CHAPTER VIII

MORALITY AND LAW

With the dazzling light of his originality still shining before our

eyes, it is impossible to fix our attention upon those doctrines and

classifications which Vico drew from the traditional philosophy and

placed especially in the first book of the _Diritto universale_: though

it is precisely these that have become favourites with many readers,

and are now almost common property through the frequent quotation of

them. That God is "infinite power knowledge and will" (_posse nosse

velle infinitum_) and man "finite power knowledge and will struggling

towards the infinite" (_posse nosse velle finitum quod tendit ad

infinitum_): that the state is the image of God, and because "it has

all things beneath it, nothing above" (_omnia infra se, nil superius

habet_), therefore "it renders account to God alone and to no one else"

(_uni Deo, praeterea reddat rationem nemini_), and that just as in God

freedom is inherent in his eternal reason, so the state freely obeys

the laws it has itself established: that justice "directs and equates

utilities" (_utilitates dirigit et exaequat_), directing, like an

architect, in the building-up of the state, the two particular kinds

of justice, commutative and distributive, the two divine artisans that

measure utility with the two divine measures, arithmetic and geometry,

so that "what is equal when you measure is also just when you choose"

(_quod est aequum cum metiris, idem est iustum quum eligis_), these

and similar assertions seem not merely lacking in originality but

even false or meaningless, adorned though they may be with the name

either of Aristotle or of Campanella or of other philosophers of the

ancient world or the Renaissance. If, to take one, justice consisted

in measuring, a philosophy of justice would be unnecessary, for the

science of calculation and measurement would be enough. Vico himself at

one point involuntarily and ingenuously discloses the vicious circle

of this metaphor substituted for a concept, by saying that men ought

"to share utility equally among themselves, only preserving a _just_

difference where it is a question of desert, and that to preserve the

equality."

More profitable than collecting these second-hand formulae would be to

collect the many acute observations of moral psychology found here and

there in his writings, expressed in his gem-like style; or to recall

his little-known theory of laughter, which he derives from disappointed

expectation and from the weakness of the mind, and therefore denies

the faculty both to animals and to the perfect man, considering a man

who laughs to be a satyr or faun, intermediate between a brute and a

man. But abstaining from such a collection, which forms no part of our

plan, we would rather observe that even in the commonplace distinctions

and classifications mentioned above Vico shows a certain merit: he

recognises, even while he propounds them, the necessary confusion

and identification of all or many of these distinctions. Thus after

distinguishing the two kinds of justice, the three kinds of virtue and

the three kinds of law, he ends by declaring that these dualities,

triplicities and multiplicities each form a unity.

Justice and virtue also, for Vico, form a unity, since that power of

truth, or human reason, which is virtue in so far as it struggles

with selfishness, is also justice in so far as it directs or equates

utilities. This implies that Vico does not distinguish, at least in the

systematic exposition of the _Diritto universale,_ between law and

morality: a distinction which indeed received little emphasis in the

doctrine of natural rights, and is barely indicated in Grotius, for

instance, as one between a greater and less degree of morality. Vico's

doctrine of punishment is also purely moral, and deduced from the

ethical concept of remorse. It is inflicted, he says, by the law, and

is nothing but a social reinforcement of the individual conscience, in

the case where the offender does not himself expiate his crime by means

of remorse and internal punishment.

But the more the problem of the relation between law and morality is

absent in Vico's theoretical formulation and systematic treatment,

the more present it is in his particular observations; indeed it may

be said to pervade the whole of the New Science. Nor could it be

otherwise, seeing that this relation refers to the distinction between

the moral will and the inferior or earlier forms of will; and we know

that all Vico's tendencies were towards exploring the lower and obscure

region of the mind, both cognitive and practical, in the sphere alike

of imagination, will and passion.

