. Now we saw that the notion of a
Promise requires several qualifications not commonly noticed
to make it precise: but this alone is no reason why it may
not be fitly used in framing a maxim, which when enunciated
and understood will properly claim universal acceptance as
self-evident. For similarly the uninstructed majority of mankind
could not define a circle as a figure bounded by a line
of which every point is equidistant from the centre: but
nevertheless, when the definition is explained to them, they
will accept it as expressing the perfect type of that notion of
roundness which they have long had in their minds. And the
same potential universality of acceptance may, I think, be
fairly claimed for the propositions that the promise which the
Common Sense of mankind recognises as binding must be
understood by promiser and promisee in the same sense at the
time of promising, and that it is relative to the promisee and
capable of being annulled by him, and that it cannot override
determinate[266] prior obligations.
But the case is different with the other qualifications which
we had to discuss. When once the question of introducing
these has been raised, we see that Common Sense is clearly
divided as to the answer. If we ask (e.g.) how far our promise
is binding if it was made in consequence of false statements, on
which, however, it was not understood to be conditional; or if
important circumstances were concealed, or we were in any way
led to believe that the consequences of keeping the promise
would be different from what they turn out to be; or if the
promise was given under compulsion; or if circumstances have
materially altered since it was given, and we find that the
results of fulfilling it will be different from what we foresaw
when we promised; or even if it be only our knowledge of
consequences which has altered, and we now see that fulfilment
will entail on us a sacrifice out of proportion to the
benefit received by the promisee; or perhaps see that it will
even be injurious to him though he may not think so;—different
conscientious persons would answer these and other[267]
questions (both generally and in particular cases) in different
ways: and though we could perhaps obtain a decided majority
for some of these qualifications and against others, there would
not in any case be a clear consensus either way. And, moreover,
the mere discussion of these points seems to make it
plain that the confidence with which the “unsophisticated
conscience” asserts unreservedly “that promises ought to be
kept,” is due to inadvertence; and that when the qualifications
to which we referred are fairly considered, this confidence
inevitably changes into hesitation and perplexity. It should
be added, that some of these qualifications themselves suggest
a reference to the more comprehensive principle of Utilitarianism,
as one to which this particular rule is naturally
subordinate.
Again, reflection upon the place of this duty in a classified
system of moral obligations tends to confirm our distrust of the
ordinary enunciations of Common Sense in respect of it. For,
as was seen, Fidelity to promises is very commonly ranked with
Veracity; as though the mere fact of my having said that I
would do a thing were the ground of my duty to do it. But
on reflection we perceive that the obligation must be regarded
as contingent on the reliance that another has placed on my
assertion: that, in fact, the breach of duty is constituted by
the disappointment of expectations voluntarily raised. And
when we see this we become less disposed to maintain the
absoluteness of the duty: it seems now to depend upon the
amount of harm done by disappointing expectations; and we
shrink from saying that the promise ought to be kept, if the
keeping it would involve an amount of harm that seems
decidedly to outweigh this.
The case of Veracity we may dismiss somewhat more
briefly, as here it was still more easy to show that the common
enunciation of the unqualified duty of Truth-speaking is made
without full consideration, and cannot approve itself to the
reflective mind as an absolute first principle. For, in the
first place, we found no clear agreement as to the fundamental
nature of the obligation; or as to its exact scope, i.e. whether
it is our actual affirmation as understood by the recipient
which we are bound to make correspondent to fact (as far as
we can), or whatever inferences we foresee that he is likely
to draw from this, or both. To realise perfect Candour and
Sincerity, we must aim at both: and we no doubt admire the
exhibition of these virtues: but few will maintain that they
ought to be exhibited under all circumstances. And, secondly,
it seems to be admitted by Common Sense, though vaguely
and reluctantly, that the principle, however defined, is not
of universal application; at any rate it is not thought to be
clearly wrong that untruths should be told to children, or
madmen, or invalids, or by advocates, or to enemies or robbers,
or even to persons who ask questions which they have no
right to ask (if a mere refusal to answer would practically
reveal an important secret). And when we consider the
limitations generally admitted, it seems still more plain than
in the last case, that they are very commonly determined by
utilitarian reasonings, implicit or explicit.
§ 7. If, then, the prescriptions of Justice, Good Faith, and
Veracity, as laid down by Common Sense, appear so little
capable of being converted into first principles of scientific
Ethics, it seems scarcely necessary to inquire whether such
axioms can be extracted from the minor maxims of social
behaviour, such as the maxim of Liberality or the rules
restraining the Malevolent Affections: or, again, from such
virtues as Courage and Humility, which we found it difficult
to class as either social or self-regarding. Indeed, it was made
plain in chap. viii. that as regards the proper regulation of
resentment, Common Sense can only be saved from inconsistency
or hopeless vagueness by adopting the ‘interest of society’
as the ultimate standard: and in the same way we cannot
definitely distinguish Courage from Foolhardiness except by
a reference to the probable tendency of the daring act to
promote the wellbeing of the agent or of others, or to some
definite rule of duty prescribed under some other notion.
It is true that among what are commonly called “duties to
self” we find the duty of self-preservation prescribed with
apparent absoluteness,—at least so far as the sacrifice of one’s
life is not imperatively required for the preservation of the
lives of others, or for the attainment of some result conceived
to be very important to society. I think, however, that when
confronted with the question of preserving a life which we
can foresee will be both miserable and burdensome to others—e.g.
the life of a man stricken with a fatal disease which
precludes the possibility of work of any kind, during the
weeks or months of agony that remain to him,—though
Common Sense would still deny the legitimacy of suicide,
even under these conditions, it would also admit the necessity
of finding reasons for the denial. This admission would
imply that the universal wrongness of suicide is at any rate
not self-evident. And the reasons that would be found—so
far as they did not ultimately depend upon premises drawn
from Revelational Theology—would, I think, turn out to be
utilitarian, in a broad sense of the term: it would be urged
that if any exceptions to the rule prohibiting suicide were
allowed, dangerous encouragement would be given to the
suicidal impulse in other cases in which suicide would really
be a weak and cowardly dereliction of social duty: it would
also probably be urged that the toleration of suicide would
facilitate secret murders. In short, the independent axiom
of which we are in search seems to disappear on close examination
in this case no less than in others.
So again, reflection seems to show that the duties of Temperance,
Self-control, and other cognate virtues, are only clear
and definite in so far as they are conceived as subordinate
either to Prudence (as is ordinarily the case), or to Benevolence
or some definite rule of social duty, or at least to some end—such
as ‘furtherance of moral progress’[268]—of which the conception
involves the notion of duty supposed to be already
determinate. Certainly the authority of Common Sense cannot
be fairly claimed for any restriction even of the bodily appetites
for food and drink, that is not thus subordinated.
In the case, however, of the sexual appetite, a special
regulation seems to be prescribed on some independent
principle under the notion of Purity or Chastity. In chap. ix.
of this Book, where we examined this notion, it appeared that
Common Sense is not only not explicit, but actually averse to
explicitness, on this subject. As my aim in the preceding chapters
was to give, above all things, a faithful exposition of the
morality of Common Sense, I allowed my inquiry to be checked
by this (as it seemed) clearly recognisable sentiment. But when
it becomes our primary object to test the intuitive evidence
of the moral principles commonly accepted, it seems necessary
to override this aversion: for we can hardly ascertain whether
rational conviction is attainable as to the acts allowed and
forbidden under this notion and its opposite, without subjecting
it to the same close scrutiny that we have endeavoured to give
to the other leading notions of Ethics. Here the briefest
account of such a scrutiny will be sufficient. I am aware
that in giving even this I cannot but cause a certain offence
to minds trained in good moral habits: but I trust I may
claim the same indulgence as is commonly granted to the
physiologist, who also has to direct the student’s attention
to objects which a healthy mind is naturally disinclined to
contemplate.
§ 8. What, then, is the conduct which Purity forbids (for
the principle is more easily discussed in its negative aspect)?
As the normal and obvious end of sexual intercourse is the propagation
of the species, some have thought that all indulgence
of appetite, except as a means to this end, should be prohibited.
But this doctrine would lead to a restriction of conjugal intercourse
far too severe for Common Sense. Shall we say, then,
that Purity forbids such indulgence except under the conditions
of conjugal union defined by Law? But this answer, again,
further reflection shows to be unsatisfactory. For, first, we
should not, on consideration, call a conjugal union impure,
merely because the parties had wilfully omitted to fulfil legal
conditions, and had made a contract which the law declined to
enforce. We might condemn their conduct, but we should not
apply to it this notion. And, secondly, we feel that positive law
may be unfavourable to Purity, and that in fact Purity, like
Justice, is something which the law ought to maintain, but does
not always. We have to ask, then, what kind of sexual relations
we are to call essentially impure, whether countenanced or not
by Law and Custom? There appear to be no distinct principles,
having any claim to self-evidence, upon which the question can
be answered so as to command general assent. It would be
difficult even to state such a principle for determining the
degree of consanguinity between husband and wife which constitutes
a union incestuous; although the aversion with which
such unions are commonly regarded is a peculiarly intense moral
sentiment; and the difficulty becomes indefinitely greater when
we consider the rationale of prohibited degrees of affinity.
Again, probably few would stigmatise a legal polygynous connexion
as impure, however they might disapprove of the law
and of the state of society in which such a law was established:
but if legal Polygyny is not impure, is Polyandry, when legal
and customary—as is not unfrequently the case among the
lower races of man—to be so characterised? and if not, on what
rational principle can the notion be applied to institutions and
conduct? Again, where divorce by mutual consent, with subsequent
marriage, is legalised, we do not call this an offence
against Purity: and yet if the principle of free change be once
admitted, it seems paradoxical to distinguish purity from impurity
merely by less rapidity of transition;[269] and to condemn as
impure even ‘Free Love,’ in so far as it is earnestly advocated
as a means to a completer harmony of sentiment between men
and women, and not to mere sensual license.
Shall we, then, fall back upon the presence of mutual affection
(as distinguished from mere appetite) as constituting the
essence of pure sexual relations? But this, again, while too lax
from one point of view, seems from another too severe for Common
Sense: as we do not condemn marriages without affection
as impure, although we disapprove of them as productive of
unhappiness. Such marriages, indeed, are sometimes stigmatised
as “legalised prostitution,” but the phrase is felt to be
extravagant and paradoxical; and it is even doubtful whether
we do disapprove of them under all circumstances; as (e.g.) in
the case of royal alliances.
Again, how shall we judge of such institutions as those
of Plato’s Commonwealth, establishing community of women
and children, but at the same time regulating sexual indulgence
with the strictest reference to social ends? Our habitual
standards seem inapplicable to such novel circumstances.
The truth seems to be, that reflection on the current sexual
morality discovers to us two distinct grounds for it: first and
chiefly, the maintenance of a certain social order, believed to be
most conducive to the prosperous continuance of the human race:
and, secondly, the protection of habits of feeling in individuals
believed to be generally most important to their perfection
or their happiness. We commonly conceive that both these
ends are to be attained by the same regulations: and in an
ideal state of society this would perhaps be the case: but in
actual life there is frequently a partial separation and incompatibility
between them. But further, if the repression of
sexual license is prescribed merely as a means to these ends,
it does not seem that we can affirm as self-evident that it is
always a necessary means in either case: on the contrary, it
seems clear that such an affirmation would be unreliable apart
from empirical confirmation. We cannot reasonably be sure,
without induction from sociological observations, that a certain
amount of sexual license will be incompatible with the
maintenance of population in sufficient numbers and good
condition. And if we consider the matter in its relation to
the individual’s perfection, it is certainly clear that he misses
the highest and best development of his emotional nature, if his
sexual relations are of a merely sensual kind: but we can hardly
know a priori that this lower kind of relation interferes with
the development of the higher (nor indeed does experience seem
to show that this is universally the case). And this latter line
of argument has a further difficulty. For the common opinion
that we have to justify does not merely condemn the lower
kind of development in comparison with the higher, but in
comparison with none at all. Since we do not positively blame
a man for remaining celibate (though we perhaps despise
him somewhat unless the celibacy is adopted as a means to a
noble end): it is difficult to show why we should condemn—in
its bearing on the individual’s emotional perfection
solely—the imperfect development afforded by merely sensual
relations.
