Moral rights

“ But as regards Positive Morality, or moral rules, some have so far the essentials of an imperative law or rule, that they are rules set by men to men. But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights ”

“ Some of these moral conceptions are that all have common rights, that each owes to all common duties, that there should be no right without duties, and that duties should be proportioned to capabilities. ”

“ But even where it cannot be reformatory in this sense, and over and above its reformatory function in cases where it has one, it has a moral end. Just because punishment by the state has for its direct object the maintenance of rights, it has, like every other function of the state, indirectly a moral object, because true rights, according to our definition, are powers which it is for the general well-being that the individual (or association) should possess, and that well-being is essentially a moral well-being. ”

“ In saying that only among 'persons' can there come to be rights, and that every 'person' should have rights, I have been careful to explain that I use 'person' in the moral, not merely in the legal, sense. ”

“ From right use of such affection or actions as are approved by the moral faculty from their relation to the general good, or the good of particular persons consistently with the general good, he distinguishes the right of a man to do, possess, demand, &c., which exists when his doing, possessing, &c. tend to the good of society, or to his own, consistent with the rights of others and the general good, and when obstructing him would have the contrary tendency. ”

“ Conversely, everyone capable of being determined by the conception of a common good as his own ideal good, as that which unconditionally should be (of being in that sense an end to himself) , in other words, every moral person, is capable of rights; i.e. of bearing his part in a society in which the free exercise of his powers is secured to each member through the recognition by each of the others as entitled to the same freedom with himself. ”

“ In the eye of the law they have rights of appropriation, but in fact they have not the chance of providing means for a free moral life, of developing and giving reality or expression to a good will, an interest in social well-being. ”

“ The growth of the institutions by which more complete equality of rights is gradually secured to a wider range of persons, and of those interests in various forms of social well-being by which the will is moralised, have been related to each other as the outer and inner side of the same spiritual development, though at a certain stage of reflection it comes to be discovered that the agency of force, by which the rights are maintained, is ineffectual for eliciting the moral interests. The result of the twofold process has been the creation of the actual content of morality ”

“ For instance, when we speak of the rights of man in a moral sense, we mean to mark the limits of interference with individual freedom which we think are prescribed by conscience, or by our ideal, however reached. ”

“ The very study of the original man, of his real wants, and the fundamental principles of his duty, is besides the only proper method we can adopt to obviate all the difficulties which the origin of moral inequality presents, on the true foundations of the body politic, on the reciprocal rights of its members, and on many other similar topics equally important and obscure. ”

“ In other words, it is the presumption that a man in his general course of conduct will of his own motion have respect to the common good, which entitles him to rights at the hands of the community. The question of the moral value of the motive which may induce this respect—whether an unselfish interest in common good or the wish for personal pleasure and fear of personal pain—does not come into the account at all. ”

“ If, then, the legislative action must, of necessity, be very imperfect from the moral point of view, we may try what will be the effect of dismissing the moral question altogether, or, at least, reducing it to a secondary place. ”

“ This will also defines his rights; by which we mean those things which other creatures are morally obliged to allow him to have and to do. Man, we repeat, enters existence with these moral relations resting upon him. ”

“ Of course it is possible to undertake to regard the moral law, or such objects as justice, in the same light in which we have just been viewing the facts that result from social law and from convention. ”

“ 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. ”

“ All which, and many kindred facts, make it certain that the operativeness of a moral code depends much more upon the emotions called forth by its injunctions than on the consciousness of the utility of obeying such injunctions. The feelings excited during early life toward moral principles, by witnessing the social sanction and the religious sanction they possess, influence conduct far more than the perception that conformity to such principles conduces to welfare. ”

“ So, to reduce our moral judgments, confusion and all, to small compass, we are free, others are not; they are free, we are not; and our freedom is bound by duty, by duty to the moral law, while their freedom, unless a hopeless lawlessness, is bound by the environment and its law. Again, good and evil are each unmixed, and moral acts serve two masters—that is to say, spring from two sources. ”

“ And, in general, what would be the consequence of the consistent following out of the principle that the true goal is conformity to reality? Assume that, for instance, a man in society is to regulate his actions solely according to the demands that society as a real power makes upon him, in view of his place in the social organism, and that morality thus expresses simply the requirements that the individual must meet if he is to remain a successful member of this social organism. Then, to get your moral code, you are to examine the facts of social life. ”

“ 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. ”

“ Then, if mankind may err, if the right of private judgment is not to be suppressed, if the supposed general experience is not infallible, how can it be moral for me always to follow it even in the teeth of my own judgment? ”

“ There has been, upon the whole, a moral government of the human race. The moral law, the distinction of right and wrong, has been established in every nation; and penalties have been established for wrong-doing. ”