He always realised the supreme importance of the passions; and if

he could not approve of giving them the upper hand, if he always

considered the Epicurean morality a morality "of idlers shut up in

their pleasure-gardens," he did not at all approve of excessively

severe moralities such as that of the Stoics, which was no less than

the other a morality of "solitaries," not one for men living in a

state. Stoicism certainly preaches an eternal and immutable justice,

and makes honour the criterion of human action; but it does violence

to human nature, dehumanises it, annuls it and drives it to despair by

pretending that it is quite insensible to the passions, by ignoring

the utility and necessity of the bodily nature, by inculcating that

rule--a rule "harder than iron"--that sins are all equal and that he

who strikes a slave is as guilty as he who kills his father. The

same doubts must have been aroused in Vico's mind by Jansenism, as he

complains that "out of hatred of probability, Christian morality in

France is becoming rigidified." We ought to follow not these solitary

philosophers but rather those political ones, especially the Platonic

type, which recognises that the passions should be not eradicated but

moderated and "converted into human virtues." Thus out of cruelty,

avarice and ambition, the three universal faults of mankind, Providence

elicits the warrior, the merchant and the judge; the bravery, wealth

and wisdom of states. From these three failings, which would destroy

mankind on the earth, civil prosperity is formed.

Concerning matters of utility, Vico observes that "in themselves," _ex

se,_ they are neither good nor bad (_neque turpes neque honestae_) but

become so merely through their relation to the moral consciousness

("but their unfairness is baseness, their fairness, honour: _sed

earum inaequalitas est turpitudo, acqualitas autem honestas_"). In

the empirical science of utility, he defends against Grotius a "prior

natural law," _ius naturale prius,_ to which belong self-defence and

the procreation and upbringing of children: and this right he connects

with the Stoic _ἀδιάφορον._ That it has no moral authority is proved

by the fact that the law which follows it in the historical order, the

"posterior natural law," _ius naturale posterius,_ defined by Justinian

as "that which is established among all men by natural reason and is

preserved by all nations alike" (_quod naturalis ratio inter omnes

homines constituit et apud omnes gentes per aeque custoditur_), is

prior in the order of right, _prius iure,_ overcomes the former when

they conflict and sets upon it the seal of immutability. Now, although

this first natural law is defined and exemplified in a merely empirical

manner, it is surely at bottom nothing but pure law, law not yet

moralised.

But it is upon the concept of "certitude" that law as distinct from

morality properly, according to Vico, rests. The word certitude is used

by him in many senses, neither clearly distinguished nor harmonised nor

deduced one from another: though they all as we have seen unite, rather

confusedly, in the general idea of the spontaneous as distinguished,

from the reflective form of the mind. Certitude in its practical

signification implies among other things an opposition to the "truth"

of volition, and is, in a word, force as against equity and justice,

authority as against reason, mere will as against the moral will.

These are distinctions occurring to our own thoughts, rather than

stated by Vico, who both distinguishes and fails to distinguish. For

instance, he affirms that "certitude proceeds from authority, truth

from reason" (_certuni ab auctoritate est, verum a ratione_) and

immediately afterwards adds that "it is quite impossible for authority

to conflict with reason, for in that case there would be not laws but

abortive laws" (_auctoritas cum ratione omnino pugnare non potest,

nam ita non leges essent, sed monstra legum_). At any rate, the New

Science seems to him, by reason of this treatment of certitude, to

contain a philosophy of authority, which, he adds, "is the source of

what theological moralists call external justice." That is to say, he

connected the concept of certitude with the distinction and terminology

of external and internal, already employed by the scholastic morality,

which, used about this time by Christianus Thomasius, were destined

without any great philosophical merit on his part to give an impetus

to the investigation of the philosophical relations between law and

morality.

