Petitio principii

“ Whatever we receive intuitively, we receive without proof; and stated as a naked proposition, it must involve a petitio principii. We have a right, however, to object at once to an argument in which the conclusion is more obvious than the premises; and if it lead on to other consequences which we disapprove in themselves, we reject it without difficulty or hesitation. ”

“ Two wrongs certainly do not make a right, but the veritable thing in dispute is whether taking the life of a life-taker is a wrong. So naked and unashamed an example of petitio principii would disgrace a debater in a pinafore. ”

“ Petitio principii (begging the question) or Circulus in probando (arguing in a circle) , which consists in demonstrating a conclusion by means of premises which presuppose that conclusion. Jeremy Bentham points out that this fallacy may lurk in a single word, especially in an epithet, e.g. if a measure were condemned simply on the ground that it is alleged to be “un-English”; (5) Fallacy of the Consequent, really a species of (3) , wherein a conclusion is drawn from premises which do not really support it ”

“ Where, in the land of freemen, was the right of petition ever placed on the exclusive basis of morality and virtue? Petition is supplication—it is entreaty—it is prayer! And where is the degree of vice or immorality which shall deprive the citizen of the right to supplicate for a boon, or to pray for mercy! Where is such a law to be found?... And what does your law say? Does it say that, before presenting a petition, you shall look into it, and see whether it comes from the virtuous, and the great, and the mighty. No, sir; it says no such thing. The right of petition belongs to all. ”

“ The permission by God of a mere human, unsanctioned enterprise, nay, of a mighty, general, protracted, and incurable division among mankind—a system of opposition with all its unhappy consequences, its moral impediments, and its political disasters; such a permission forms, as I have already observed, the great enigma of history—the wonderful secret of the divine decrees in the conduct of mankind, as well as in the conduct of individuals. ”

“ 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. ”

“ Consistent with the law of God and the great law of nature, consistent with pure and abstract right as tempered by necessity and the general interest, as contra-distinguished from the private interest of individuals, it is obligatory upon all, because it is the work of all, the will of all, the solemn judgment of all, from which there is no appeal. ”

“ The jurist answers, on the contrary, that we are punished or rewarded according to the good or bad use that we freely make of our will; that we are paid according to our works, according to justice. This is the eternal debate between the jurist and the theologian, between justice and predestination. ”

“ The extreme improbability that any general rule with regard to the utility of an action will be correct seems, in fact, to be the chief principle which should be taken into account in discussing how the individual should guide his choice. If we except those rules which are both generally practised and strongly sanctioned among us, there seem to be hardly any of such a kind that equally good arguments cannot be found both for and against them. ”

“ The opposition I have appeared in to your Highness's interest has been such, as I have scarce the confidence to be a petitioner to you, though in order to the saving of my life. Sir, God knows what I did did not proceed from any personal ill-will, or animosity to your royal Highness, but merely because I was of opinion, that it was the best way for observing the religion established by law, in which, if I was mistaken, yet I acted sincerely, without any ill end in it. ”

“ 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. ”

“ In short, the peculiarity of Ethical Legislation is to enjoin the performance of certain actions merely because they are Duties, and to make the Principle of Duty itself—whatever be its source or occasion—the sole sufficing motive of the activity of the Will. ”

“ If in the present case we depart from a general rule which everybody must admit to be a very wholesome one, what inference can reasonably be drawn from our conduct, except this, that we think the petition which we are now considering entitled to extraordinary respect, and that we have not fully made up our minds to refuse what the petitioners ask? Now, Sir, I have fully made up my mind to resist to the last the change which they urge us to make in the constitution of the kingdom. ”

“ 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. ”

“ For, as in every process there is some principle, which is the measure of other things, there must be in law some principle or standard which is the Eternal Law, or certain rule of Divine Wisdom, governing all the operations and motions of creatures. ”

“ Although you cannot determine the eternal fate of the individual, you may legislate regarding the conduct of the group, for, where two or three of you agree concerning any of these things and ask of me, it shall be done for you if your petition is not inconsistent with the will of my Father in heaven. ”

“ 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. ”

“ The point before us is not why we are under obligation to do a right act, but why the act is right. Manifestly the rightness of the proposed action is the ground of the obligation to do it; that is, the obligation is grounded on the right. ”

