CHAPTER I

THE ORIGIN AND DEVELOPMENT OF THE MORAL IDEAS

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TORONTO

THE ORIGIN

AND DEVELOPMENT

OF THE

MORAL IDEAS

BY

EDWARD WESTERMARCK, PH.D., LL.D.

MARTIN WHITE PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF

LONDON

PROFESSOR OF MORAL PHILOSOPHY AT THE UNIVERSITY OF FINLAND,

HELSlNGFORS

AUTHOR OF "THE HISTORY OF HUMAN MARRIAGE"

IN TWO VOLUMES

VOL. I

_SECOND EDITION_

MACMILLAN AND CO., LIMITED

ST. MARTIN'S STREET, LONDON

1924.

COPYRIGHT

_First Edition_ 1906

_Second Edition_ 1912

_Reprinted_ 1924

PRINTED IN GREAT BRITAIN

PREFACE

THE frequent references made in the present work, on my own authority,

to customs and ideas prevalent among the natives of Morocco, require a

word of explanation. Seeing the close connection between moral

opinions and magic and religious beliefs, I thought it might be useful

for me to acquire first-hand knowledge of the folk-lore of some

non-European people, and for various reasons I chose Morocco as my

field of research. During the four years I spent there, largely among

its country population, I have not only collected anthropological

data, but tried to make myself familiar with the native way of

thinking; and I venture to believe that this has helped me to

understand various customs occurring at a stage of civilisation

different from our own. I purpose before long to publish the detailed

results of my studies in a special monograph on the popular religion

and magics of the Moors.

For these researches I have derived much material support from the

University of Helsingfors. I am also indebted to the Russian Minister

at Tangier, M. B. de Bacheracht, for his kindness in helping me on

several occasions when I was dependent on the Sultan's Government. All

the time I have had the valuable assistance of my Moorish friend

Shereef [(]Abd-es-Salâm el-Ba[k.][k.]âli, to whom credit {vi} is due

for the kind reception I invariably received from peasants and

mountaineers, not generally noted for friendliness towards Europeans.

I beg to express my best thanks to Mr. Stephen Gwynn for revising the

first thirteen chapters, and to Mr. H. C. Minchin for revising the

remaining portion of the book. To their suggestions I am indebted for

the improvement of many phrases and expressions. I have likewise to

thank my friend Mr. Alex. F. Shand for kindly reading the proofs of

the earlier chapters and giving me the benefit of his opinion.

Throughout the work the reader will easily find how much I owe to

British science and thought--a debt which is greater than I can ever

express.

E. W.

London,

_January_, 1906.

* * * * *

PREFACE TO THE SECOND EDITION

THE present edition is only a reprint of the first, with a few

inaccurate expressions corrected.

E. W.

London,

_July_, 1912.

CONTENTS

INTRODUCTORY

The origin of the present investigation, p. 1.--Its subject-matter,

p. 1 _sq._--Its practical usefulness, p. 2 _sq._

CHAPTER I

THE EMOTIONAL ORIGIN OF MORAL JUDGMENTS

The moral concepts essentially generalisations of tendencies in

certain phenomena to call forth moral emotions, pp. 4-6.--The assumed

universality or "objectivity" of moral judgments, p. 6 _sq._--Theories

according to which the moral predicates derive all their import from

reason, "theoretical" or "practical," p. 7 _sq._--Our tendency to

objectivise moral judgments, no sufficient ground for referring them

to the province of reason, p. 8 _sq._--This tendency partly due to the

comparatively uniform nature of the moral consciousness, p.

9.--Differences of moral estimates resulting from circumstances of a

purely intellectual character, pp. 9-11.--Differences of an emotional

origin, pp. 11-13.--Quantitative, as well as qualitative, differences,

p. 13.--The tendency to objectivise moral judgments partly due to the

authority ascribed to moral rules, p. 14.--The origin and nature of

this authority, pp. 14-17.--General moral truths non-existent, p. 17

_sq._--The object of scientific ethics not to fix rules for human

conduct, but to study the moral consciousness as a fact, p. 18.--The

supposed dangers of ethical subjectivism, pp. 18-20.