§ 9. Much more might be said to exhibit the perplexities
in which the attempt to define the rule of Purity or Chastity
involves us. But I do not desire to extend the discussion
beyond what is necessary for the completion of my argument.
It seems to me that the conclusion announced in § 2 of this
chapter has now been sufficiently justified. We have examined
the moral notions that present themselves with a prima facie
claim to furnish independent and self-evident rules of morality:
and we have in each case found that from such regulation
of conduct as the Common Sense of mankind really supports,
no proposition can be elicited which, when fairly contemplated,
even appears to have the characteristic of a scientific axiom.
It is therefore scarcely needful to proceed to a systematic
examination of the manner in which Common Sense provides
for the co-ordination of these principles. In fact, this question
seems to have been already discussed as far as is profitable: for
the attempt to define each principle singly has inevitably led
us to consider their mutual relations: and it was in the cases
where two moral principles came into collision that we most
clearly saw the vagueness and inconsistency with which the
boundaries of each are determined by Common Sense. For
example, the distinction between perfectly stringent moral
obligations, and such laxer duties as may be modified by a
man’s own act, is often taken: and it is one which, as we saw,
is certainly required in formulating the Common-Sense view of
the effect of a promise in creating new obligations: but it is
one which we cannot apply with any practical precision, because
of the high degree of indeterminateness which we find in the
common notions of duties to which the highest degree of stringency
is yet commonly attributed.
It only remains to guard my argument from being understood
in a more sweeping sense than it has been intended or is
properly able to bear. Nothing that I have said even tends
to show that we have not distinct moral impulses, claiming
authority over all others, and prescribing or forbidding kinds of
conduct as to which there is a rough general agreement, at least
among educated persons of the same age and country. It is
only maintained that the objects of these impulses do not admit
of being scientifically determined by any reflective analysis of
common sense. The notions of Benevolence, Justice, Good
Faith, Veracity, Purity, etc., are not necessarily emptied of
significance for us, because we have found it impossible to define
them with precision. The main part of the conduct prescribed
under each notion is sufficiently clear: and the general rule
prescribing it does not necessarily lose its force because there
is in each case a margin of conduct involved in obscurity and
perplexity, or because the rule does not on examination appear
to be absolute and independent. In short, the Morality of
Common Sense may still be perfectly adequate to give practical
guidance to common people in common circumstances: but the
attempt to elevate it into a system of Intuitional Ethics brings
its inevitable imperfections into prominence without helping us
to remove them.[270]
§ 1. In the first chapter of this third Book I was careful
to point out that motives, as well as intentions, form part of
the subject-matter of our common moral judgments: and indeed
in our notion of ‘conscientiousness’ the habit of reflecting on
motives, and judging them to be good or bad, is a prominent
element. It is necessary, therefore, in order to complete our
examination of the Intuitional Method, to consider this comparison
of motives, and ascertain how far it can be made
systematic, and pursued to conclusions of scientific value.
And this seems a convenient place for treating of this part
of the subject: since it has been maintained by an important
school of English moralists that Desires and Affections rather
than Acts are the proper subjects of the ethical judgment:
and it is natural to fall back upon this view when systematic
reflection on the morality of Common Sense has shown us the
difficulty of obtaining a precise and satisfactory determination
of rightness and wrongness in external conduct.
To avoid confusion, it should be observed that the term
‘motive’ is commonly used in two ways. It is sometimes
applied to those among the foreseen consequences of any act
which the agent desired in willing: and sometimes to the
desire, or conscious impulse itself. The two meanings are in a
manner correspondent, as, where impulses are different, there
must always be some sort of difference in their respective
objects. But for our present purpose it is more convenient to
take the latter meaning: as it is our own impulsive nature
that we have practically to deal with, in the way of controlling,
resisting, indulging the different impulses; and therefore
it is the ethical value of these that we are primarily concerned
to estimate: and we often find that two impulses, which would
be placed very far apart in any psychological list, are directed
towards an end materially identical, though regarded from a
different point of view in each case. As (e.g.) both appetite
and Rational self-love may impel a man to seek a particular
sensual gratification; though in the latter case it is regarded
under the general notion of pleasure, and as forming part of a
sum called Happiness. In this chapter, then, I shall use the
term Motive to denote the desires of particular results, believed
to be attainable as consequences of our voluntary acts, by which
desires we are stimulated to will those acts.[271]
The first point to notice in considering the ethical result
of a comprehensive comparison of motives is, that the issue
in any internal conflict is not usually thought to be between
positively good and bad, but between better and less good,
more or less estimable or elevated motives. The only kind of
motive which (if any) we commonly judge to be intrinsically
bad, apart from the circumstances under which it operates, is
malevolent affection; that is, the desire, however aroused, to
inflict pain or harm on some other sentient being. And reflection
shows (as we saw in chap. viii. of this Book) that Common
Sense does not pronounce even this kind of impulse absolutely
bad: since we commonly recognise the existence of ‘legitimate
resentment’ and ‘righteous indignation’; and though moralists
try to distinguish between anger directed ‘against the act’ and
‘against the agent,’ and between the impulse to inflict pain and
the desire of the antipathetic pleasure that the agent will reap
from this infliction, it may be fairly doubted whether it is
within the capacity of ordinary human nature to maintain
these distinctions in practice. At any rate there is no other
motive except deliberate malevolence which Common Sense
condemns as absolutely bad. The other motives that are
commonly spoken of in ‘dyslogistic’ terms seem to be most
properly called (in Bentham’s language) ‘Seductive’ rather
than bad. That is, they prompt to forbidden conduct with
conspicuous force and frequency: but when we consider them
carefully we find that there are certain limits, however narrow,
within which their operation is legitimate.
The question, then, is how far the intuitive knowledge
that our common judgments seem to imply of the relative
goodness of different kinds of motives is found on reflection
to satisfy the conditions laid down in the preceding chapter.
I have before[272] argued that it is incorrect to regard this
comparison of motives as the normal form of our common
moral judgments, nor do I see any ground for holding it to be
the original form. I think that in the normal development
of man’s moral consciousness, both in the individual and in
the race, moral judgments are first passed on outward acts,
and that motives do not come to be definitely considered till
later; just as external perception of physical objects precedes
introspection. At the same time, in my view, it does not
therefore follow that the comparison of motives is not the
final and most perfect form of the moral judgment. It might
approve itself as such by the systematic clearness and mutual
consistency of the results to which it led, when pursued by
different thinkers independently: and by its freedom from the
puzzles and difficulties to which other developments of the
Intuitional Method seem to be exposed.
It appears, however, on examination that, on the one
hand, many (if not all) of the difficulties which have emerged
in the preceding discussion of the commonly received principles
of conduct are reproduced in a different form when we try to
arrange Motives in order of excellence: and on the other hand,
such a construction presents difficulties peculiar to itself, and
the attempt to solve these exhibits greater and more fundamental
differences among Intuitive moralists, as regards Rank
of Motive, than we found to exist as regards Rightness of
outward acts.
§ 2. In the first place, it has to be decided whether we
are to include in our list of motives the Moral Sentiments, or
impulses towards particular kinds of virtuous conduct as such,
e.g. Candour, Veracity, Fortitude. It seems unwarrantable to
exclude them, as such sentiments are observable as distinct
and independent impulses in most well-trained minds, and we
sometimes recognise their existence in considerable intensity,
as when we speak of a man being ‘enthusiastically brave,’ or
‘intensely veracious,’ or as ‘having a passion for justice.’ At
the same time their admission places us in the following
dilemma. Either the objects of these impulses are represented
by the very notions that we have been examining—in which
case, after we have decided that any impulse is better than
its rival, all the perplexities set forth in the previous chapters
will recur, before we can act on our decision; for what avails
it to recognise the superiority of the impulse to do justice,
if we do not know what it is just to do?—or if in any case
the object which a moral sentiment prompts us to realise is
conceived more simply, without the qualifications which a
complete reflection on Common Sense forced us to recognise;
then, as the previous investigation shows, we shall certainly
not find agreement as to the relation between this and other
impulses. For example, a dispute, whether the impulse to
speak the truth ought or ought not to be followed, will
inevitably arise when Veracity seems opposed either to the
general good, or to the interests of some particular person;
that is, when it conflicts with ‘particular’ or ‘universal’
benevolence. Hutcheson expressly places these latter impulses
in a higher rank than “candour, veracity, fortitude”; reserving
the highest moral approbation for “the most extensive
benevolence” or “calm, stable, universal goodwill to all.”[273]
But this view, which coincides practically with Utilitarianism,
would certainly be disputed by most Intuitional moralists.
Again, some of these moralists (as Kant) regard all actions
as bad—or not good—which are not done from pure regard
for duty or choice of Right as Right: while Hutcheson, who
represents the opposite pole of Intuitional Ethics, equally
distinguishes the love of Virtue as a separate impulse; but
treats it as at once co-ordinate in rank and coincident in its
effects with universal Benevolence.
So, again, moralists diverge widely in estimating the
ethical value of Self-love. For Butler seems to regard it
as one of two superior and naturally authoritative impulses,
the other being Conscience: nay, in a passage before quoted,
he even concedes that it would be reasonable for Conscience
to yield to it, if the two could possibly conflict. Other
moralists (and Butler elsewhere)[274] appear to place Self-love
among virtuous impulses under the name of Prudence:
though among these they often rank it rather low, and would
have it yield in case of conflict, to nobler virtues. Others,
again, exclude it from Virtue altogether: e.g. Kant, in one
of his treatises,[275] says that the end of Self-love, one’s own
happiness, cannot be an end for the Moral Reason; that the
force of the reasonable will, in which Virtue consists, is
always exhibited in resistance to natural egoistic impulses.
Dr. Martineau, whose system is framed on the basis that
I am now examining, attempts to avoid some of the difficulties
just pointed out by refusing to admit the existence of any
virtuous impulses except the “preference for the superior of
the competing springs of action in each case” of a conflict
of motives. “I cannot admit,” he says, “either the loves
of Virtues—of candour, veracity, fortitude—or the virtues
themselves, as so many additional impulses over and above
those from the conflict of which they are formed. I do not
confess my fault in order to be candid ... unless I am a
prig, I never think of candour, as predicable, or going to be
predicable, of me at all.”[276] I am not, however, sure whether
Dr. Martineau really means to deny the existence of persons
who act from a conscious desire to realise an ideal of Candour
or Fortitude, or whether he merely means to express disapproval
of such persons: in the former sense his statement
seems to me a psychological paradox, in conflict with ordinary
experience: in the latter sense it seems an ethical paradox,
affording a striking example of that diversity of judgments as
to the rank of motives, to which I am now drawing attention.
