Objective case

“ The Processes implied in a ‘Conscientious’ Decision.—​Therefore, it is plain that before conscience is in a position to pronounce its verdict on the facts of a given case, the cultivated reason must review the pros and cons; the practised judgment must balance these, deciding which have the greater weight. ”

“ 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.” ”

“ In the sacred fact of obligation you touch the immutable, and lay hold, as it were, on the eternities. At the very centre of your being, there is a fixed element, and that of a kind or degree essentially sovereign. A standard is set up in your very thought, by which a great part of your questions are determined, and about which your otherwise random thoughts may settle into order and law. ”

“ In this way, then, it may be possible to prove the general utility, for the present, of those actions, which in our society are both generally recognized as duties and generally practised; but it seems very doubtful whether a conclusive case can be established for any proposed change in social custom, without an independent investigation of what things are good or bad in themselves. ”

“ Upon the whole, those parties whom the decision may concern, will please to decide on which side the force of Reason and Truth shall appear the greatest; and so deciding, it is, in fact, in their own favor, and in one of their most capital concerns, that they will decide. ”

“ But still the theoretic question {194} would remain, What is the ground of the obligation, even here?
In our first essays at answering this question, there is an inevitable tendency to slip into an assumption which ordinary men follow when they are disputing with one another about questions of good and bad. They imagine an abstract moral order in which the objective truth resides ”

“ To select out of an immense number of minor wants, physical, intellectual, and moral, felt in different degrees by different classes, and by a total mass varying in every case, the want that is most pressing, is a task which no legislature can accomplish. ”

“ He who chooses his plan for himself, employs all his faculties. He must use observation to see, reasoning and judgment to foresee, activity to gather materials for decision, discrimination to decide, and when he has decided, firmness and self-control to hold to his deliberate decision. And these qualities he requires and exercises exactly in proportion as the part of his conduct which he determines according to his own judgment and feelings is a large one. ”

“ The remarks of the faculty are founded principally on theory, backed up by an occasional case which might very often be referred to some other cause with equal justice. But who does not know that practice often belies theory, or that theory is frequently at fault? ”

“ These questions of free-will versus law, and the like, are but little, if at all, questions of fact—when we get down to definite facts bearing upon the matter we find little or no disagreement—but of point of view and emphasis. ”

“ 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. ”

“ The terms express two sides in the ethical reality, the first the objective side, the second the subjective. The two imply and call for each other. The right in the contemplated action means obligation or duty in the person. To the right there is always a corresponding duty ”

“ 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? ”

“ To elucidate the matter, let us take the most familiar case in which the indirect judgments of Reason correct the direct judgments of Common Sense. The direct judgment of Common Sense is that the Sun moves round the Earth. ”

“ It is equally a principle of our law, and of common sense, that people must be understood to have contemplated the natural and necessary consequences of their own acts, even if hastily—but by so much the more if deliberately done. ”

“ To perceive the force of this argument, it must be remembered, That, by conscience, is only meant a man’s judgement concerning the quality of his own actions; which judgement, however come at, whether by use, or institution, by reason, or instinct, equally supposes some Law, or Rule of conduct, by which the nature of each action is tried, and by which its worth is estimated. ”

“ When inclination and motives are both excluded, nothing remains to determine Will, except Law objectively; and, subjectively, pure respect for a law of practice—i.e., the maxim to follow such a law, even at the sacrifice of every inclination. ”

“ That seems to us to be the common sense of the matter; and common sense often makes good law. ”

“ Process (2) , which may be called a reconciliation of reason with itself, because it is the appropriation by reason as a personal principle in the individual of the work which reason, acting through the media of other persons, has already achieved in the establishment of conventional morality, is the condition of the third stage in which the moral progress of the individual consists; viz. the growth of a personal interest in the realisation of an idea of what should be, in doing what is believed to contribute to the absolutely desirable, or to human perfection, because it is believed to do so. ”

“ As little, too, would I be thought to favor the presumptuous decisions of individuals, which, adopting a peculiar principle, or, as it is styled, a higher point of view, even though occasionally it does justice to each in part, yet on the whole materially wrongs them both. ”

“ What do you mean by the words 'the good cause?' We are defending at this moment, in England, five or six causes, which does not prevent every one from considering his own not only as the good cause, but as the best. ”

“ The truth of these particularities and the concrete unity of their formalism is the content of the universal, essential and actual, will,—the law and underlying essence of every phase of volition, the essential and actual good. It is thus the absolute final aim of the world, and duty for the agent who ought [pg 116] to have insight into the good, make it his intention and bring it about by his activity. ”

