Another metaphorical extension is to a model or pattern, because a law presents something as a guide to human conduct. In this sense, a man may set a law to himself, meaning a plan or model, and not a law in the proper sense of a command. So a _rule_ of art is devoid of a sanction, and therefore of the idea of duty.

A confusion of ideas also exists as to the meaning of a sanction.

Bentham styles the evils arising in the course of nature _physical_ sanctions, as if the omission to guard against fire were a sin or an immorality, punished by the destruction of one"s house. But although this is an evil happening to a rational being, and brought on by a voluntary act or omission, it is not the result of a law in the proper sense of the term. What is produced _naturally_, says Locke, is produced _without the intervention of a law_.

Austin is thus seen to be one of the most strenuous advocates of Utility as the Standard, and is distinguished for the lucidity of his exposition, and the force of his replies to the objections made against it.

He is also the best expounder of the relationship of Morality to Law.

WILLIAM WHEWELL. [1794-1866.]

Dr. Whewell"s chief Ethical works are, "Elements of Morality, including Polity," and "Lectures on the History of Moral Philosophy in England."

We may refer for his views to either work. The following abstract is taken from the latest (4th) edition of his Elements (1864).

In the Preface he indicates the general scope of the work. Morality has its root in the Common Nature of Man; a scheme of Morality must conform to the _Common Sense_ of mankind, in so far as that is consistent with itself. Now, this Common Sense of Mankind has in every age led to two seemingly opposite schemes of Morality, the one making _Virtue_, and the other making _Pleasure_, the rule of action. On the one side, men urge the claims of Rect.i.tude, Duty, Conscience, the Moral Faculty; on the other, they declare Utility, Expediency, Interest, Enjoyment, to be the proper guides.

Both systems are liable to objections. Against the scheme of Pleasure, it is urged that we never, in fact, identify virtue as merely useful.

Against the scheme of Virtue, it is maintained that virtue is a matter of opinion, and that Conscience varies in different ages, countries, and persons. It is necessary that a scheme of Morality should surmount both cla.s.ses of objections; and the author therefore attempts a reconciliation of the two opposing theories.

He prepares the way by asking, whether there are any actions, or qualities of actions, universally approved; and whether there are any moral rules accepted by the Common Sense of mankind as universally valid? The reply is that there are such, as, for example, the virtues termed Veracity, Justice, Benevolence. He does not enquire _why_ these are approved; he accepts the fact of the approval, and considers that here we have the basis of a Moral System, not liable to either of the opposing objections above recited.

He supposes, however, that the alleged agreement may be challenged, _first_, as not existing; and _next_, as insufficient to reason from.

1. It may be maintained that the excellence of the three virtues named is not universally a.s.sented to; departures from them being allowed both in practice and in theory. The answer is, that the principles may be admitted, although the interpretation varies. Men allow Fidelity and Kindness to be virtues, although in an early stage of moral progress they do not make the application beyond their own friends; it is only at an advanced stage that they include enemies. The Romans at first held stranger and enemy to be synonymous; but afterwards they applauded the sentiment of the poet, _h.o.m.o sum_, &c. Moral principles must be what we approve of, when we speak in the name of the whole human species.

2. It may be said that such principles are too vague and loose to reason from. A verbal agreement in employing the terms _truthful, just, humane_, does not prove a real agreement as to the actions; and the particulars must be held as explaining the generalities.

The author holds this objection to be erroneous; and the scheme of his work is intended to meet it. He proceeds as follows:--

He allows that we must fix what is meant by _right_, which carries with it the meaning of Virtue and of Duty. Now, in saying an action is right, there is this idea conveyed, namely, that we render such a _reason_ for it, as shall be _paramount_ to all other considerations.

Right must be the _Supreme_ Rule. How then are we to arrive at this rule?

The supreme rule is the authority over _all_ the faculties and impulses; and is made up of the partial rules according to the separate faculties, powers, and impulses. We are to look, in the first instance, to the several faculties or departments of the mind; for, in connexion with each of these, we shall find an irresistible propriety inherent in the very nature of the faculty.

For example, man lives in the society of fellow-men; his actions derive their meaning from this position. He has the faculty of Speech, whereby his actions are connected with other men. Now, as man is under a supreme moral rule, [this the author appears to a.s.sume in the very act of proving it], there must be a rule of right as regards the use of Speech; which rule can be no other than truth and falsehood. In other words, veracity is a virtue.

Again, man, as a social being, has to divide with others the possession of the world, in other words, to possess Property; whence there must be a rule of Property, that is, each man is to have his own. Whence Justice is seen to be a virtue.