§ 3. But even if we put out of sight the Moral sentiments
and Self-love, it is still scarcely possible to frame a
scale of motives arranged in order of merit, for which we
could claim anything like a clear consent, even of cultivated
and thoughtful persons. On one or two points, indeed,
we seem to be generally agreed; e.g. that the bodily
appetites are inferior to the benevolent affections and the
intellectual desires; and perhaps that impulses tending
primarily to the well-being of the individual are lower in
rank than those which we class as extra-regarding or
disinterested. But beyond a few vague statements of this
kind, it is very difficult to proceed. For example, when we
compare personal affections with the love of knowledge or
of beauty, or the passion for the ideal in any form, much
doubt and divergence of opinion become manifest. Indeed,
we should hardly agree on the relative rank of the benevolent
affections taken by themselves; for some would prefer the
more intense, though narrower, while others would place the
calmer and wider feelings in the highest rank. Or again,
since Love, as we saw,[277] is a complex emotion, and commonly
includes, besides the desire of the good or happiness of the
beloved, a desire for union or intimacy of some kind; some
would consider an affection more elevated in proportion as
the former element predominated, while others would regard
the latter as at least equally essential to the highest kind
of affection.
Again, we may notice the love of Fame as an important
and widely operative motive, which would be ranked very
differently by different persons: for some would place the
former “spur that the clear spirit doth raise” among the
most elevated impulses after the moral sentiments; while
others think it degrading to depend for one’s happiness on
the breath of popular favour.
Further, the more we contemplate the actual promptings
that precede any volition, the more we seem to find complexity
of motive the rule rather than the exception, at least
in the case of educated persons: and from this composition
of impulses there results a fundamental perplexity as to the
principles on which our decision is to be made, even supposing
that we have a clear view of the relative worth of the
elementary impulses. For the compound will generally
contain nobler and baser elements, and we can hardly get
rid of the latter; since—as I have before said—though we
may frequently suppress and expel a motive by firmly
resisting it, it does not seem possible to exclude it if we
do the act to which it prompts. Suppose, then, that we are
impelled in one direction by a combination of high and low
motives, and in another by an impulse that ranks between
the two in the scale, how shall we decide which course to
follow? Such a case is by no means uncommon: e.g. an
injured man may be moved by an impulse of pity to spare
his injurer, while a regard for justice and a desire of revenge
combined impel him to inflict punishment. Or, again, a
Jew of liberal views might be restrained from eating pork
by a desire not to shock the feelings of his friends, and might
be moved to eat it by the desire to vindicate true religious
liberty combined with a liking for pork. How are we to deal
with such a case as this? For it will hardly be suggested that
we should estimate the relative proportions of the different
motives and decide accordingly;—qualitative analysis of our
motives is to some extent possible to us, but the quantitative
analysis that this would require is not in our power.
But even apart from this difficulty arising from complexity
of motives, I think it impossible to assign a definite and constant
ethical value to each different kind of motive, without
reference to the particular circumstances under which it has
arisen, the extent of indulgence that it demands, and the consequences
to which this indulgence would lead in any particular
case. I may conveniently illustrate this by reference to the
table, drawn up by Dr. Martineau,[278] of springs of action arranged
in order of merit.
LOWEST.
- 1. Secondary Passions:—Censoriousness, Vindictiveness, Suspiciousness.
- 2. Secondary Organic Propensions:—Love of Ease and Sensual Pleasure.
- 3. Primary Organic Propensions:—Appetites.
- 4. Primary Animal Propension:—Spontaneous Activity (unselective).
- 5. Love of Gain (reflective derivative from Appetite).
- 6. Secondary Affections (sentimental indulgence of sympathetic feelings).
- 7. Primary Passions:—Antipathy, Fear, Resentment.
- 8. Causal energy:—Love of Power, or Ambition; Love of Liberty.
- 9. Secondary Sentiments:—Love of Culture.
- 10. Primary Sentiments of Wonder and Admiration.
- 11. Primary Affections, Parental and Social; with (approximately) Generosity and Gratitude.
- 12. Primary Affection of Compassion.
- 13. Primary Sentiment of Reverence.
HIGHEST.
This scale seems to me open to much criticism, both from
a psychological and from an ethical point of view:[279] but,
granting that it corresponds broadly to the judgments that
men commonly pass as to the different elevation of different
motives, it seems to me in the highest degree paradoxical to
lay down that each class of motives is always to be preferred
to the class below it, without regard to circumstances and
consequences. So far as it is true that “the conscience says
to every one, ‘Do not eat till you are hungry and stop when
you are hungry no more,’” it is not, I venture to think,
because a “regulative right is clearly vested in primary
instinctive needs, relatively to their secondaries,” but because
experience has shown that to seek the gratification of the
palate apart from the satisfaction of hunger is generally
dangerous to physical well-being; and it is in view of this
danger that the conscience operates. If we condemn “a ship
captain,” who, “caught in a fog off a lee shore, neglects,
through indolence and love of ease, to slacken speed and take
cautious soundings and open his steam-whistle,” it is not
because we intuitively discern Fear to be a higher motive
than Love of Ease, but because the consequences disregarded are
judged to be indefinitely more important than the gratification
obtained: if we took a case in which fear was not similarly
sustained by prudence, our judgment would certainly be different.
The view of Common Sense appears rather to be that most
natural impulses have their proper spheres, within which they
should be normally operative, and therefore the question
whether in any case a higher motive should yield to a lower
one cannot be answered decisively in the general way in
which Dr. Martineau answers it: the answer must depend
on the particular conditions and circumstances of the conflict.
We recognise it as possible that a motive which we commonly
rank as higher may wrongly intrude into the proper sphere
of one which we rank as lower, just as the lower is liable to
encroach on the higher; only since there is very much less
danger of the former intrusion, it naturally falls into the
background in ethical discussions and exhortations that have
a practical aim. The matter is complicated by the further
consideration that as the character of a moral agent becomes
better, the motives that we rank as “higher” tend to be
developed, so that their normal sphere of operation is enlarged
at the expense of the lower. Hence there are two distinct
aims in moral regulation and culture, so far as they relate
to motives: (1) to keep the “lower” motive within the limits
within which its operation is considered to be legitimate and
good on the whole, so long as we cannot substitute for it the
equally effective operation of a higher motive; and at the
same time (2) to effect this substitution of “higher” for
“lower” gradually, as far as can be done without danger,—up
to a limit which we cannot definitely fix, but which we
certainly conceive, for the most part, as falling short of complete
exclusion of the lower motive.
I may illustrate by reference to the passion of resentment
of which I before spoke. The view of reflective common sense
is, I think, that the malevolent impulse so designated, as long
as it is strictly limited to resentment against wrong and
operates in aid of justice, has a legitimate sphere of action
in the social life of human beings as actually constituted: that,
indeed, its suppression would be gravely mischievous, unless
we could at the same time intensify the ordinary man’s regard
for justice or for social well-being so that the total strength
of motives prompting to the punishment of crime should not
be diminished. It is, no doubt, “to be wished,” as Butler
says, that men would repress wrong from these higher motives
rather than from passionate resentment; but we cannot hope
to effect this change in human beings generally except by a
slow and gradual process of elevation of character: therefore
supposing a conflict between “Compassion,” which is highest
but one in Dr. Martineau’s scale, and “Resentment,” which he
places about the middle, it is by no means to be laid down
as a general rule that compassion ought to prevail. We
ought rather—with Butler—to regard resentment as a
salutary “balance to the weakness of pity,” which would
be liable to prevent the execution of justice if resentment
were excluded.
Or we might similarly take the impulse which comes
lowest (among those not condemned altogether) in Dr. Martineau’s
scale—the “Love of Ease and Sensual Pleasure.” No
doubt this impulse, or group of impulses, is continually leading
men to shirk or scamp their strict duty, or to fall in some
less definite way below their own ideal of conduct; hence the
attitude habitually maintained towards it by preachers and
practical moralists is that of repression. Still, common sense
surely recognises that there are cases in which even this
impulse ought to prevail over impulses ranked above it in
Dr. Martineau’s scale; we often find men prompted—say by
“love of gain”—to shorten unduly their hours of recreation;
and in the case of a conflict of motives under such circumstances
we should judge it best that victory should remain on
the side of the “love of ease and pleasure,” and that the encroachment
of “love of gain” should be repelled.
I do not, however, think that in either of these instances
the conflict of motives would remain such as I have just
described: I think that though the struggle might begin as a
duel between resentment and compassion, or between love of
ease and love of gain, it would not be fought out in the lists
so drawn; since higher motives would inevitably be called in
as the conflict went on, regard for justice and social well-being
on the side of resentment, regard for health and ultimate
efficiency for work on the side of love of ease; and it would
be the intervention of these higher motives that would decide
the struggle, so far as it was decided rightly and as we should
approve. This certainly is what would happen in my own
case, if the supposed conflict were at all serious and its decision
deliberate; and this constitutes my final reason for
holding that such a scale as Dr. Martineau has drawn up, of
motives arranged according to their moral rank, can never
have more than a very subordinate ethical importance. I
admit that it may serve to indicate in a rough and general
way the kinds of desires which it is ordinarily best to encourage
and indulge, in comparison with other kinds which
are ordinarily likely to compete and collide with them; and
we might thus settle summarily some of the comparatively
trifling conflicts of motive which the varying and complex
play of needs, habits, interests, and their accompanying emotions,
continually stirs in our daily life. But if a serious
question of conduct is raised, I cannot conceive myself deciding
it morally by any comparison of motives below the highest:
it seems to me that the question must inevitably be carried
up for decision into the court of whatever motive we regard
as supremely regulative: so that the comparison ultimately
decisive would be not between the lower motives primarily
conflicting, but between the effects of the different lines of
conduct to which these lower motives respectively prompt,
considered in relation to whatever we regard as the ultimate
end or ends of reasonable action. And this, I conceive, will
be the course naturally taken by the moral reflection not only
of utilitarians, but of all who follow Butler in regarding our
passions and propensions as forming naturally a “system or
constitution,” in which the ends of lower impulses are subordinate
as means to the ends of certain governing motives, or
are comprehended as parts in these larger ends.
§ 1. Is there, then, no possibility of attaining, by a more
profound and discriminating examination of our common
moral thought, to real ethical axioms—intuitive propositions
of real clearness and certainty?
This question leads us to the examination of that third
phase of the intuitive method, which was called Philosophical
Intuitionism.[280] For we conceive it as the aim of a philosopher,
as such, to do somewhat more than define and formulate the
common moral opinions of mankind. His function is to tell
men what they ought to think, rather than what they do
think: he is expected to transcend Common Sense in his
premises, and is allowed a certain divergence from Common
Sense in his conclusions. It is true that the limits of this
deviation are firmly, though indefinitely, fixed: the truth of
a philosopher’s premises will always be tested by the acceptability
of his conclusions: if in any important point he be
found in flagrant conflict with common opinion, his method is
likely to be declared invalid. Still, though he is expected to
establish and concatenate at least the main part of the
commonly accepted moral rules, he is not necessarily bound
to take them as the basis on which his own system is constructed.
Rather, we should expect that the history of Moral
Philosophy—so far at least as those whom we may call
orthodox thinkers are concerned—would be a history of
attempts to enunciate, in full breadth and clearness, those
primary intuitions of Reason, by the scientific application of
which the common moral thought of mankind may be at once
systematised and corrected.
And this is to some extent the case. But Moral
Philosophy, or philosophy as applied to Morality, has had
other tasks to occupy it, even more profoundly difficult than
that of penetrating to the fundamental principles of Duty.
