Norma

“ What, then, shall be, the common standard that shall decide which is the man that thinks with the greatest justice? What the scale by which to measure who has the best regulated imagination? What balance shall be found sufficiently exact to determine whose knowledge is most certain, when he agitates subjects, which experience cannot enable him to examine, that escape all his senses, that have no model, that are above reason? ”

“ In saying this, I mean only to designate the general spirit of human law. Every principle, on its application to practice, must be limited and modified by circumstances; our reason by our common sense. ”

“ About once in ten days Freddy found it almost necessary to go to Assuan or Luxor and there throw himself heart and soul into the festivities of the foreign hotel society. For one night and half a day he played tennis and danced and was young again. These periodical outings and his private hobbies kept his mind and nerves well balanced. At his age it was scarcely healthy for a sport-loving, normal Englishman to spend his days and nights all alone, in the silent valley in the hills, his only companions the mummies of Pharaohs and the bones unearthed from subterranean tombs. ”

“ In the complicated relations of human life, various rules for the moral conduct of men have been devised, some of them in the form of statute laws, some in the form of customs, and, in virtue of these rules, certain artificial demands are made of men, which have no foundation in the moral nature of man; these demands are thought to represent duties. We have the same word to describe what I ought to do as subject to the law of God, and what is demanded of me by custom, or the statute. We call each a duty. ”

“ You must find a fixed standard of some kind or other; for if there is no standard but the immediate momentary purpose of the day, guided and governed by the man who uses it, fixed not only for the disposition of all the wealth and strength of the state, but for the life, fortune, and property of every individual, your Lordships are left without a principle to direct your judgment. ”

“ If a common standard were known among men, and if the understandings of men determined in the same manner as to the conformity, or otherwise, of an action to that standard; what renders it a matter of obligation that any one should perform it? The rule must be proved to be binding, or no ground of obligation is established.
An action is obligatory, say others, because it is agreeable to the moral sense. ”

“ When law is used in the sense of the standard of justice, it is said that it “is the standard of conduct which in consequence of the inner impulse that urges men toward a reasonable form of life, emanates from the whole, and is forced upon the individual”; [3] or that it is “the objective co-ordination of possible acts among men, according to an ethical principle which determines them and prevents their interference.” ”

“ It may, no doubt, be useful to point out that those who have the necessary disposition should obey these rules; and it would, in many cases, be desirable that everybody should have this disposition. But it should be recognised that, when we regard a thing as a moral rule or law, we mean that it is one which almost everybody can observe by an effort of volition, in that state of society to which the rule is supposed to apply. ”

“ If our principle, put in practice, would wrong your section for the benefit of ours, or for any other object, then our principle, and we with it, are sectional, and are justly opposed and denounced as such. ”

“ Common elements in all codes of rules for conduct are the consciousness of authority, whether that of a God, of a ruler or government, or of conscience, the more or less definite sense of power or coercion on the part of this authority, and the representation of public opinion. These elements, combined in different proportions, result in an idea and a feeling of obligation, forming a body of thought and feeling which may be termed pro-ethical, and which, with the mass of mankind, stands in place of the ethical. ”

“ Lay your foundations broad and deep in the common ground of humanity. Base your calculations on the sure ground of universal law. Then, gradually, out of this common earth will grow up the special flower, true to its own individual law, which is just as sacred and unalterable as the general law. ”

“ With the exception of archaeological inquiries and the study of law, as commonly pursued, these moral or social sciences are occupied with inquiry into the nature of the conventions under which men live, the institutions of society -- customs, usages, traditions, conventions, canons of conduct, standards of life, of taste, of morality and religion, law and order. No faithful inquiry into these matters can avoid an air of scepticism as to the stability or finality of some one or other among the received articles of institutional furniture. ”

“ This power is the law; it is, or ought to be, the collection of the will of society, reunited to fix the conduct of its members, to direct their action in such a mode, that it may concur to the great end of his association—the general good. ”

“ In this day of ours, ablaze with learning, and culture,—veneered with a fine civilization, our laws are complex beyond all knowing and expression; man regulates his conduct—to them,—and is as virtuous, and honest as the law compels him to be. ”

“ In different nations and times its indications of duty fail to agree. Advance in civilization, knowledge and culture is marked by higher ethical standards, modifying, if not reversing, former judgments. But this large fact, so unquestionable and, apparently, so formidable, becomes, when analyzed, easily reconcilable with the position of authority given to the conscience-discernments and imperatives. For a faculty may be highest in human nature, and yet, like every other capacity, limited. ”

“ It is assumed, in the first place, that adequate guidance for conduct in life, private and public, could be had; and that a moral code, rationally elaborated by men as they now are, would be duly operative upon them. ”

“ But before the crucial question of justice which divides modern society, namely, whether we shall lay emphasis upon adjustment of rewards to previous abilities, habits, possessions, character, or shall lay stress upon needs, and the possibility of bringing about a greater measure of equality, the doctrine which would find its standard in an a priori reason is helpless. ”

“ I propose therefore to begin our inquiry into the detail of goodness—into the particular kinds of conduct which the man wishing to do good for the sake of its goodness is entitled to count good—by considering what is of permanent moral value in the institutions of civil life, as established in Europe; in what way they have contributed and contribute to the possibility of morality in the higher sense of the term, and are justified, or have a moral claim upon our loyal conformity, in consequence. ”

“ The moral code, in short, like the legal code, should adapt itself to changing circumstances, keeping the public good always as its motive. If so, we have to consider in what the public good consists. ”