Another and kindred meaning of practical certitude in Vico is the

so-called letter of the law, _formula legum;_ which may stand in

opposition to reason and the moral consciousness, but none the less

has its own peculiar value: "_dura lex, sed certa: durum sed scriptum

est_--the law is harsh, but it is certain; it is harsh, but so it is

written." It is in a word the value of law simply as law, which though

devoid of any real ethical content yet has always the value that comes

from a command over the will. "The certitude of law" (writes Vico) "is

a darkening of the reason supported merely by authority, and makes the

law harsh in practical experience by laying down their certitude, which

in good Latin (_certuni_) means particularised, or in the scholastic

terminology individualised." To a certain extent Vico grasped the

individual character which lies at the root of every law. That one

must "judge according to law, not according to example" (_legibus non

exemplis iudicandum_) is a comparatively late principle: the first laws

were strictly _"exempta,"_ exemplary punishments. From real examples

were derived the ideal examples employed by logic and rhetoric: and

when the intelligible universal was understood, it was recognised that

law had a certain universal character.

The primitive society sketched by Vico is, in its juristic aspect,

the myth so to speak of pure law or practical force. Once upon a time

men lived possessed of immense bodily strength, and proportionately

feeble in understanding, who thought all strength greater than their

own divine, and this belief constituted their law. They thought of

the gods simply as beings stronger than themselves, whom they were

compelled to obey, though with a bad grace: like Polyphemus, who if he

had been strong enough would have fought Zeus himself, or Achilles,

who told Apollo that if only they were equally matched he would not

hesitate to try his strength against him. The wisdom of providence

decreed that these fierce men, not tamed as yet by the rule of reason,

should at least fear the divine nature of force and measure reason by

its standard. This is the foundation of the principle of the "external

justice of war." But the myth of the period of force cannot have the

strictness of a philosophical concept, and consequently these strong

men are considered by Vico from another point of view as ethically the

best: "strongest" and "best," _fortissimi_ and _optimi,_ are regarded

as synonymous terms: and their law, though not truth or rational law,

is not pure certitude, but truth "mixed with certitude," _ex certo

mixtum._ But the very mixture of certitude with, and its preponderance

over, truth, which is here asserted, postulates the concept of pure

certitude as presupposed by Vico.

When Vico accused Grotius and the school of natural rights of

commencing their history half-way, with the civilised ages, and

overlooking the earlier periods, the accusation, in its bearing upon

the philosophy of practice, may be translated into a charge of ignoring

the ideal moment of force and confining the attention to justice,

equity and morality. The moment of force, constituting the other

and earlier "half," was the field chosen by Hobbes, before him by

Machiavelli, and still earlier by Epicurus, all of whom treated of this

moment alone, "with impiety towards God, infamy to rulers and injustice

towards nations." Hence the conclusion is easy, that in refuting the

utilitarians and the theorists of force, Vico was at the same time

recognising and absorbing the need which they represented, their only

mistake having been that they developed this need in an abstract and

one-sided way. His "state of nature" is in some respects like that of

Hobbes, with the difference that mankind transcends the latter owing to

the recognition of utility, the former owing to the religious and moral

consciousness. But Vico does not on this account express any gratitude

to Hobbes or Spinoza, Machiavelli or Epicurus, since he believed

himself to have found in a classical author all the materials and the

stimulus he required, all the counter-poise necessary to the Platonic

philosophy. This was one of his "four authors," the one of whom we

said earlier that we had still to see the use which Vico made, namely

Tacitus. This writer for his part contemplates with his unequalled

metaphysical powers man as he is, while Plato contemplates him as he

ought to be. Just as Plato in his universal science explores every

corner of nobility, so Tacitus "descends into every scheme of utility,"

in order that among the infinite chaotic chances of malice and fortune

the man of practical wisdom may act well. To the union in his mind

of Greek philosopher and Roman historian, which he interprets, as is

easily seen, in the manner usual among the "Tacitean" politicians of

the seventeenth century, Vico attributes his own success in sketching

a real idea of eternal history, "which the wise man would construct

both of esoteric wisdom such as Plato's, and of common wisdom such as

that of Tacitus." To Tacitus, finally, he owed the impulse towards the

supreme task of making concrete his ideal, and realising the republic

of Plato in the "dregs of Romulus."

The Philosophy of Giambattista Vico · 第 8 / 21 章