In modern times especially, it has admitted the necessity of
demonstrating the harmony of Duty with Interest; that is,
with the Happiness or Welfare of the agent on whom the
duty in each case is imposed. It has also undertaken to
determine the relation of Right or Good generally to the
world of actual existence: a task which could hardly be
satisfactorily accomplished without an adequate explanation
of the existence of Evil. It has further been distracted by
questions which, in my view, are of psychological rather than
ethical importance, as to the ‘innateness’ of our notions of
Duty, and the origin of the faculty that furnishes them.
With their attention concentrated on these difficult subjects,
each of which has been mixed up in various ways with the
discussion of fundamental moral intuitions, philosophers have
too easily been led to satisfy themselves with ethical formulæ
which implicitly accept the morality of Common Sense en bloc,
ignoring its defects; and merely express a certain view of the
relation of this morality to the individual mind or to the
universe of actual existence. Perhaps also they have been
hampered by the fear (not, as we have seen, unfounded) of
losing the support given by ‘general assent’ if they set before
themselves and their readers too rigid a standard of scientific
precision. Still, in spite of all these drawbacks, we find that
philosophers have provided us with a considerable number of
comprehensive moral propositions, put forward as certain and
self-evident, and such as at first sight may seem well adapted
to serve as the first principles of scientific morality.
§ 2. But here a word of caution seems required, which
has been somewhat anticipated in earlier chapters, but on
which it is particularly needful to lay stress at this point of
our discussion: against a certain class of sham-axioms, which
are very apt to offer themselves to the mind that is earnestly
seeking for a philosophical synthesis of practical rules, and
to delude the unwary with a tempting aspect of clear self-evidence.
These are principles which appear certain and
self-evident because they are substantially tautological: because,
when examined, they are found to affirm no more than
that it is right to do that which is—in a certain department
of life, under certain circumstances and conditions—right to
be done. One important lesson which the history of moral
philosophy teaches is that, in this region, even powerful
intellects are liable to acquiesce in tautologies of this kind;
sometimes expanded into circular reasonings, sometimes hidden
in the recesses of an obscure notion, often lying so near the
surface that, when once they have been exposed, it is hard to
understand how they could ever have presented themselves as
important.
Let us turn, for illustration’s sake, to the time-honoured
Cardinal Virtues. If we are told that the dictates of Wisdom
and Temperance may be summed up in clear and certain
principles, and that these are respectively,
(1) It is right to act rationally,
(2) It is right that the Lower parts of our nature should
be governed by the Higher,
we do not at first feel that we are not obtaining valuable
information. But when we find (cf. ante, chap. xi. § 3) that
“acting rationally” is merely another phrase for “doing what
we see to be right,” and, again, that the “higher part” of our
nature to which the rest are to submit is explained to be
Reason, so that “acting temperately” is only “acting rationally”
under the condition of special non-rational impulses
needing to be resisted, the tautology of our “principles” is
obvious. Similarly when we are asked to accept as the
principle of Justice “that we ought to give every man his
own,” the definition seems plausible—until it appears that we
cannot define “his own” except as equivalent to “that which
it is right he should have.”
The definitions quoted may be found in modern writers:
but it seems worthy of remark that throughout the ethical
speculation of Greece,[281] such universal affirmations as are
presented to us concerning Virtue or Good conduct seem
almost always to be propositions which can only be defended
from the charge of tautology, if they are understood as definitions
of the problem to be solved, and not as attempts at its
solution. For example, Plato and Aristotle appear to offer as
constructive moralists the scientific knowledge on ethical
matters of which Socrates proclaimed the absence; knowledge,
that is, of the Good and Bad in human life. And they seem
to be agreed that such Good as can be realised in the concrete
life of men and communities is chiefly Virtue,—or (as Aristotle
more precisely puts it) the exercise of Virtue: so that the
practical part of ethical science must consist mainly in the
knowledge of Virtue. If, however, we ask how we are to
ascertain the kind of conduct which is properly to be called
Virtuous, it does not seem that Plato can tell us more of each
virtue in turn than that it consists in (1) the knowledge of
what is Good in certain circumstances and relations, and (2)
such a harmony of the different elements of man’s appetitive
nature, that their resultant impulse may be always in accordance
with this knowledge. But it is just this knowledge (or
at least its principles and method) that we are expecting him
to give us: and to explain to us instead the different exigencies
under which we need it, in no way satisfies our expectation.
Nor, again, does Aristotle bring us much nearer such knowledge
by telling us that the Good in conduct is to be found
somewhere between different kinds of Bad. This at best only
indicates the whereabouts of Virtue: it does not give us a
method for finding it.
On the Stoic system,[282] as constructed by Zeno and
Chrysippus, it is perhaps unfair to pronounce decisively,
from the accounts given of it by adversaries like Plutarch,
and such semi-intelligent expositors as Cicero, Diogenes
Laertius, and Stobæus. But, as far as we can judge of it,
we must pronounce the exposition of its general principles a
complicated enchainment of circular reasonings, by which the
inquirer is continually deluded with an apparent approach to
practical conclusions, and continually led back to the point
from which he set out.
The most characteristic formula of Stoicism seems to have
been that declaring ‘Life according to Nature’ to be the
ultimate end of action. The spring of the motion that
sustained this life was in the vegetable creation a mere unfelt
impulse: in animals it was impulse accompanied with sensation:
in man it was the direction of Reason, which in him
was naturally supreme over all merely blind irrational
impulses. What then does Reason direct? ‘To live according
to Nature’ is one answer: and thus we get the circular
exposition of ethical doctrine in its simplest form. Sometimes,
however, we are told that it is ‘Life according to
Virtue’: which leads us into the circle already noticed in
the Platonic-Aristotelian philosophy; as Virtue, by the Stoics
also, is only defined as knowledge of Good and Bad in different
circumstances and relations. Indeed, this latter circle is
given by the Stoics more neatly and perfectly: for with
Plato and Aristotle Virtue was not the sole, but only the chief
content of the notion Good, in its application to human life:
but in the view of Stoicism the two notions are absolutely
coincident. The result, then, is that Virtue is knowledge of
what is good and ought to be sought or chosen, and of what
is bad and ought to be shunned or rejected: while at the
same time there is nothing good or properly choice-worthy,
nothing bad or truly formidable, except Virtue and Vice
respectively. But if Virtue is thus declared to be a science
that has no object except itself, the notion is inevitably
emptied of all practical content. In order, therefore, to avoid
this result and to reconcile their system with common sense,
the Stoics explained that there were other things in human
life which were in a manner preferable, though not strictly
good, including in this class the primary objects of men’s
normal impulses. On what principle then are we to select
these objects when our impulses are conflicting or ambiguous?
If we can get an answer to this question, we shall at length
have come to something practical. But here again the Stoic
could find no other general answer except either that we were
to choose what was Reasonable, or that we were to act in
accordance with Nature: each of which answers obviously
brings us back into the original circle at a different point.[283]
In Butler’s use of the Stoic formula, this circular reasoning
seems to be avoided: but it is so only so long as the intrinsic
reasonableness of right conduct is ignored or suppressed. Butler
assumes with his opponents that it is reasonable to live according
to Nature, and argues that Conscience or the faculty that
imposes moral rules is naturally supreme in man. It is therefore
reasonable to obey Conscience. But are the rules that
Conscience lays down merely known to us as the dictates of
arbitrary authority, and not as in themselves reasonable? This
would give a surely dangerous absoluteness of authority to the
possibly unenlightened conscience of any individual: and
Butler is much too cautious to do this: in fact, in more than
one passage of the Analogy[284] he expressly adopts the doctrine
of Clarke, that the true rules of morality are essentially reasonable.
But if Conscience is, after all, Reason applied to Practice,
then Butler’s argument seems to bend itself into the old circle:
‘it is reasonable to live according to Nature, and it is natural
to live according to Reason.’
In the next chapter I shall have to call attention to
another logical circle into which we are liable to slide, if we
refer to the Good or Perfection, whether of the agent or of
others, in giving an account of any special virtue; if we allow
ourselves, in explaining Good or Perfection, to use the general
notion of virtue (which is commonly regarded as an important
element of either). Meanwhile I have already given, perhaps,
more than sufficient illustration of one of the most important
dangers that beset the students of Ethics. In the laudable
attempt to escape from the doubtfulness, disputableness, and
apparent arbitrariness of current moral opinions, he is liable
to take refuge in principles that are incontrovertible but
tautological and insignificant.
§ 3. Can we then, between this Scylla and Charybdis of
ethical inquiry, avoiding on the one hand doctrines that merely
bring us back to common opinion with all its imperfections,
and on the other hand doctrines that lead us round in a circle,
find any way of obtaining self-evident moral principles of real
significance? It would be disheartening to have to regard as
altogether illusory the strong instinct of Common Sense that
points to the existence of such principles, and the deliberate
convictions of the long line of moralists who have enunciated
them. At the same time, the more we extend our knowledge
of man and his environment, the more we realise the vast
variety of human natures and circumstances that have existed
in different ages and countries, the less disposed we are to
believe that there is any definite code of absolute rules, applicable
to all human beings without exception. And we shall
find, I think, that the truth lies between these two conclusions.
There are certain absolute practical principles, the truth of
which, when they are explicitly stated, is manifest; but they
are of too abstract a nature, and too universal in their scope,
to enable us to ascertain by immediate application of them
what we ought to do in any particular case; particular duties
have still to be determined by some other method.
One such principle was given in chap. i. § 3 of this Book;
where I pointed out that whatever action any of us judges to
be right for himself, he implicitly judges to be right for all
similar persons in similar circumstances. Or, as we may otherwise
put it, ‘if a kind of conduct that is right (or wrong) for
me is not right (or wrong) for some one else, it must be on the
ground of some difference between the two cases, other than
the fact that I and he are different persons.’ A corresponding
proposition may be stated with equal truth in respect of what
ought to be done to—not by—different individuals. These
principles have been most widely recognised, not in their most
abstract and universal form, but in their special application to
the situation of two (or more) individuals similarly related to
each other: as so applied, they appear in what is popularly
known as the Golden Rule, ‘Do to others as you would have
them do to you.’ This formula is obviously unprecise in statement;
for one might wish for another’s co-operation in sin,
and be willing to reciprocate it. Nor is it even true to say
that we ought to do to others only what we think it right
for them to do to us; for no one will deny that there may be
differences in the circumstances—and even in the natures—of
two individuals, A and B, which would make it wrong for
A to treat B in the way in which it is right for B to treat A.
In short the self-evident principle strictly stated must take
some such negative form as this; ‘it cannot be right for A to
treat B in a manner in which it would be wrong for B to
treat A, merely on the ground that they are two different
individuals, and without there being any difference between
the natures or circumstances of the two which can be stated as
a reasonable ground for difference of treatment.’ Such a principle
manifestly does not give complete guidance—indeed its
effect, strictly speaking, is merely to throw a definite onus probandi
on the man who applies to another a treatment of which
he would complain if applied to himself; but Common Sense
has amply recognised the practical importance of the maxim:
and its truth, so far as it goes, appears to me self-evident.
A somewhat different application of the same fundamental
principle that individuals in similar conditions should be
treated similarly finds its sphere in the ordinary administration
of Law, or (as we say) of ‘Justice.’ Accordingly in § 1
of chap. v. of this Book I drew attention to ‘impartiality in the
application of general rules,’ as an important element in the
common notion of Justice; indeed, there ultimately appeared
to be no other element which could be intuitively known with
perfect clearness and certainty. Here again it must be plain
that this precept of impartiality is insufficient for the complete
determination of just conduct, as it does not help us to decide
what kind of rules should be thus impartially applied; though
all admit the importance of excluding from government, and
human conduct generally, all conscious partiality and ‘respect
of persons.’