CHAPTER II

THE NATURE OF THE MORAL EMOTIONS

The moral emotions of two kinds: disapproval, or indignation, and

approval, p. 21.--The moral emotions retributive emotions, disapproval

forming a sub-species of resentment, and approval a sub-species of

retributive kindly emotion, _ibid._--Resentment an aggressive attitude

of mind toward a cause of pain, p. 22 _sq._--Dr. Steinmetz's

suggestion that revenge is essentially rooted in the feeling of power

and superiority, and originally "undirected," pp. 23-27.--The true

import of the facts adduced as evidence for this hypothesis,

pp. 27-30.--The collective responsibility usually involved in the

institution of the blood-feud, pp. 30-32.--Explanation of it,

pp. 32-35.-- {viii} The strong tendency to discrimination which

characterises resentment not wholly lost even behind the veil of

common responsibility, p. 35 _sq._--Revenge among the lower animals,

p. 37 _sq._--Violation of the "self-feeling" a common incentive to

resentment, p. 38 _sq._--But the reaction of the wounded

"self-feeling" not necessarily, in the first place, concerned with the

infliction of pain, p. 39 _sq._--Revenge only a link in a chain of

emotional phenomena for which "non-moral resentment" may be used as a

common name, p. 40.--The origin of these phenomena, pp. 40-42.--Moral

indignation closely connected with anger, p. 42 _sq._--Moral

indignation, like non-moral resentment, a reactionary attitude of mind

directed towards the cause of inflicted pain, though the reaction

sometimes turns against innocent persons, pp. 43-48.--In their

administration of justice gods still more indiscriminate than men,

pp. 48-51.--Reasons for this, p. 51 _sq._--Sin looked upon in the light

of a contagious matter, charged with injurious energy, pp. 52-57.--The

curse looked upon as a baneful substance injuring or destroying

anybody to whom it cleaves, p. 57 _sq._--The tendency of curses to

spread, pp. 58-60.--Their tendency to contaminate those who derive

their origin from the infected individual, p. 60 _sq._--The vicarious

suffering involved in sin-transference not to be confounded with

vicarious expiatory sacrifice, p. 61.--Why scapegoats are sometimes

killed, pp. 61-64.--Why sacrificial victims are sometimes used as

scapegoats, p. 64 _sq._--Vicarious expiatory sacrifices,

pp. 65-67.--The victim accepted as a substitute on the principle of

social solidarity, p. 67 _sq._--Expiatory sacrifices offered as ransoms,

p. 68 _sq._--Protests of the moral consciousness against the infliction

of penal suffering upon the guiltless, pp. 70-72.

CHAPTER III

THE NATURE OF THE MORAL EMOTIONS (_continued_)

Whilst, in the course of mental evolution, the true direction of the

hostile reaction involved in moral disapproval has become more

apparent, its aggressive character has become more disguised,

p. 73.--Kindness to enemies not a rule in early ethics, p. 73 _sq._--At

the higher stages of moral development retaliation condemned and

forgiveness of enemies laid down as a duty, pp. 74-77.--The rule of

retaliation and the rule of forgiveness not radically opposed to each

other, p. 77 _sq._--Why enlightened and sympathetic minds disapprove

of resentment and retaliation springing from personal motives, p. 78

_sq._--The aggressive character of moral disapproval has also become

more disguised by the different way in which the aggressiveness

displays itself, p. 79.--Retributive punishment condemned, and the end

of punishment considered to be either to deter from crime, or to

reform the criminal, or to repress crime by eliminating or secluding

him, pp. 79-81.--Objections to these theories, p. 82 _sq._--Facts which,

to some extent, fill up the gap between the theory of retribution and

the utilitarian theories of punishment, pp. 84-91.--The aggressive

element in moral disapproval has undergone a change which tends to

conceal its true nature by narrowing the channel in which it discharges

itself, deliberate and discriminating resentment being apt to turn

against the will rather than against the willer, p. 91 _sq._--Yet it is

the instinctive desire to inflict counter-pain that gives to moral

indignation its most important characteristic, p. 92 _sq._--Retributive

kindly emotion a friendly attitude of mind towards a cause of pleasure,

p. 93 _sq._--Retributive kindly emotion among the lower animals,

p. 94.--Its intrinsic object, p. 94 _sq._--The want of discrimination

which is sometimes found in retributive kindness, p. 95.--Moral approval

a kind of retributive kindly emotion, _ibid._--Moral approval sometimes

bestows its favours upon undeserving individuals for the merits of others,

pp. 95-97.--Explanation of this, p. 97 _sq._--Protests against the notion

of vicarious merit, p. 98 _sq._

{ix} CHAPTER IV

THE NATURE OF THE MORAL EMOTIONS (_concluded_)

Refutation of the opinion that moral emotions only arise in

consequence of moral judgments, p. 100 _sq._--However, moral

judgments, being definite expressions of moral emotions, help us to

discover the true nature of these emotions, p. 101.--Disinterestedness

and apparent impartiality characteristics by which moral indignation

and approval are distinguished from other, non-moral, kinds of

resentment or retributive kindly emotion, pp. 101-104.--Besides, a

moral emotion has a certain flavour of generality, p. 104 _sq._--The

analysis of the moral emotions which has been attempted in this and

the two preceding chapters holds true not only of such emotions as we

feel on account of the conduct of others, but of such emotions as we

feel on account of our own conduct as well, pp. 105-107.