The author thinks himself at one with the common notions of mankind in p.r.o.nouncing that the Faculty of Speech, the Desire of Possessions, and the Affections, are properly regulated, not by any extraneous purposes or ends to be served by them, but by Veracity, Justice, and Humanity, respectively.

He explains his position farther, by professing to follow Butler in the doctrine that, through the mere contemplation of our human faculties and springs of action, we can discern certain relations which must exist among them by the necessity of man"s moral being. Butler maintains that, by merely comparing appet.i.te with conscience as springs of action, we see conscience is superior and ought to rule; and Whewell conceives this to be self-evident, and expresses it by stating that _the Lower parts of our nature are to be governed by the Higher_. Men being considered as social beings, capable of mutual understanding through speech, it is self-evident that their rule must include veracity. In like manner, it is self-evident from the same consideration of social relationship, that each man should abstain from violence and anger towards others, that is, _love his fellow men_.

Remarking on the plea of the utilitarian, that truth may be justified by the intolerable consequences of its habitual violation, he urges that this is no reason against its being intuitively perceived; just as the axioms of geometry, although intuitively felt, are confirmed by showing the incongruities following on their denial. He repeats the common allegation in favour of _a priori_ principles generally, that no consideration of evil consequences would give the sense of _universality_ of obligation attaching to the fundamental moral maxims; and endeavours to show that his favourite ant.i.thesis of _Idea_ and _Fact_ conciliates the internal essence and the external conditions of morality. The Idea is invariable and universal; the Fact, or outward circ.u.mstances, may vary historically and geographically. Morality must in some measure be dependent on Law, but yet there is an Idea of Justice above law.

It very naturally occurred to many readers of Whewell"s scheme, that in so far as he endeavours to give any reason for the foundations of morality, he runs in a vicious circle. He proposes to establish his supreme universal rule, by showing it to be only a summing up of certain rules swaying the several portions or departments of our nature--Veracity, Justice, &c., while, in considering the obligation of these rules, he a.s.sumes that man is a moral being, which is another way of saying that he is to be under a supreme moral rule. In his latest edition, the author has replied to this charge, but so briefly as to cast no new light on his position. He only repeats that the Supreme rule of Human Action is given by the const.i.tution and conditions of human nature. His ethical principle may be not unfairly expressed by saying, that he recognizes a certain intrinsic fitness in exercising the organ of speech according to its social uses, that is, in promoting a right understanding among men; and so with Justice, as the fitness of property, and Humanity, as the fitness of the Affections. This fitness is intuitively felt. Human happiness is admitted to be a consequence of these rules; but happiness is not a sufficient end in itself; morality is also an end in itself. Human happiness is not to be conceived or admitted, except as containing a moral element; in addition to the direct gratifications of human life, we must include the delight of virtue. [How men can be compelled to postpone their pleasurable sense of the good things of life, till they have contracted a delight in virtue for its own sake, the author does not say. It has been the great object of moralists in all ages, to impart by _education_ such a state of mind as to spoil the common gratifications, if they are viciously procured; the comparatively little success of the endeavour, shows that nature has done little to favour it.]

The foregoing is an abstract of the Introduction to the 4th Edition of the Elements of Morality. We shall present the author"s views respecting the other questions of Morality in the form of the usual summary.

I.--As regards the Standard, enough has been already indicated.

II.--The Psychology of the Moral Faculty is given by Whewell as part of a cla.s.sification of our Active Powers, or, as he calls them, Springs of Action. These are: I.--The _Appet.i.tes_ or Bodily Desires, as Hunger and Thirst, and the desires of whatever things have been found to gratify the senses. II.--The _Affections_, which are directed to persons; they fall under the two heads Love and Anger. III.--The _Mental Desires_, having for their objects certain abstractions. They are the desire of Safety, including Security and Liberty; the desire of Having, or Property; the desire of Society in all its forms--Family Society and Civil Society, under which is included the need of Mutual Understanding; the desire of Superiority; and the Desire of Knowledge.

IV.--The _Moral Sentiments_. Our judgment of actions as right or wrong is accompanied by certain Affections or Sentiments, named Approbation and Disapprobation, Indignation and Esteem; these are the Moral Sentiments. V.--The _Reflex Sentiments_, namely, the desires of being Loved, of Esteem or Admiration, of our own Approval; and generally all springs of action designated by the word _self_--for example, self-love.