The principle just discussed, which seems to be more
or less clearly implied in the common notion of ‘fairness’
or ‘equity,’ is obtained by considering the similarity of the
individuals that make up a Logical Whole or Genus. There
are others, no less important, which emerge in the consideration
of the similar parts of a Mathematical or Quantitative
Whole. Such a Whole is presented in the common notion of
the Good—or, as is sometimes said, ‘good on the whole’—of any
individual human being. The proposition ‘that one ought to
aim at one’s own good’ is sometimes given as the maxim of
Rational Self-love or Prudence: but as so stated it does not
clearly avoid tautology; since we may define ‘good’ as ‘what one
ought to aim at.’ If, however, we say ‘one’s good on the whole,’
the addition suggests a principle which, when explicitly stated,
is, at any rate, not tautological. I have already referred to this
principle[285] as that ‘of impartial concern for all parts of our
conscious life’:—we might express it concisely by saying ‘that
Hereafter as such is to be regarded neither less nor more than
Now.’ It is not, of course, meant that the good of the present
may not reasonably be preferred to that of the future on account
of its greater certainty: or again, that a week ten years hence
may not be more important to us than a week now, through
an increase in our means or capacities of happiness. All that
the principle affirms is that the mere difference of priority and
posteriority in time is not a reasonable ground for having more
regard to the consciousness of one moment that to that of
another. The form in which it practically presents itself to
most men is ‘that a smaller present good is not to be preferred
to a greater future good’ (allowing for difference of certainty):
since Prudence is generally exercised in restraining a present
desire (the object or satisfaction of which we commonly regard
as pro tanto ‘a good’), on account of the remoter consequences
of gratifying it. The commonest view of the principle would
no doubt be that the present pleasure or happiness is reasonably
to be foregone with the view of obtaining greater pleasure or
happiness hereafter: but the principle need not be restricted
to a hedonistic application; it is equally applicable to any other
interpretation of ‘one’s own good,’ in which good is conceived
as a mathematical whole, of which the integrant parts are
realised in different parts or moments of a lifetime. And
therefore it is perhaps better to distinguish it here from the
principle ‘that Pleasure is the sole Ultimate Good,’ which does
not seem to have any logical connexion with it.
So far we have only been considering the ‘Good on the
Whole’ of a single individual: but just as this notion is constructed
by comparison and integration of the different ‘goods’
that succeed one another in the series of our conscious states,
so we have formed the notion of Universal Good by comparison
and integration of the goods of all individual human—or sentient—existences.
And here again, just as in the former case,
by considering the relation of the integrant parts to the whole
and to each other, I obtain the self-evident principle that the
good of any one individual is of no more importance, from the
point of view (if I may say so) of the Universe, than the good
of any other; unless, that is, there are special grounds for
believing that more good is likely to be realised in the one case
than in the other. And it is evident to me that as a rational
being I am bound to aim at good generally,—so far as it is
attainable by my efforts,—not merely at a particular part of it.
From these two rational intuitions we may deduce, as a
necessary inference, the maxim of Benevolence in an abstract
form: viz. that each one is morally bound to regard the good of
any other individual as much as his own, except in so far as he
judges it to be less, when impartially viewed, or less certainly
knowable or attainable by him. I before observed that the duty
of Benevolence as recognised by common sense seems to fall
somewhat short of this. But I think it may be fairly urged in
explanation of this that practically each man, even with a view
to universal Good, ought chiefly to concern himself with promoting
the good of a limited number of human beings, and
that generally in proportion to the closeness of their connexion
with him. I think that a ‘plain man,’ in a modern civilised
society, if his conscience were fairly brought to consider the
hypothetical question, whether it would be morally right for
him to seek his own happiness on any occasion if it involved a
certain sacrifice of the greater happiness of some other human
being,—without any counterbalancing gain to any one else,—would
answer unhesitatingly in the negative.
I have tried to show how in the principles of Justice,
Prudence, and Rational Benevolence as commonly recognised
there is at least a self-evident element, immediately cognisable
by abstract intuition; depending in each case on the relation
which individuals and their particular ends bear as parts to
their wholes, and to other parts of these wholes. I regard the
apprehension, with more or less distinctness, of these abstract
truths, as the permanent basis of the common conviction that
the fundamental precepts of morality are essentially reasonable.
No doubt these principles are often placed side by side with
other precepts to which custom and general consent have
given a merely illusory air of self-evidence: but the distinction
between the two kinds of maxims appears to me to become
manifest by merely reflecting upon them. I know by direct
reflection that the propositions, ‘I ought to speak the truth,’
‘I ought to keep my promises’—however true they may be—are
not self-evident to me; they present themselves as propositions
requiring rational justification of some kind. On the
other hand, the propositions, ‘I ought not to prefer a present
lesser good to a future greater good,’ and ‘I ought not to prefer
my own lesser good to the greater good of another,’[286] do present
themselves as self-evident; as much (e.g.) as the mathematical
axiom that ‘if equals be added to equals the wholes are equal.’
It is on account of the fundamental and manifest importance,
in my view, of the distinction above drawn between (1)
the moral maxims which reflection shows not to possess ultimate
validity, and (2) the moral maxims which are or involve
genuine ethical axioms, that I refrained at the outset of this
investigation from entering at length into the psychogonical
question as to the origin of apparent moral intuitions. For no
psychogonical theory has ever been put forward professing to
discredit the propositions that I regard as really axiomatic, by
showing that the causes which produced them were such as had
a tendency to make them false: while as regards the former
class of maxims, a psychogonical proof that they are untrustworthy
when taken as absolutely and without qualification true
is in my view, superfluous: since direct reflection shows me
they have no claim to be so taken. On the other hand, so far
as psychogonical theory represents moral rules as, speaking
broadly and generally, means to the ends of individual and
social good or well-being, it obviously tends to give a general
support to the conclusions to which the preceding discussion
has brought us by a different method: since it leads us to
regard other moral rules as subordinate to the principles of
Prudence and Benevolence.[287]
§ 4. I should, however, rely less confidently on the
conclusions set forth in the preceding section, if they did not
appear to me to be in substantial agreement—in spite of superficial
differences—with the doctrines of those moralists who
have been most in earnest in seeking among commonly received
moral rules for genuine intuitions of the Practical Reason. I
have already pointed out[288] that in the history of English Ethics
the earlier intuitional school show, in this respect, a turn of
thought on the whole more philosophical than that which the
reaction against Hume rendered prevalent. Among the writers
of this school there is no one who shows more earnestness in the
effort to penetrate to really self-evident principles than Clarke.[289]
Accordingly, I find that Clarke lays down, in respect of our
behaviour towards our fellow-men, two fundamental “rules of
righteousness”:[290] the first of which he terms Equity, and the
second Love or Benevolence. The Rule of Equity he states
thus: “Whatever I judge reasonable or unreasonable that
another should do for me: that by the same judgment I declare
reasonable or unreasonable that I should in the like case do for
him”[291]—which is of course, the ‘Golden Rule’ precisely stated.
The obligation to “Universal Love or Benevolence” he exhibits
as follows:—
“If there be a natural and necessary difference between
Good and Evil: and that which is Good is fit and reasonable,
and that which is Evil is unreasonable, to be done: and that
which is the Greatest Good is always the most fit and reasonable
to be chosen: then ... every rational creature ought in
its sphere and station, according to its respective powers and
faculties, to do all the Good it can to its fellow-creatures: to
which end, universal Love and Benevolence is plainly the most
certain, direct, and effectual means.”[292]
Here the mere statement that a rational agent is bound
to aim at universal good is open to the charge of tautology,
since Clarke defines ‘Good’ as ’that which is fit and reasonable
to be done.’ But Clarke obviously holds that each
individual ‘rational creature’ is capable of receiving good in
a greater or less degree, such good being an integrant part
of universal good. This indeed is implied in the common
notion, which he uses, of ‘doing Good to one’s fellow-creatures,’
or, as he otherwise expresses it, ‘promoting their welfare and
happiness.’ And thus his principle is implicitly what was
stated above, that the good or welfare of any one individual
must as such be an object of rational aim to any other
reasonable individual no less than his own similar good or
welfare.
(It should be observed, however, that the proposition that
Universal Benevolence is the right means to the attainment
of universal good, is not quite self-evident; since the end may
not always be best attained by directly aiming at it. Thus
Rational Benevolence, like Rational Self-Love, may be self-limiting;
may direct its own partial suppression in favour of
other impulses.)
Among later moralists, Kant is especially noted for his
rigour in separating the purely rational element of the
moral code: and his ethical view also appears to me to
coincide to a considerable extent, if not completely, with
that set forth in the preceding section. I have already
noticed that his fundamental principle of duty is the ‘formal’
rule of “acting on a maxim that one can will to be law
universal”; which, duly restricted,[293] is an immediate practical
corollary from the principle that I first noticed in the preceding
section. And we find that when he comes to consider
the ends at which virtuous action is aimed, the only really
ultimate end which he lays down is the object of Rational
Benevolence as commonly conceived—the happiness of other
men.[294] He regards it as evident a priori that each man
as a rational agent is bound to aim at the happiness of other
men: indeed, in his view, it can only be stated as a duty for
me to seek my own happiness so far as I consider it as a part
of the happiness of mankind in general. I disagree with the
negative side of this statement, as I hold with Butler that
“one’s own happiness is a manifest obligation” independently
of one’s relation to other men; but, regarded on its positive
side, Kant’s conclusion appears to agree to a great extent
with the view of the duty of Rational Benevolence that I
have given:—though I am not altogether able to assent to
the arguments by which Kant arrives at his conclusion.[295]
§ 5. I must now point out—if it has not long been
apparent to the reader—that the self-evident principles laid
down in § 3 do not specially belong to Intuitionism in the
restricted sense which, for clear distinction of methods, I gave
to this term at the outset of our investigation. The axiom
of Prudence, as I have given it, is a self-evident principle,
implied in Rational Egoism as commonly accepted.[296] Again,
the axiom of Justice or Equity as above stated—‘that similar
cases ought to be treated similarly’—belongs in all its
applications to Utilitarianism as much as to any system
commonly called Intuitional: while the axiom of Rational
Benevolence is, in my view, required as a rational basis for
the Utilitarian system.
Accordingly, I find that I arrive, in my search for really
clear and certain ethical intuitions, at the fundamental
principle of Utilitarianism. I must, however, admit that the
thinkers who in recent times have taught this latter system,
have not, for the most part, expressly tried to exhibit the
truth of their first principle by means of any such procedure
as that above given. Still, when I examine the “proof” of
the “principle of Utility” presented by the most persuasive
and probably the most influential among English expositors
of Utilitarianism,—J. S. Mill,—I find the need of some such
procedure to complete the argument very plain and palpable.
Mill begins by explaining[297] that though “questions of
ultimate ends are not amenable” to “proof in the ordinary
and popular meaning of the term,” there is a “larger meaning
of the word proof” in which they are amenable to it. “The
subject,” he says, is “within the cognisance of the rational
faculty.... Considerations may be presented capable of
determining the intellect to” accept “the Utilitarian
formula.” He subsequently makes clear that by “acceptance
of the Utilitarian formula” he means the acceptance, not of
the agent’s own greatest happiness, but of “the greatest
amount of happiness altogether” as the ultimate “end of
human action” and “standard of morality”: to promote
which is, in the Utilitarian view, the supreme “directive
rule of human conduct.” Then when he comes to give the
“proof”—in the larger sense before explained—of this rule
or formula, he offers the following argument. “The sole
evidence it is possible to produce that anything is desirable,
is that people do actually desire it.... No reason can be
given why the general happiness is desirable, except that
each person, so far as he believes it to be attainable, desires
his own happiness. This, however, being a fact, we have
not only all the proof which the case admits of, but all
which it is possible to require, that happiness is a good:
that each person’s happiness is a good to that person, and
the general happiness, therefore, a good to the aggregate of
persons.”[298] He then goes on to argue that pleasure, and
pleasure alone, is what all men actually do desire.