“ In other words, the standard we should establish is the standard of conduct, not the standard of occupation, of means, or of social position. It is the man's moral quality, his attitude toward the great questions which concern all humanity, his cleanliness of life, his power to do his duty toward himself and toward others, which really count ”

“ It is plain, then, that the rules commonly recognised by Common Sense, in the society in which we live, and commonly advocated as if they were all equally and universally right and good, are of very different orders. Even those which seem to be most universally good as means, can only be shewn to be so, because of the existence of conditions, which, though perhaps evils, may be taken to be necessary ”

“ All the doctrines which ascribe absolute goodness to particular forms of government, particular social arrangements, and even to particular modes of education, without reference to the state of civilization and the various distinguishing characters of the society for which they are intended, are open to the same objection—that of assuming one class of influencing circumstances to be the paramount rulers of phenomena which depend in an equal or greater degree on many others. ”

“ I said in an earlier chapter that I wanted to find a moral standard which should be based on the realities of human nature, and in order to do that we must first have a clear idea of what human nature really is, and by what law it lives. We have been passing during the last generation from an idea of law which belonged to our forefathers to a new idea of law which has been given to us by modern science ”

“ Let us bear in mind that the life and health of multitudes of people hang upon the distinction between a clear and definite regulation which is framed to be carried out and a vague and misty one which may represent a principle and an intention, but cannot be reduced to practice in its clouded shape, and we shall understand the vital importance of a clear, straightforward, and definite regulation. ”

“ Therefore, whether we like it or not, the moral code by which we regulate our conduct is being constantly revised and altered: old rules are being silently expunged and new rules silently inscribed in the palimpsest by the busy, the unresting hand of an invisible scribe. ”

“ But laws, in their more confined sense, and in which it is our present business to consider them, denote the rules, not of action in general, but of human action or conduct: that is, the precepts by which man, the noblest of all sublunary beings, a creature endowed with both reason and freewill, is commanded to make use of those faculties in the general regulation of his behaviour. ”

“ If we apply this law to society, if we assume the existence of reasonable beings around us, then the demand that all the faculties of the individual should be uniformly cultivated includes also the demand that all reasonable beings should be cultivated uniformly with each other. ”

“ Dear, the laws of society are not all written in a book; manners and customs create laws, the more important of which are often the least known. Believe me, there are neither teachers, nor schools, nor text-books for the laws that are now to regulate your actions, your language, your visible life, the manner of your presentation to the world, and your quest of fortune. ”

“ Established customs, rules, and maxims, I take to be one and the same thing. For the authenticity of these maxims rests entirely upon reception and usage; and the only method of proving that this or that maxim is a rule of the common law, is by showing that it hath been always the custom to observe it. But here a very natural and very material question arises: how are these customs or maxims to be known; and by whom is their validity to be determined? ”

“ Then, in the name of God, of manhood, of common sense, say it, directly, positively, assertively, as is your right, remembering the assurance of the Declaration of Independence that "all men are created equal." Don't worry about whether you are saying it in the genteel fashion of some one else's standard. Make your own standard. Even the standards of the grammar books and dictionaries are not equal to that of a man who has something to say and says it forcefully, truthfully, pointedly, directly. ”

“ In practical affairs we ask first if there is any principle of right or wrong involved, then what is best for the practical interests of ourselves and other people, and in a few cases, when these other considerations are irrelevant, what course is dictated by our ideas of fitness and beauty. I will briefly discuss a few of the main types of the argument of policy, grouping them according as they appeal chiefly to the sense of right and wrong, to practical interests, or to aesthetic interests. ”

“ Let us rather draw from it the following conclusion, that it is for us an obligation to satisfy at the very least the physical order by the object of our acts, even when we do not satisfy the exigencies of the moral order by the form of these acts; to pay, at least, as perfect instruments the aims of nature, that which we owe as imperfect persons to reason, in order not to appear shamefaced before both tribunals. ”

“ But I do wish to make this intimation, that in this time of world change, in this time when we are going to find out just how, in what particulars, and to what extent the real facts of human life and the real moral judgments of mankind prevail, it is worth while looking inside our municipal law and seeing whether the judgments of the law are made square with the moral judgments of mankind. ”

“ In other words, the standards of the law are external standards, and, however much it may take moral considerations into account, it does so only for the purpose of drawing a line between such bodily motions and rests as it permits, and such as it does not. ”

“ Obligation "expresses that an act is the act required." "It is that relation in which the single part of the order stands to the whole order, when it is confronted by the whole," whether we consider the single act in relation to the whole character of the individual, or the single individual in his relations to society. "Duty in the abstract is the name which comprehends obligation in all its details; a duty in the concrete is any good act regarded in its relation to the whole. ”

“ And I would ask, in turn, if my old friend had studied history with reference to the principle that, as a rule, human beings do not rise above the standard implied in society’s general estimate of the class to which they belong. ”

“ Thus it will be seen that law and the sentiment of society may each be employed as corrective of the other, and that, consequently, their comparison implies a higher standard than either, by means of which each may be tested, and to which each, in its turn, may be referred. ”

“ Their social units they endow with religious beliefs, moral distinctions, a full-fledged ethical code, a sense of honor and self-respect, various ideals and valuations of conduct, and Heaven knows what besides—all of which, far from being instinctive, are products of education, and by their presence give signal proof that the more delicate devices of control have done their work so well that the cruder and more vigorous machinery need not be put into motion. ”