The Data of Ethics - Spencer Herbert

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in the absence of society; holding that under any kind of government a better life is possible than in the state of nature. Now whether we accept the gratuitous and baseless theory that men surrendered their liberties to a sovereign power of some kind, with a view to the promised increase of satisfactions; or whether we accept the rational theory, inductively based, that a state of political subordination gradually became established through experience of the increased satisfactions derived under it; it equally remains obvious that the acts of the sovereign power have no other warrant than their subservience to the purpose for which it came into existence. The necessities which initiate government, themselves prescribe the actions of government. If its actions do not respond to the necessities, they are unwarranted. The authority of law is, then, by the hypothesis, derived; and can never transcend the authority of that from which it is derived. If general good, or welfare, or utility, is the supreme end, and if State enactments are justified as means to this supreme end, then, State enactments have such authority only as arises from conduciveness to this supreme end. When they are right, it is only because the original authority endorses them; and they are wrong if they do not bear its endorsement. That is to say, conduct cannot be made good or bad by law; but its goodness or badness is to the last determined by its effects as naturally furthering, or not furthering, the lives of citizens.

      Still more when considered in the concrete, than when considered in the abstract, do the views of Hobbes and his disciples prove to be inconsistent. Joining in the general belief that without such security for life as enables men to go fearlessly about their business, there can be neither happiness nor prosperity, individual or general, they agree that measures for preventing murder, manslaughter, assault, etc., are requisite; and they advocate this or that penal system as furnishing the best deterrents: so arguing, both in respect of the evils and the remedies, that such and such causes will, by the nature of things, produce such and such effects. They recognize as inferable à priori, the truth that men will not lay by property unless they can count with great probability on reaping advantages from it; that consequently where robbery is unchecked, or where a rapacious ruler appropriates whatever earnings his subjects do not effectually hide, production will scarcely exceed immediate consumption; and that necessarily there will be none of that accumulation of capital required for social development, with all its aids to welfare. In neither case, however, do they perceive that they are tacitly asserting the need for certain restraints on conduct as deducible from the necessary conditions to complete life in the social state; and are so making the authority of law derivative and not original.

      If it be said by any belonging to this school that certain moral obligations, to be distinguished as cardinal, must be admitted to have a basis deeper than legislation, and that it is for legislation not to create but merely to enforce them – if, I say, admitting this, they go on to allege a legislative origin for minor claims and duties; then we have the implication that whereas some kinds of conduct do, in the nature of things, tend to work out certain kinds of results, other kinds of conduct do not, in the nature of things, tend to work out certain kinds of results. While of these acts the naturally good or bad consequences must be allowed, it may be denied of those acts that they have naturally good or bad consequences. Only after asserting this can it be consistently asserted that acts of the last class are made right or wrong by law. For if such acts have any intrinsic tendencies to produce beneficial or mischievous effects, then these intrinsic tendencies furnish the warrant for legislative requirements or interdicts; and to say that the requirements or interdicts make them right or wrong is to say that they have no intrinsic tendencies to produce beneficial or mischievous effects.

      Here, then, we have another theory betraying deficient consciousness of causation. An adequate consciousness of causation yields the irresistible belief that from the most serious to the most trivial actions of men in society, there must flow consequences which, quite apart from legal agency, conduce to well-being or ill-being in greater or smaller degrees. If murders are socially injurious whether forbidden by law or not – if one man's appropriation of another's gains by force brings special and general evils, whether it is or is not contrary to a ruler's edicts – if non-fulfillment of contract, if cheating, if adulteration, work mischiefs on a community in proportion as they are common, quite irrespective of prohibitions; then, is it not manifest that the like holds throughout all the details of men's behavior? Is it not clear that when legislation insists on certain acts which have naturally beneficial effects, and forbids others that have naturally injurious effects, the acts are not made good or bad by legislation; but the legislation derives its authority from the natural effects of the acts? Non-recognition of this implies non-recognition of natural causation.

      § 20. Nor is it otherwise with the pure intuitionists, who hold that moral perceptions are innate in the original sense – thinkers whose view is that men have been divinely endowed with moral faculties; not that these have resulted from inherited modifications caused by accumulated experiences.

      To affirm that we know some things to be right and other things to be wrong, by virtue of a supernaturally given conscience; and thus tacitly to affirm that we do not otherwise know right from wrong; is tacitly to deny any natural relations between acts and results. For if there exist any such relations, then we may ascertain by induction, or deduction, or both, what these are. And if it be admitted that because of such natural relations, happiness is produced by this kind of conduct, which is therefore to be approved, while misery is produced by that kind of conduct, which is therefore to be condemned; then it is admitted that the rightness or wrongness of actions are determinable, and must finally be determined, by the goodness or badness of the effects that flow from them; which is contrary to the hypothesis.

      It may, indeed, be rejoined that effects are deliberately ignored by this school; which teaches that courses recognized by moral intuition as right, must be pursued without regard to consequences. But on inquiry it turns out that the consequences to be disregarded are particular consequences, and not general consequences. When, for example, it is said that property lost by another ought to be restored, irrespective of evil to the finder, who possibly may, by restoring it, lose that which would have preserved him from starvation, it is meant that in pursuance of the principle, the immediate and special consequences must be disregarded, not the diffused and remote consequences. By which we are shown that though the theory forbids overt recognition of causation, there is an unavowed recognition of it.

      And this implies the trait to which I am drawing attention. The conception of natural causation is so imperfectly developed that there is only an indistinct consciousness that throughout the whole of human conduct necessary relations of causes and effects prevail, and that from them are ultimately derived all moral rules, however much these may be proximately derived from moral intuitions.

      § 21. Strange to say, even the utilitarian school, which, at first sight, appears to be distinguished from the rest by recognizing natural causation, is, if not so far from complete recognition of it, yet very far.

      Conduct, according to its theory, is to be estimated by observation of results. When, in sufficiently numerous cases, it has been found that behavior of this kind works evil while behavior of that kind works good, these kinds of behavior are to be judged as wrong and right respectively. Now though it seems that the origin of moral rules in natural causes, is thus asserted by implication, it is but partially asserted. The implication is simply that we are to ascertain by induction that such and such mischiefs or benefits do go along with such and such acts; and are then to infer that the like relations will hold in future. But acceptance of these generalizations and the inferences from them does not amount to recognition of causation in the full sense of the word. So long as only some relation between cause and effect in conduct is recognized, and not the relation, a completely scientific form of knowledge has not been reached. At present, utilitarians pay no attention to this distinction. Even when it is pointed out they disregard the fact that empirical utilitarianism is but a transitional form to be passed through on the way to rational utilitarianism.

      In a letter to Mr. Mill, written some sixteen years ago, repudiating the title anti-utilitarian, which he had applied to me (a letter subsequently published in Mr. Bain's work on Mental and Moral Science), I endeavored to make clear the difference above indicated; and I must here quote certain passages from that letter.

      The view for which I contend is, that Morality, properly so-called – the science of right conduct

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