With regard to the Moral Sentiment, or Conscience, in particular, the author"s resolution of Morality into Moral Rules, necessarily supposes an exercise of the Reason, together with the Affections above described. He expressly mentions "the _Practical_ Reason, which guides us in applying Rules to our actions, and in discerning the consequences of actions." He does not allow Individual Conscience as an ultimate or supreme authority, but requires it to be conformed to the Supreme Moral Rules, arrived at in the manner above described.

On the subject of Disinterestedness, he maintains a modification of Paley"s selfish theory. He allows that some persons are so far disinterested as to be capable of benevolence and self-sacrifice, without any motive of reward or punishment; but "to require that all persons should be such, would be not only to require what we certainly shall not find, but to put the requirements of our Morality in a shape in which it cannot convince men." Accordingly, like Paley, he places the doctrine that "to promote the happiness of others will lead to our own happiness," exclusively on the ground of Religion. He honours the principle that "virtue _is_ happiness," but prefers for mankind generally the form, "virtue _is the way_ to happiness." In short, he places no reliance on the purely Disinterested impulses of mankind, although he admits the existence of such.

III.--He discusses the Summum Bonum, or Happiness, only with reference to his Ethical theory. The attaining of the objects of our desires yields Enjoyment or Pleasure, which cannot be the supreme end of life, being distinguished from, and opposed to, Duty. Happiness is Pleasure and Duty combined and harmonized by Wisdom. "As moral beings, our Happiness must be found in our Moral Progress, and in the consequences of our Moral Progress; we must be happy by being virtuous."

He complains of the moralists that reduce virtue to Happiness (in the sense of human pleasure), that they fail to provide a measure of happiness, or to resolve it into definite elements; and again urges the impossibility of calculating the whole consequences of an action upon human happiness.

_IV_.--With respect to the Moral Code, Whewell"s arrangement is interwoven with his derivation of moral rules. He enumerates five Cardinal Virtues as the substance of morality:--BENEVOLENCE, which gives expansion to our _Love_; JUSTICE, as prescribing the measure of our _Mental Desires_; TRUTH, the law of _Speech_ in connexion with its purpose; PURITY, the control of the _Bodily Appet.i.tes_; and ORDER (obedience to the Laws), which engages the _Reason_ in the consideration of Rules and Laws for defining Virtue and Vice. Thus the five leading branches of virtue have a certain parallelism to the five chief cla.s.ses of motives--Bodily Appet.i.tes, Mental Desires, Love and its opposite, the need of a Mutual Understanding, and Reason.

As already seen, he considers it possible to derive every one of these virtues from the consideration of man"s situation with reference to each:--_Benevolence_, or Humanity, from our social relationship; _Justice_, from the nature of Property; _Truth_, from, the employment of Language for mutual Understanding; _Purity_, from considering the lower parts of our nature (the Appet.i.tes) as governed by the higher; and _Order_, from the relation of Governor and Governed. By a self-evident, intuitive, irresistible consideration of the circ.u.mstances of the case, we are led to these several virtues in the detail, and their sum is the Supreme Rule of Life.

Not content with these five express moral principles, he considers that the Supreme Law requires, as adjuncts, two other virtues; to these he gives the names EARNESTNESS, or Zeal, and MORAL PURPOSE, meaning that everything whatsoever should be done for _moral ends_.

V.--The relation of Ethics to Politics in Whewell"s system is one of intimacy, and yet of independence. The Laws of States supply the materials of human action, by defining property, &c., for the time being; to which definitions morality must correspond. On the other hand, morality supplies the Idea, or ideal, of Justice, to which the Laws of Society should progressively conform themselves. The Legislator and the Jurist must adapt their legislation to the point of view of the Moralist; and the moralist, while enjoining obedience to their dictates, should endeavour to correct the inequalities produced by laws, and should urge the improvement of Law, to make it conformable to morality. The Moral is in this way contrasted with the _Jural_, a useful word of the author"s coining. He devotes a separate Book, ent.i.tled "Rights and Obligations," to the foundations of Jurisprudence.

He makes a five-fold division of Rights, grounded on his cla.s.sification of the Springs of Human Action; Rights of _Personal Security, Property, Contract, Marriage, Government_; and justifies this division as against others proposed by jurists.

VI.--He introduces the Morality of Religion as a supplement to the Morality of Reason. The separation of the two, he remarks, "enables us to trace the results of the moral guidance of human Reason consistently and continuously, while we still retain a due sense of the superior authority of Religion." As regards the foundations of Natural and Revealed Religion, he adopts the line of argument most usual with English Theologians.