“ Let us see how, in these special classes of cases, we shall succeed in verifying the natural presupposition of common sense, which regards error as possible only when our object is not wholly present to mind, and which assumes that a judgment can have an object that is yet only partially present to mind. In choosing the classes of cases, we shall first follow common sense as to their definition. We shall take just the assumptions of daily life, and shall show that they lead us into difficulty. We are not for the first bound to explain why these assumptions are made. ”

“ The will or action of the individuals is the intermediating force which procures for these needs satisfaction in society, in law, &c., and which gives to society, law, &c. their fulfilment and actualisation. ”

“ The choice that is finally made between the right, the expedient, and the wrong is determined by a variety of considerations—by conflicting emotions, by the balancing of probabilities and inclinations, by the degree or kind of temptation, by the presence or absence of witnesses, especially human, by other specialties of an animal's position, by the nature and extent of its moral training, by the character of the rewards and punishments offered on previous occasions. ”

“ In the moral sphere, with which alone we are concerned, right means always the relation of the universal to the particular will. The emphasis is on the universal. Possibility of discrepancy with a conscious subject makes law here command. ”

“ There are cases when, with a clear consciousness of the rectitude of our purpose, and a strong confidence in the justice of our judgment, we must step over all human laws, be the result to ourselves what it may. ”

“ To judge accurately of motives and intentions does not require a master's skill in the science of the law. It depends more on a knowledge of the passions, and of the springs of human action, and may be the lot of ordinary experience and sagacity.' 3 Johns. ”

“ This consideration counsels lenity as to persons, such as is demanded by the humane and enlightened spirit of our times, and vigor and firmness in the carrying out of principles, such as is demanded by the national sense of justice and the exigencies of our situation. ”

“ Now our very power to make the whole of Being our problem, already implies that the object of our inquiry, whatever it proves to contain, has as the fulfilment of one idea, the constitution of a single life of concrete fulfilment. ”

“ Our examination, extended as it may seem to have been, has been called for by the importance of a subject most intimately connected with the rights and happiness of individuals, as it is with the quiet and good order of society. ”

“ There are in the world, in fact, two different laws of conduct each valid on its own plane, the rale principally dependent on external status and the rule independent of status and entirely dependent on the thought and conscience. ”

“ Under these circumstances, the thought must unavoidably develop that that for which all are to be held responsible must, when the need arises, be made the subject of inquiry and action on the part of all. ”

“ The answer to this question arises out of the above consideration of the means which law employs to obtain the fulfilment of obligations, combined with the view of law as relative to a moral end, i.e. the formation of a society of persons, acting from a certain disposition, from interest in the society as such. ”

“ And in this examination we shall see whether there is any custom, any action, any system, or practice, or habit, any general approval or disapproval on the part of mankind in general, from which circumstance some suspicion at times arises. ”

“ It would ill have become me to undertake a subject, on which points of dispute have arisen among persons so far above me in authority and name, in relation to a state of society, about which I have so much to learn, if it involved an appeal to sacred truths, or the determination of some imperative rule of conduct. ”

“ For when we effectively observe the law, with true moral adhesion and in thorough sincerity, the law becomes part of ourselves, and our actions are the direct results of our convictions,—of the necessity of our convictions. ”

“ The faculties of the mind, if they have not then attained to their highest maturity, are in full vigour, and hastening towards their ripest state. The judgment, acting upon large materials, has, by that time, attained a solid cast; and the principles, which form the character, and the integrity, which gives lustre to the virtues of life, must then, if ever, have acquired public confidence and approbation. ”

“ Let those who would study well this social question, or who in public trusts are charged with its solution, be most careful here. Every motive in the minds of these people, whether of instinct, desire, or duty, must be addressed. ”

“ All relevant material must be marshaled and sorted and forthrightly examined. We must not only be precise as to the standards of judgment that we are utilizing, but exacting in examining the relevant material in light of those standards. ”

“ The answer is, that the objects of thought about which we make judgments are suppositions, and our judgments {88} concern their fulfilment, and their fulfilment is a relation external to them—it is their agreement or disagreement with reality. ”

“ The fundamental principles of docility and authority have been considered in the first place because they are fundamental; but, for that very reason, they should be present but not in evidence : we do not expose the foundations of our house. ”

“ Those who have dispensed with the assumption of such a universal standard, have only been enabled to do so by supposing that a moral sense, or instinct, inherent in our constitution, informs us, both what principles of conduct we are bound to observe, and also in what order these should be subordinated to one another. ”