Now, as we have seen, it is as a “standard of right and
wrong,” or “directive rule of conduct,” that the utilitarian
principle is put forward by Mill: hence, in giving as a
statement of this principle that “the general happiness is
desirable,” he must be understood to mean (and his whole
treatise shows that he does mean) that it is what each
individual ought to desire, or at least—in the stricter sense
of ‘ought’—to aim at realising in action.[299] But this proposition
is not established by Mill’s reasoning, even if we
grant that what is actually desired may be legitimately
inferred to be in this sense desirable. For an aggregate
of actual desires, each directed towards a different part of
the general happiness, does not constitute an actual desire
for the general happiness, existing in any individual; and
Mill would certainly not contend that a desire which does
not exist in any individual can possibly exist in an aggregate
of individuals. There being therefore no actual desire—so
far as this reasoning goes—for the general happiness, the
proposition that the general happiness is desirable cannot be
in this way established: so that there is a gap in the
expressed argument, which can, I think, only be filled by
some such proposition as that which I have above tried to
exhibit as the intuition of Rational Benevolence.
Utilitarianism is thus presented as the final form into
which Intuitionism tends to pass, when the demand for really
self-evident first principles is rigorously pressed. In order,
however, to make this transition logically complete, we require
to interpret ‘Universal Good’ as ‘Universal Happiness.’ And
this interpretation cannot, in my view, be justified by arguing,
as Mill does, from the psychological fact that Happiness is the
sole object of men’s actual desires, to the ethical conclusion
that it alone is desirable or good; because in Book i. chap. iv.
of this treatise I have attempted to show that Happiness
or Pleasure is not the only object that each for himself
actually desires. The identification of Ultimate Good with
Happiness is properly to be reached, I think, by a more
indirect mode of reasoning; which I will endeavour to explain
in the next Chapter.
Note.—The great influence at present exercised by Kant’s teaching
makes it worth while to state briefly the arguments by which he attempts
to establish the duty of promoting the happiness of others, and the
reasons why I am unable to regard these arguments as cogent. In some
passages he attempts to exhibit this duty as an immediate deduction
from his fundamental formula—“act from a maxim that thou canst will
to be universal law”—when considered in combination with the desire
for the kind services of others which (as he assumes) the exigencies of life
must arouse in every man. The maxim, he says, “that each should be
left to take care of himself without either aid or interference,” is one
that we might indeed conceive existing as a universal law: but it would
be impossible for us to will it to be such. “A will that resolved this
would be inconsistent with itself, for many cases may arise in which
the individual thus willing needs the benevolence and sympathy of
others” (Grundlegung, p. 50 [Rosenkrantz]). Similarly elsewhere (Metaph.
Anfangsgr. d. Tugendlehre, Einleit. § 8 and § 30) he explains at more
length that the Self-love which necessarily exists in every one involves
the desire of being loved by others and receiving aid from them in case
of need. We thus necessarily constitute ourselves an end for others,
and claim that they shall contribute to our happiness: and so, according
to Kant’s fundamental principle, we must recognise the duty of making
their happiness our end.
Now I cannot regard this reasoning as strictly cogent. In the first
place, that every man in need wishes for the aid of others is an empirical
proposition which Kant cannot know a priori. We can certainly conceive
a man in whom the spirit of independence and the distaste for incurring
obligations would be so strong that he would choose to endure any
privations rather than receive aid from others. But even granting that
every one, in the actual moment of distress, must necessarily wish for
the assistance of others; still a strong man, after balancing the chances
of life, may easily think that he and such as he have more to gain, on
the whole, by the general adoption of the egoistic maxim; benevolence
being likely to bring them more trouble than profit.
In other passages, however, Kant reaches the same conclusion by an
apparently different line of argument. He lays down that, as all action
of rational beings is done for some end, there must be some absolute end,
corresponding to the absolute rule before given, that imposes on our
maxims the form of universal law. This absolute end, prescribed by
Reason necessarily and a priori for all rational beings as such, can be
nothing but Reason itself, or the Universe of Rationals; for what the
rule inculcates is, in fact, that we should act as rational units in a
universe of rational beings (and therefore on principles conceived and
embraced as universally applicable). Or again, we may reach the same
result negatively. For all particular ends at which men aim are constituted
such by the existence of impulses directed towards some particular
objects. Now we cannot tell a priori that any one of these special impulses
forms part of the constitution of all men: and therefore we cannot state
it as an absolute dictate of Reason that we should aim at any such special
object. If, then, we thus exclude all particular empirical ends, there
remains only the principle that “all Rational beings as such are ends
to each”: or, as Kant sometimes puts it, that “humanity exists as an
end in itself.”
Now, says Kant, so long as I confine myself to mere non-interference
with others, I do not positively make Humanity my end; my aims
remain selfish, though restricted by this condition of non-interference
with others. My action, therefore, is not truly virtuous; for Virtue
is exhibited and consists in the effort to realise the end of Reason in
opposition to mere selfish impulses. Therefore “the ends of the subject,
which is itself an end, must of necessity be my ends, if the representation
of Humanity as an end in itself is to have its full weight with
me” (Grundlegung, p. 59), and my action is to be truly rational and
virtuous.
Here, again, I cannot accept the form of Kant’s argument. The
conception of “humanity as an end in itself” is perplexing: because by an
End we commonly mean something to be realised, whereas “humanity”
is, as Kant says, “a self-subsistent end”: moreover, there seems to be a
sort of paralogism in the deduction of the principle of Benevolence by
means of this conception. For the humanity which Kant maintains
to be an end in itself is Man (or the aggregate of men) in so far as
rational. But the subjective ends of other men, which Benevolence
directs us to take as our own ends, would seem, according to Kant’s
own view, to depend upon and correspond to their non-rational impulses—their
empirical desires and aversions. It is hard to see why, if man
as a rational being is an absolute end to other rational beings, they
must therefore adopt his subjective aims as determined by his non-rational
impulses.
§ 1. At the outset of this treatise[300] I noticed that there
are two forms in which the object of ethical inquiry is considered;
it is sometimes regarded as a Rule or Rules of
Conduct, ‘the Right,’ sometimes as an end or ends, ‘the
Good.’ I pointed out that in the moral consciousness of
modern Europe the two notions are prima facie distinct;
since while it is commonly thought that the obligation to
obey moral rules is absolute, it is not commonly held that
the whole Good of man lies in such obedience; this view, we
may say, is—vaguely and respectfully but unmistakably—repudiated
as a Stoical paradox. The ultimate Good or Wellbeing
of man is rather regarded as an ulterior result, the connexion
of which with his Right Conduct is indeed commonly
held to be certain, but is frequently conceived as supernatural,
and so beyond the range of independent ethical speculation.
But now, if the conclusions of the preceding chapters are to
be trusted, it would seem that the practical determination of
Right Conduct depends on the determination of Ultimate
Good. For we have seen (a) that most of the commonly
received maxims of Duty—even of those which at first sight
appear absolute and independent—are found when closely
examined to contain an implicit subordination to the more
general principles of Prudence and Benevolence: and (b) that
no principles except these, and the formal principle of Justice
or Equity can be admitted as at once intuitively clear and
certain; while, again, these principles themselves, so far as
they are self-evident, may be stated as precepts to seek (1)
one’s own good on the whole, repressing all seductive impulses
prompting to undue preference of particular goods, and (2)
others’ good no less than one’s own, repressing any undue
preference for one individual over another. Thus we are
brought round again to the old question with which ethical
speculation in Europe began, ‘What is the Ultimate Good for
man?’—though not in the egoistic form in which the old
question was raised. When, however, we examine the controversies
to which this question originally led, we see that the
investigation which has brought us round to it has tended
definitely to exclude one of the answers which early moral reflection
was disposed to give to it. For to say that ‘General Good’
consists solely in general Virtue,—if we mean by Virtue conformity
to such prescriptions and prohibitions as make up the
main part of the morality of Common Sense—would obviously
involve us in a logical circle; since we have seen that the
exact determination of these prescriptions and prohibitions
must depend on the definition of this General Good.
Nor, I conceive, can this argument be evaded by adopting
the view of what I have called ‘Æsthetic Intuitionism’ and
regarding Virtues as excellences of conduct clearly discernible
by trained insight, although their nature does not admit
of being stated in definite formulæ. For our notions of
special virtues do not really become more independent by
becoming more indefinite: they still contain, though perhaps
more latently, the same reference to ‘Good’ or ‘Wellbeing’ as
an ultimate standard. This appears clearly when we consider
any virtue in relation to the cognate vice—or at least non-virtue—into
which it tends to pass over when pushed to an extreme,
or exhibited under inappropriate conditions. For example,
Common Sense may seem to regard Liberality, Frugality,
Courage, Placability, as intrinsically desirable: but when we
consider their relation respectively to Profusion, Meanness,
Foolhardiness, Weakness, we find that Common Sense draws
the line in each case not by immediate intuition, but by reference
either to some definite maxim of duty, or to the general
notion of ‘Good’ or Wellbeing: and similarly when we ask
at what point Candour, Generosity, Humility cease to be
virtues by becoming ‘excessive.’ Other qualities commonly
admired, such as Energy, Zeal, Self-control, Thoughtfulness, are
obviously regarded as virtues only when they are directed to
good ends. In short, the only so-called Virtues which can be
thought to be essentially and always such, and incapable of
excess, are such qualities as Wisdom, Universal Benevolence,
and (in a sense) Justice; of which the notions manifestly involve
this notion of Good, supposed already determinate. Wisdom
is insight into Good and the means to Good; Benevolence
is exhibited in the purposive actions called “doing Good”:
Justice (when regarded as essentially and always a Virtue)
lies in distributing Good (or evil) impartially according to
right rules. If then we are asked what is this Good which it
is excellent to know, to bestow on others, to distribute impartially,
it would be obviously absurd to reply that it is just this
knowledge, these beneficent purposes, this impartial distribution.
Nor, again, can I perceive that this difficulty is in any
way met by regarding Virtue as a quality of “character”
rather than of “conduct,” and expressing the moral law in
the form, “Be this,” instead of the form “Do this.”[301] From
a practical point of view, indeed, I fully recognise the importance
of urging that men should aim at an ideal of
character, and consider action in its effects on character. But
I cannot infer from this that character and its elements—faculties,
habits, or dispositions of any kind—are the constituents
of Ultimate Good. It seems to me that the opposite
is implied in the very conception of a faculty or disposition;
it can only be defined as a tendency to act or feel in a certain
way under certain conditions; and such a tendency appears
to me clearly not valuable in itself but for the acts and feelings
in which it takes effect, or for the ulterior consequences
of these,—which consequences, again, cannot be regarded as
Ultimate Good, so long as they are merely conceived as modifications
of faculties, dispositions, etc. When, therefore, I say
that effects on character are important, it is a summary way
of saying that by the laws of our mental constitution the
present act or feeling is a cause tending to modify importantly
our acts and feelings in the indefinite future: the comparatively
permanent result supposed to be produced in the mind
or soul, being a tendency that will show itself in an indefinite
number of particular acts and feelings, may easily be more
important, in relation to the ultimate end, than a single act
or the transient feeling of a single moment: but its comparative
permanence appears to me no ground for regarding it as
itself a constituent of ultimate good.