“ No less service will be rendered by the twentieth-century philosophical theory, whatever it is, which puts the jural postulate of civilized society in our day and place with respect to good faith, and its corollary as to promises, in acceptable form, and furnishes jurist and judge and lawmaker with a logical critique, a workable measure of decision and an ideal of what the law seeks to do, whereby to carry forward the process of enlarging the domain of legally enforceable promises and thus enlarging on this side the domain of legal satisfaction of human claims. ”

“ And if, where the divine government is concerned, practice is the expression of principle, and principle the standard and interpreter of practice, such harmony cannot but be maintained and must be asserted. In studying, therefore, fragments of history and sketches of biography--in disposing of references to institutions, usages, and facts in the New Testament, this necessary harmony between principle and practice in the government, should be continually present to the thoughts of the interpreter. Principles assert what practice must be. Whatever principle condemns, God condemns. ”

“ It is scarcely necessary to say, that the phrase, "moral law," is a technical expression of theology, and refers to the Ten Commandments, which are so called, because they define the regulations necessary for the government of the morals and manners of men. ”

“ I now had opinions; a creed, a doctrine, a philosophy; in one among the best senses of the word, a religion; the inculcation and diffusion of which could be made the principal outward purpose of a life. And I had a grand conception laid before me of changes to be effected in the condition of mankind through that doctrine. The Traiti de Legislation wound up with what was to me a most impressive picture of human life as it would be made by such opinions and such laws as were recommended in the treatise. ”

“ The capacity, then, on the part of the individual of conceiving a good as the same for himself and others, and of being determined to action by that conception, is the foundation of rights; and rights are the condition of that capacity being realised. ”

“ These principles, Sir, are, at length, so well known and understood in their practical effects, that they can no longer hope for one enlightened or intelligent advocate, when they appear in their true colours. Yet, with all the horror we all feel, in common with the rest of the World, at the effect of them, with all the confirmed and increasing love and veneration which we feel towards the Constitution of our Country, founded as it is, both in Theory and Experience, on principles directly the reverse ”

“ No sooner is the idea of Universal Order present to the reason, than it is recognized as an absolute law; and, in consequence, the special end of our being, by participation in its character of goodness and sacredness, is henceforth pursued as a duty, and its satisfaction claimed as a right. ”

“ The wants and the faculties of man being given, the laws which are to regulate his conduct must necessarily follow: and though we enacted them, God who has created us with such wants and such faculties, is in truth our sole legislator. In obeying the laws which are conformable to our nature, we render obedience to him who is the author of our nature; and this is that which perfects the morality of actions.’—Page 56. ”

“ Supposing that philosophers can find exquisite reasons for considering the institutions and requirements which have resulted from all this self-seeking and violence to be contributory to the common good of those who have to submit to them, is it not trifling to speak of them as founded on or representing a conception of this good, when no such conception has influenced those who established, maintain, or submit to them? ”

“ 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. ”

“ 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. ”

“ That is, these eternal and necessary differences of things make it fit and reasonable for creatures so to act; they cause it to be their duty, or lay an obligation on them so to do; even separate from the consideration of these Rules being the positive Will or Command of God, and also antecedent to any respect or regard, expectation or apprehension of any particular private and personal Advantage or Disadvantage, Reward or Punishment, either present or future, annexed either by natural consequence, or by positive appointment, to the practising or neglecting of these rules. ”

“ Duty and obligation are the only names that we must give to our relation to the moral law. We are indeed legislative members of a moral kingdom rendered possible by freedom, and presented to us by reason as an object of respect ”

“ It has this characteristic; that it is not only, to the eyes of our intelligence, an universal and necessary truth, but one obligatory on our will. It is A LAW. We do not establish that law ourselves. ”

“ 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. ”

“ 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. ”

“ It is imposed on us despite ourselves: its principle must be without us. It supposes a legislator. He cannot be the being to whom the law applies; but must be one that possesses in the highest degree all the characteristics of moral truth. The moral law, universal and necessary, necessarily has as its author a necessary being—composed of justice and charity, its author must be a being possessing the plenitude of both. ”

“ Among the universal propositions which are not derived from Induction, but which serve as ἀρχαὶ for Deduction and Demonstration, we may reckon the religious, ethical, æsthetical, social, political, &c., beliefs received in each different community, and impressed upon all newcomers born into it by the force of precept, example, authority. Here the major premiss is felt by each individual as carrying an authority of its own, stamped and enforced by the sanction of society, and by the disgrace or other penalties in store for those who disobey it. ”