JAMES FREDERICK FERRIER. [1808-64.]

In his "Lectures on Greek Philosophy" (Remains, Vol. I.), Ferrier has indicated his views on the leading Ethical controversies.

These will appear, if we select his conclusions, on the three following points:--The Moral Sense, the nature of Sympathy, and the Summum Bonum.

1. He considers that the Sophists first distinctly broached the question--What is man by nature, and what is he by convention or fashion?

"This prime question of moral philosophy, as I have called it, is no easy one to answer, for it is no easy matter to effect the discrimination out of which the answer must proceed. It is a question, perhaps, to which no complete, but only an approximate, answer can be returned. One common mistake is to ascribe more to the natural man than properly belongs to him, to ascribe to him attributes and endowments which belong only to the social and artificial man. Some writers--Hutcheson, for example, and he is followed by many others--are of opinion that man naturally has a conscience or moral sense which discriminates between right and wrong, just as he has naturally a sense of taste, which distinguishes between sweet and bitter, and a sense of sight, which discriminates between red and blue, or a sentient organism, which distinguishes between pleasure and pain. That man has by nature, and from the first, the possibility of attaining to a conscience is not to be denied. That lie has within him by birthright something out of which conscience is developed, I firmly believe; and what this is I shall endeavour by-and-by to show when I come to speak of Sokrates and his philosophy as opposed to the doctrines of the Sophists. But that the man is furnished by nature with a conscience ready-made, just as he is furnished with a ready-made sensational apparatus, this is a doctrine in which I have no faith, and which I regard as altogether erroneous. It arises out of the disposition to attribute more to the natural man than properly belongs to him. The other error into which inquirers are apt to fall in making a discrimination between what man is by nature, and what he is by convention, is the opposite of the one just mentioned. They sometimes attribute to the natural man less than properly belongs to him. And this, I think, was the error into which the Sophists were betrayed.

They fall into it inadvertently, and not with any design of embracing or promulgating erroneous opinions."

2. With reference to SYMPATHY, he differs from Adam Smith"s view, that it is a native and original affection of the heart, like hunger and thirst. Mere feeling, he contends, can never take a man out of self.

It is thought that overleaps this boundary; not the _feeling_ of sensation, but the _thought_ of one"s self and one"s sensations, gives the ground and the condition of sympathy. Sympathy has self-consciousness for its foundation. Very young children have little sympathy, because in them the idea of self is but feebly developed.

3. In his chapter on the Cynic and Cyrenaic schools, he discusses at length the summum bonum, or Happiness, and, by implication, the Ethical end, or Standard. He considers that men have to keep in view _two_ ends; the one the maintenance of their own nature, as rational and thinking beings; the other their happiness or pleasure. He will not allow that we are to do right at all hazards, irrespective of utility; yet he considers that there is something defective in the scheme that sets aside virtue as the good, and enthrones happiness in its place. He sums up as follows:--

"We thus see that a complete body of ethics should embrace two codes, two systems of rules, the one of which we may call the fundamental or antecedent, or under-ground ethics, as underlying the other; and the other of which we may call the upper or subsequent, or above-ground ethics, as resting on, and modified by the former. The under-ground ethics would inculcate on man the necessity of being what he truly is, namely, a creature of reason and of thought; in short, the necessity of being a man, and of preserving to himself this status. Here the end is virtue, that is, the life and health of the soul, and nothing but this.

The above-ground ethics would inculcate on man the necessity of being a _happy_ man.

It is not enough for man _to be_; he must, moreover, if possible, _be happy_. The fundamental ethics look merely to his being, _i.e._, his being rational; the upper ethics look princ.i.p.ally to his being happy, but they are bound to take care that in all his happiness he does nothing to violate his rationality, the health and virtue of the soul."

HENRY LONGUEVILLE/MANSEL.

Mr. Mansel, in his "Metaphysics," has examined the question of a moral standard, and the nature of the moral faculty, accepting, with slight and unimportant modifications, the current theory of a moral sense.

1. _The Moral Faculty_. That the conceptions of right and wrong are _sui generis_, is proved (1) by the fact that in all languages there are distinct terms for "right" and "agreeable;" (2) by the testimony of consciousness; and (3) by the mutual inconsistencies of the antagonists of a moral sense. The moral faculty is not identical with Reason; for the understanding contributes to truth only one of its elements, namely, the concept; in addition, the concept must agree with the fact as presented in intuition. The moral sense is usually supposed to involve the perception of qualities only in so far as they are _pleasing_ or _displeasing_. To this representation Mr. Mansel objects.