§ 2. So far, however, I have been speaking only of
particular virtues, as exhibited in conduct judged to be
objectively right: and it may be argued that this is too
external a view of the Virtue that claims to constitute
Ultimate Good. It may be said that the difficulty that I
have been urging vanishes if we penetrate beyond the
particular virtues to the root and essence of virtue in general,—the
determination of the will to do whatever is judged to
be right and to aim at realising whatever is judged to be
best—; since this subjective rightness or goodness of will,
being independent of knowledge of what is objectively right
or good, is independent of that presupposition of Good as
already known and determined, which we have seen to be
implied in the common conceptions of virtue as manifested in
outward acts. I admit that if subjective rightness or goodness
of Will is affirmed to be the Ultimate Good, the affirmation
does not exactly involve the logical difficulty that I have
been urging. None the less is it fundamentally opposed to
Common Sense; since the very notion of subjective rightness
or goodness of will implies an objective standard, which it
directs us to seek, but does not profess to supply. It would
be a palpable and violent paradox to set before the right-seeking
mind no end except this right-seeking itself, and to
affirm this to be the sole Ultimate Good, denying that any
effects of right volition can be in themselves good, except the
subjective rightness of future volitions, whether of self or of
others. It is true that no rule can be recognised, by any
reasonable individual, as more authoritative than the rule of
doing what he judges to be right; for, in deliberating with
a view to my own immediate action, I cannot distinguish
between doing what is objectively right, and realising my own
subjective conception of rightness. But we are continually
forced to make the distinction as regards the actions of others
and to judge that conduct may be objectively wrong though
subjectively right: and we continually judge conduct to be
objectively wrong because it tends to cause pain and loss of
happiness to others,—apart from any effect on the subjective
rightness of their volitions. It is as so judging that we
commonly recognise the mischief and danger of fanaticism:—meaning
by a fanatic a man who resolutely and unswervingly
carries out his own conception of rightness, when it is a
plainly mistaken conception.
The same result may be reached even without supposing
so palpable a divorce between subjective and objective rightness
of volition as is implied in the notion of fanaticism. As
I have already pointed out,[302] though the ‘dictates of Reason’
are always to be obeyed, it does not follow that ‘the dictation
of Reason’—the predominance of consciously moral over non-moral
motives—is to be promoted without limits; and indeed
Common Sense appears to hold that some things are likely
to be better done, if they are done from other motives than
conscious obedience to practical Reason or Conscience. It
thus becomes a practical question how far the dictation of
Reason, the predominance of moral choice and moral effort in
human life, is a result to be aimed at: and the admission of
this question implies that conscious rightness of volition is not
the sole ultimate good. On the whole, then, we may conclude
that neither (1) subjective rightness or goodness of volition,
as distinct from objective, nor (2) virtuous character, except as
manifested or realised in virtuous conduct, can be regarded as
constituting Ultimate Good: while, again, we are precluded
from identifying Ultimate Good with virtuous conduct, because
our conceptions of virtuous conduct, under the different
heads or aspects denoted by the names of the particular
virtues, have been found to presuppose the prior determination
of the notion of Good—that Good which virtuous conduct is
conceived as producing or promoting or rightly distributing.
And what has been said of Virtue, seems to me still more
manifestly true of the other talents, gifts, and graces which
make up the common notion of human excellence or Perfection.
However immediately the excellent quality of such gifts and
skills may be recognised and admired, reflection shows that
they are only valuable on account of the good or desirable
conscious life in which they are or will be actualised, or which
will be somehow promoted by their exercise.
§ 3. Shall we then say that Ultimate Good is Good
or Desirable conscious or sentient Life—of which Virtuous
action is one element, but not the sole constituent? This
seems in harmony with Common Sense; and the fact that
particular virtues and talents and gifts are largely valued as
means to ulterior good does not necessarily prevent us from
regarding their exercise as also an element of Ultimate Good:
just as the fact that physical action, nutrition, and repose,
duly proportioned and combined, are means to the maintenance
of our animal life, does not prevent us from regarding them
as indispensable elements of such life. Still it seems difficult
to conceive any kind of activity or process as both means and
end, from precisely the same point of view and in respect of
precisely the same quality: and in both the cases above
mentioned it is, I think, easy to distinguish the aspect in
which the activities or processes in question are to be regarded
as means from that in which they are to be regarded as in
themselves good or desirable. Let us examine this first in
the case of the physical processes. It is in their purely
physical aspect, as complex processes of corporeal change, that
they are means to the maintenance of life: but so long as we
confine our attention to their corporeal aspect,—regarding
them merely as complex movements of certain particles of
organised matter—it seems impossible to attribute to these
movements, considered in themselves, either goodness or badness.
I cannot conceive it to be an ultimate end of rational
action to secure that these complex movements should be of
one kind rather than another, or that they should be continued
for a longer rather than a shorter period. In short, if
a certain quality of human Life is that which is ultimately
desirable, it must belong to human Life regarded on its
psychical side, or, briefly, Consciousness.
But again: it is not all life regarded on its psychical side
which we can judge to be ultimately desirable: since psychical
life as known to us includes pain as well as pleasure, and so far
as it is painful it is not desirable. I cannot therefore accept a
view of the wellbeing or welfare of human beings—as of other
living things—which is suggested by current zoological conceptions
and apparently maintained with more or less definiteness
by influential writers; according to which, when we
attribute goodness or badness to the manner of existence of
any living organism, we should be understood to attribute to it
a tendency either (1) to self-preservation, or (2) to the preservation
of the community or race to which it belongs—so that
what “Wellbeing” adds to mere “Being” is just promise of
future being. It appears to me that this doctrine needs only
to be distinctly contemplated in order to be rejected. If all life
were as little desirable as some portions of it have been, in my
own experience and in that (I believe) of all or most men, I
should judge all tendency to the preservation of it to be unmitigatedly
bad. Actually, no doubt, as we generally hold that
human life, even as now lived, has on the average, a balance of
happiness, we regard what is preservative of life as generally
good, and what is destructive of life as bad: and I quite admit
that a most fundamentally important part of the function of
morality consists in maintaining such habits and sentiments as
are necessary to the continued existence, in full numbers, of a
society of human beings under their actual conditions of life.
But this is not because the mere existence of human organisms,
even if prolonged to eternity, appears to me in any way desirable;
it is only assumed to be so because it is supposed to be
accompanied by Consciousness on the whole desirable; it is
therefore this Desirable Consciousness which we must regard
as ultimate Good.
In the same way, so far as we judge virtuous activity to be
a part of Ultimate Good, it is, I conceive, because the consciousness
attending it is judged to be in itself desirable for the
virtuous agent; though at the same time this consideration
does not adequately represent the importance of Virtue to
human wellbeing, since we have to consider its value as a
means as well as its value as an end. We may make the
distinction clearer by considering whether Virtuous life would
remain on the whole good for the virtuous agent, if we suppose
it combined with extreme pain. The affirmative answer to this
question was strongly supported in Greek philosophical discussion:
but it is a paradox from which a modern thinker
would recoil: he would hardly venture to assert that the
portion of life spent by a martyr in tortures was in itself
desirable,—though it might be his duty to suffer the pain
with a view to the good of others, and even his interest to
suffer it with a view to his own ultimate happiness.
§ 4. If then Ultimate Good can only be conceived as
Desirable Consciousness—including the Consciousness of Virtue
as a part but only as a part—are we to identify this notion
with Happiness or Pleasure, and say with the Utilitarians that
General Good is general happiness? Many would at this point
of the discussion regard this conclusion as inevitable: to say
that all other things called good are only means to the end of
making conscious life better or more desirable, seems to them
the same as saying that they are means to the end of happiness.
But very important distinctions remain to be considered.
According to the view taken in a previous chapter,[303] in affirming
Ultimate Good to be Happiness or Pleasure, we imply (1)
that nothing is desirable except desirable feelings, and (2) that
the desirability of each feeling is only directly cognisable by
the sentient individual at the time of feeling it, and that therefore
this particular judgment of the sentient individual must be
taken as final[304] on the question how far each element of feeling
has the quality of Ultimate Good. Now no one, I conceive,
would estimate in any other way the desirability of feeling
considered merely as feeling: but it may be urged that our
conscious experience includes besides Feelings, Cognitions and
Volitions, and that the desirability of these must be taken into
account, and is not to be estimated by the standard above
stated. I think, however, that when we reflect on a cognition
as a transient fact of an individual’s psychical experience,—distinguishing
it on the one hand from the feeling that
normally accompanies it, and on the other hand from that
relation of the knowing mind to the object known which is
implied in the term “true” or “valid cognition”[305]—it is seen
to be an element of consciousness quite neutral in respect of
desirability: and the same may be said of Volitions, when we
abstract from their concomitant feelings, and their relation to
an objective norm or ideal, as well as from all their consequences.
It is no doubt true that in ordinary thought certain
states of consciousness—such as Cognition of Truth, Contemplation
of Beauty, Volition to realise Freedom or Virtue—are
sometimes judged to be preferable on other grounds than their
pleasantness: but the general explanation of this seems to be
(as was suggested in Book ii. chap. ii. § 2) that what in such
cases we really prefer is not the present consciousness itself,
but either effects on future consciousness more or less distinctly
foreseen, or else something in the objective relations
of the conscious being, not strictly included in his present
consciousness.
The second of these alternatives may perhaps be made
clearer by some illustrations. A man may prefer the mental
state of apprehending truth to the state of half-reliance on
generally accredited fictions,[306] while recognising that the former
state may be more painful than the latter, and independently
of any effect which he expects either state to have upon his
subsequent consciousness. Here, on my view, the real object
of preference is not the consciousness of knowing truth, considered
merely as consciousness,—the element of pleasure or
satisfaction in this being more than outweighed by the concomitant
pain,—but the relation between the mind and something
else, which, as the very notion of ‘truth’ implies, is
whatever it is independently of our cognition of it, and which
I therefore call objective. This may become more clear if we
imagine ourselves learning afterwards that what we took for
truth is not really such: for in this case we should certainly
feel that our preference had been mistaken; whereas if our
choice had really been between two elements of transient
consciousness, its reasonableness could not be affected by any
subsequent discovery.
Similarly, a man may prefer freedom and penury to a life
of luxurious servitude, not because the pleasant consciousness
of being free outweighs in prospect all the comforts and
securities that the other life would afford, but because he has
a predominant aversion to that relation between his will
and the will of another which we call slavery: or, again, a
philosopher may choose what he conceives as ‘inner freedom’—the
consistent self-determination of the will—rather than
the gratifications of appetite; though recognising that the
latter are more desirable, considered merely as transient
feelings. In either case, he will be led to regard his
preference as mistaken, if he be afterwards persuaded that
his conception of Freedom or self-determination was illusory;
that we are all slaves of circumstances, destiny, etc.
So again, the preference of conformity to Virtue, or contemplation
of Beauty, to a state of consciousness recognised as
more pleasant seems to depend on a belief that one’s conception
of Virtue or Beauty corresponds to an ideal to some
extent objective and valid for all minds. Apart from any
consideration of future consequences, we should generally agree
that a man who sacrificed happiness to an erroneous conception
of Virtue or Beauty made a mistaken choice.