“ It is obvious that here the moral law which is above all relative duties must prevail; and that law depends on no social relation or conception of duty but on the awakened inner perception of man, the moral being. ”

“ We must not allow the doctrine that such freedom consists in a determination of the will by reason, and the recognition of the truth that the requirements of conventional morality are a product of reason as operating in individuals of the past, to mislead us into supposing that there is any moral freedom, or anything of intrinsic value, in the life of conventional morality as governed by 'interested motives,' by the desire, directly or indirectly, to obtain pleasure. There can be no real determination of the will by reason unless both reason and will are operating in one and the same person. ”

“ And this is what we gain by having had, as a people, in the ground of our being, a firm faith in conduct; by having believed, more steadfastly and fervently than most, this great law that moral causes govern the standing and the falling of men and nations. The law gradually widens, indeed, so as to include light as well as honesty and energy; to make light, also, a moral cause. Unless we are transformed we cannot finally stand, and without more light we cannot be transformed. ”

“ And it will be long before social discipline has so far modified human character that reverence for law, as rooted in the moral order of things, will serve in place of reverence for the power which enforces law. ”

“ They concerned the powers and possibilities of man in the crowning endowments of his nature, and in the highest ascent of their evident intention and adaptation. They touched the great problems of personal and social welfare in the most vital relations and decisive interests. So the old sages became moralists and their great themes were the themes of virtue and duty. Not very deeply, however, did they, for centuries, succeed in penetrating the rational principles of the moral life and the authority of the moral judgments. ”

“ Extreme cases in which moral laws may be suspended.—The particular duties, virtues, and laws which society has established and recognized are the expressions of reason and experience declaring the conditions of human well-being. As such they deserve our profoundest respect; our unswerving obedience. Still it is impossible for rules to cover every case. There are legitimate, though very rare, exceptions, even to moral laws and duties. For instance it is a duty to respect the property of others. ”

“ In holding that actual social relations afford the law of what should be, we must not forget that these actual relations have a negative as well as a positive side, and that the new law must be framed in view of the negatives, the deficiencies, the wrongs, the contradictions, as well as of the positive attainments. A moral law, to sum up, is the principle of action, which, acted upon, will meet the needs of the existing situation as respects the wants, powers, and circumstances of the individuals concerned. ”

“ First, it is a voice forever sounding across the centuries the laws of right and wrong. Opinions alter, manners change, creeds rise and fall, but the moral law is written on the tablets of eternity. ”

“ But as the years passed, this truth came to be a part of his consciousness—that in some measure the thing we call custom, or law, or civilization, or society, with all its faults, is the best that man, endowed as he is to-day, can establish, and that the highest service one can pay to man or to God is found in conforming to the social compact, at whatever cost of physical pain, or mental anguish, if the conformation does not require a moral breach. ”

“ 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. ”

“ By the mere force of moral revulsion in England, by the throes of a great civil war engendered by slavery in America, at last the true nature of a moral personality got itself recognized,—the inviolability of personal responsibility, the sanctity of the individual, the sacredness of freedom,—those great principles on which the whole of our public and political life are founded. ”

“ Rash indeed, would be the man, who, if required to dispense, not only with law and usage, but with all religious faith, all distinctions as to the moral worth of types of conduct, all sense of duty, all pride and self-reverence, should undertake to build an orderly and stable society on the spontaneous sympathies and social instincts of men. ”

“ It would be difficult, no doubt, to find instances of attempts to enforce by law actions of which we should say that the value lies in the disposition from which they are done, actions, e.g. of disinterested kindness, because the clear conception of virtue as depending not on outward results, but on disposition, is but slowly arrived at, and has never been reflected in law. But without any strictly moral object at all, laws have been made which check the development of the moral disposition. ”

“ The moral law was a reason inherent in human nature, prescribing what men should do, and forbidding what they should not do: human laws were but appendages of it. [391] In this sense man was a “citizen of the world.” ”

“ By far the greater part of the morality of every age and country has reference to the welfare of society. Even in the most superstitious, sentimental, and capricious despotisms, a very large share of the enactments, political and moral, consist in protecting one man from another, and in securing justice between man and man. ”

“ Morality, in the first instance, is the observance of such regulations, and though a higher morality, the morality of the character governed by 'disinterested motives,' i.e. by interest in some form of human perfection, comes to differentiate itself from this primitive morality consisting in the observance of rules established for a common good, yet this outward morality is the presupposition of the higher morality. Morality and political subjection thus have a common source, 'political subjection' being distinguished from that of a slave, as a subjection which secures rights to the subject. ”

“ Reason, too, in harmony with these laws, shows that the true dignity of Humanity is in the moral and intellectual nature, and that the labors of Justice and Benevolence, directed by intelligence and abasing that part which is in common with beasts, are the highest forms of human conduct. ”