Still, it may be said that this is merely a question of
definition: that we may take ‘conscious life’ in a wide sense,
so as to include the objective relations of the conscious being
implied in our notions of Virtue, Truth, Beauty, Freedom;
and that from this point of view we may regard cognition of
Truth, contemplation of Beauty, Free or Virtuous action, as
in some measure preferable alternatives to Pleasure or Happiness—even
though we admit that Happiness must be included
as a part of Ultimate Good. In this case the principle of
Rational Benevolence, which was stated in the last chapter
as an indubitable intuition of the practical Reason, would not
direct us to the pursuit of universal happiness alone, but of
these “ideal goods” as well, as ends ultimately desirable for
mankind generally.
§ 5. I think, however, that this view ought not to commend
itself to the sober judgment of reflective persons. In order to
show this, I must ask the reader to use the same twofold procedure
that I before requested him to employ in considering the
absolute and independent validity of common moral precepts. I
appeal firstly to his intuitive judgment after due consideration
of the question when fairly placed before it: and secondly to a
comprehensive comparison of the ordinary judgments of mankind.
As regards the first argument, to me at least it seems
clear after reflection that these objective relations of the conscious
subject, when distinguished from the consciousness
accompanying and resulting from them, are not ultimately
and intrinsically desirable; any more than material or other
objects are, when considered apart from any relation to conscious
existence. Admitting that we have actual experience
of such preferences as have just been described, of which the
ultimate object is something that is not merely consciousness:
it still seems to me that when (to use Butler’s phrase) we
“sit down in a cool hour,” we can only justify to ourselves the
importance that we attach to any of these objects by considering
its conduciveness, in one way or another, to the happiness
of sentient beings.
The second argument, that refers to the common sense of
mankind, obviously cannot be made completely cogent; since,
as above stated, several cultivated persons do habitually judge
that knowledge, art, etc.—not to speak of Virtue—are ends
independently of the pleasure derived from them. But we may
urge not only that all these elements of “ideal good” are
productive of pleasure in various ways; but also that they
seem to obtain the commendation of Common Sense, roughly
speaking, in proportion to the degree of this productiveness.
This seems obviously true of Beauty; and will hardly be
denied in respect of any kind of social ideal: it is paradoxical
to maintain that any degree of Freedom, or any form of social
order, would still be commonly regarded as desirable even if
we were certain that it had no tendency to promote the
general happiness. The case of Knowledge is rather more
complex; but certainly Common Sense is most impressed
with the value of knowledge, when its ‘fruitfulness’ has been
demonstrated. It is, however, aware that experience has
frequently shown how knowledge, long fruitless, may become
unexpectedly fruitful, and how light may be shed on one part
of the field of knowledge from another apparently remote:
and even if any particular branch of scientific pursuit could
be shown to be devoid of even this indirect utility, it would
still deserve some respect on utilitarian grounds; both as
furnishing to the inquirer the refined and innocent pleasures
of curiosity, and because the intellectual disposition which it
exhibits and sustains is likely on the whole to produce fruitful
knowledge. Still in cases approximating to this last, Common
Sense is somewhat disposed to complain of the misdirection
of valuable effort; so that the meed of honour commonly
paid to Science seems to be graduated, though perhaps unconsciously,
by a tolerably exact utilitarian scale. Certainly
the moment the legitimacy of any branch of scientific inquiry
is seriously disputed, as in the recent case of vivisection, the
controversy on both sides is generally conducted on an
avowedly utilitarian basis.
The case of Virtue requires special consideration: since the
encouragement in each other of virtuous impulses and dispositions
is a main aim of men’s ordinary moral discourse; so
that even to raise the question whether this encouragement
can go too far has a paradoxical air. Still, our experience
includes rare and exceptional cases in which the concentration
of effort on the cultivation of virtue has seemed to have effects
adverse to general happiness, through being intensified to the
point of moral fanaticism, and so involving a neglect of other
conditions of happiness. If, then, we admit as actual or
possible such ‘infelicific’ effects of the cultivation of Virtue,
I think we shall also generally admit that, in the case supposed,
conduciveness to general happiness should be the
criterion for deciding how far the cultivation of Virtue should
be carried.
At the same time it must be allowed that we find in Common
Sense an aversion to admit Happiness (when explained to
mean a sum of pleasures) to be the sole ultimate end and
standard of right conduct. But this, I think, can be fully
accounted for by the following considerations.
I. The term Pleasure is not commonly used so as to include
clearly all kinds of consciousness which we desire to
retain or reproduce: in ordinary usage it suggests too prominently
the coarser and commoner kinds of such feelings; and
it is difficult even for those who are trying to use it scientifically
to free their minds altogether from the associations of
ordinary usage, and to mean by Pleasure only Desirable Consciousness
or Feeling of whatever kind. Again, our knowledge
of human life continually suggests to us instances of pleasures
which will inevitably involve as concomitant or consequent
either a greater amount of pain or a loss of more important
pleasures: and we naturally shrink from including even hypothetically
in our conception of ultimate good these—in
Bentham’s phrase—“impure” pleasures; especially since we
have, in many cases, moral or æsthetic instincts warning us
against such pleasures.
II. We have seen[307] that many important pleasures can only
be felt on condition of our experiencing desires for other
things than pleasure. Thus the very acceptance of Pleasure as
the ultimate end of conduct involves the practical rule that it
is not always to be made the conscious end. Hence, even if we
are considering merely the good of one human being taken
alone, excluding from our view all effects of his conduct on
others, still the reluctance of Common Sense to regard pleasure
as the sole thing ultimately desirable may be justified by the
consideration that human beings tend to be less happy if they
are exclusively occupied with the desire of personal happiness.
E.g. (as was before shown) we shall miss the valuable pleasures
which attend the exercise of the benevolent affections if we
do not experience genuinely disinterested impulses to procure
happiness for others (which are, in fact, implied in the notion
of ‘benevolent affections’).
III. But again, I hold, as was expounded in the preceding
chapter, that disinterested benevolence is not only thus generally
in harmony with rational Self-love, but also in another
sense and independently rational: that is, Reason shows me
that if my happiness is desirable and a good, the equal happiness
of any other person must be equally desirable. Now,
when Happiness is spoken of as the sole ultimate good of man,
the idea most commonly suggested is that each individual is
to seek his own happiness at the expense (if necessary) or, at
any rate, to the neglect of that of others: and this offends
both our sympathetic and our rational regard for others’
happiness. It is, in fact, rather the end of Egoistic than of
Universalistic Hedonism, to which Common Sense feels an
aversion. And certainly one’s individual happiness is, in
many respects, an unsatisfactory mark for one’s supreme aim,
apart from any direct collision into which the exclusive pursuit
of it may bring us with rational or sympathetic Benevolence.
It does not possess the characteristics which, as Aristotle says,
we “divine” to belong to Ultimate Good: being (so far, at
least, as it can be empirically foreseen) so narrow and limited,
of such necessarily brief duration, and so shifting and insecure
while it lasts. But Universal Happiness, desirable consciousness
or feeling for the innumerable multitude of sentient
beings, present and to come, seems an End that satisfies our
imagination by its vastness, and sustains our resolution by its
comparative security.
It may, however, be said that if we require the individual
to sacrifice his own happiness to the greater happiness of
others on the ground that it is reasonable to do so, we really
assign to the individual a different ultimate end from that
which we lay down as the ultimate Good of the universe of
sentient beings: since we direct him to take, as ultimate,
Happiness for the Universe, but Conformity to Reason for
himself. I admit the substantial truth of this statement,
though I should avoid the language as tending to obscure
the distinction before explained between “obeying the dictates”
and “promoting the dictation” of reason. But granting the
alleged difference, I do not see that it constitutes an argument
against the view here maintained, since the individual is
essentially and fundamentally different from the larger whole—the
universe of sentient beings—of which he is conscious
of being a part; just because he has a known relation to
similar parts of the same whole, while the whole itself has no
such relation. I accordingly see no inconsistency in holding
that while it would be reasonable for the aggregate of sentient
beings, if it could act collectively, to aim at its own happiness
only as an ultimate end—and would be reasonable for any
individual to do the same, if he were the only sentient being
in the universe—it may yet be actually reasonable for an
individual to sacrifice his own Good or happiness for the
greater happiness of others.[308]
At the same time I admit that, in the earlier age of ethical
thought which Greek philosophy represents, men sometimes
judged an act to be ‘good’ for the agent, even while recognising
that its consequences would be on the whole painful to him,—as
(e.g.) a heroic exchange of a life full of happiness for a
painful death at the call of duty. I attribute this partly to a
confusion of thought between what it is reasonable for an
individual to desire, when he considers his own existence
alone, and what he must recognise as reasonably to be desired,
when he takes the point of view of a larger whole: partly,
again, to a faith deeply rooted in the moral consciousness of
mankind, that there cannot be really and ultimately any
conflict between the two kinds of reasonableness.[309] But
when ‘Reasonable Self-love’ has been clearly distinguished
from Conscience, as it is by Butler and his followers, we
find it is naturally understood to mean desire for one’s
own Happiness: so that in fact the interpretation of ‘one’s
own good,’ which was almost peculiar in ancient thought
to the Cyrenaic and Epicurean heresies, is adopted by
some of the most orthodox of modern moralists. Indeed
it often does not seem to have occurred to these latter
that this notion can have any other interpretation.[310] If,
then, when any one hypothetically concentrates his attention
on himself, Good is naturally and almost inevitably
conceived to be Pleasure, we may reasonably conclude that
the Good of any number of similar beings, whatever their
mutual relations may be, cannot be essentially different in
quality.
IV. But lastly, from the universal point of view no less
than from that of the individual, it seems true that Happiness
is likely to be better attained if the extent to which we set
ourselves consciously to aim at it be carefully restricted.
And this not only because action is likely to be more effective
if our effort is temporarily concentrated on the realisation of
more limited ends—though this is no doubt an important
reason:—but also because the fullest development of happy
life for each individual seems to require that he should have
other external objects of interest besides the happiness of
other conscious beings. And thus we may conclude that the
pursuit of the ideal objects before mentioned, Virtue, Truth,
Freedom, Beauty, etc., for their own sakes, is indirectly and
secondarily, though not primarily and absolutely, rational;
on account not only of the happiness that will result from
their attainment, but also of that which springs from their
disinterested pursuit. While yet if we ask for a final
criterion of the comparative value of the different objects
of men’s enthusiastic pursuit, and of the limits within
which each may legitimately engross the attention of
mankind, we shall none the less conceive it to depend
upon the degree in which they respectively conduce to
Happiness.
If, however, this view be rejected, it remains to consider
whether we can frame any other coherent account of Ultimate
Good. If we are not to systematise human activities by
taking Universal Happiness as their common end, on what
other principles are we to systematise them? It should be
observed that these principles must not only enable us to
compare among themselves the values of the different non-hedonistic
ends which we have been considering, but must
also provide a common standard for comparing these values
with that of Happiness; unless we are prepared to adopt
the paradoxical position of rejecting happiness as absolutely
valueless. For we have a practical need of determining not
only whether we should pursue Truth rather than Beauty,
or Freedom or some ideal constitution of society rather than
either, or perhaps desert all of these for the life of worship
and religious contemplation; but also how far we should
follow any of these lines of endeavour, when we foresee
among its consequences the pains of human or other sentient
beings, or even the loss of pleasures that might otherwise
have been enjoyed by them.[311]
I have failed to find—and am unable to construct—any
systematic answer to this question that appears to me
deserving of serious consideration: and hence I am finally
led to the conclusion (which at the close of the last chapter
seemed to be premature) that the Intuitional method
rigorously applied yields as its final result the doctrine of
pure Universalistic Hedonism,[312]—which it is convenient to
denote by the single word, Utilitarianism.