CHAPTER V

THE ORIGIN OF THE MORAL EMOTIONS

We may feel disinterested resentment, or disinterested retributive

kindly emotion, on account of an injury inflicted, or a benefit

conferred, upon another person with whose pain, or pleasure, we

sympathise, and in whose welfare we take a kindly interest,

p. 108.--Sympathetic feelings based on association, p. 109 _sq._--Only

when aided by the altruistic sentiment sympathy induces us to take a

kindly interest in the feelings of our neighbours, and tends to

produce disinterested retributive emotions, p. 110 _sq._--Sympathetic

resentment to be found in all animal species which possess altruistic

sentiments, p. 111 _sq._--Sympathetic resentment among savages, p. 113

_sq._--Sympathetic resentment may not only be a reaction against

sympathetic pain, but may be directly produced by the cognition of the

signs of anger (punishment, language, &c.), pp. 114-116.--Disinterested

antipathies, p. 116 _sq._--Sympathy springing from an altruistic

sentiment may also produce disinterested kindly emotion,

p. 117.--Disinterested likings, _ibid._--Why disinterestedness,

apparent impartiality, and the flavour of generality have become

characteristics by which so-called moral emotions are distinguished

from other retributive emotions, p. 117 _sq._--Custom not only a

public habit, but a rule of conduct, p. 118.--Custom conceived of as a

moral rule, p. 118 _sq._--In early society customs the only moral

rules ever thought of, p. 119.--The characteristics of moral

indignation to be sought for in its connection with custom, p.

120.--Custom characterised by generality, disinterestedness, and

apparent impartiality, p. 120 _sq._--Public indignation lies at the

bottom of custom as a moral rule, p. 121 _sq._--As public indignation

is the prototype of moral disapproval, so public approval is the

prototype of moral approval, p. 122.--Moral disapproval and approval

have not always remained inseparably connected with the feelings of

any special society, p. 122 _sq._--Yet they remain to the last public

emotions if not in reality, then as an ideal, p. 123.--Refutation of

the opinion that the original form of the moral consciousness has been

the individual's own conscience, p. 123 _sq._--The antiquity of moral

resentment, p. 124.--The supposition that remorse is unknown among the

lower races contradicted by facts, p. 124 _sq._--Criticism of Lord

Avebury's statement that modern savages seem to be almost entirely

wanting in moral feeling, pp. 125-129.--The antiquity of moral

approval, p. 129 _sq._

{x}

CHAPTER VI

ANALYSIS OF THE PRINCIPAL MORAL CONCEPTS

Our analysis to be concerned with moral concepts formed by the

civilised mind, p. 131.--Moral concepts among the lower races,

pp. 131-133.--Language a rough generaliser, p. 133.--Analysis of the

concepts _bad_, _vice_, and _wrong_, p. 134.--Of _ought_ and _duty_,

pp. 134-137.--Of _right_, as an adjective, pp. 137-139.--Of _right_,

as a substantive, p. 139 _sq._--Of the relations between _rights_ and

_duties_, p. 140 _sq._--Of _injustice_ and _justice_, pp. 141-145.--Of

_good_, pp. 145-147.--Of _virtue_, pp. 147-149.--Of the relation

between _virtue_ and _duty_, p. 149 _sq._--Of _merit_, p. 150

_sq._--Of the relation between _merit_ and _duty_, p. 151 _sq._--The

question of the _super-obligatory_, pp. 152-154.--The question of the

morally _indifferent_, pp. 154-157.

CHAPTER VII

CUSTOMS AND LAWS AS EXPRESSIONS OF MORAL IDEAS

How we can get an insight into the moral ideas of mankind at large,

p. 158.--The close connection between the habitualness and the

obligatoriness of custom, p. 159.--Though every public habit is not a

custom, involving an obligation, men's standard of morality is not

independent of their practice, p. 159 _sq._--The study of moral ideas

to a large extent a study of customs, p. 160.--But custom never covers

the whole field of morality, and the uncovered space grows larger in

proportion as the moral consciousness develops, p. 160 _sq._--At the

lower stages of civilisation custom the sole rule for conduct,

p. 161.--Even kings described as autocrats tied by custom, p. 162.--In

competition with law custom frequently carries the day, p. 163

_sq._--Custom stronger than law and religion combined, p. 164.--The

laws themselves command obedience more as customs than as laws,

_ibid._--Many laws were customs before they became laws, p. 165.--The

transformation of customs into laws, p. 165 _sq._--Laws as expressions

of moral ideas, pp. 166-168.--Punishment and indemnification, p. 168

_sq._--Definition of punishment, p. 169 _sq._--Savage punishments

inflicted upon the culprit by the community at large, pp. 170-173.--By

some person or persons invested with judicial authority,

pp. 173-175.--The development of judicial organisation out of a previous

system of lynch-law, p. 175.--Out of a previous system of private

revenge, p. 176.--Public indignation displays itself not only in

punishment, but to a certain extent in the custom of revenge, p. 176

_sq._--The social origin of the _lex talionis_, pp. 177-180.--The

transition from revenge to punishment, and the establishment of a

central judicial and executive authority, pp. 180-183.--The

jurisdiction of chiefs, p. 183 _sq._--The injured party or the accuser

acting as executioner, but not as judge, p. 184_sq._--The existence of

punishment and judicial organisation among a certain people no exact

index to its general state of culture, p. 185.--The supposition that

punishment has been intended to act as a deterrent, p. 185

_sq._--Among various semi-civilised and civilised peoples the criminal

law has assumed a severity which far surpasses the rigour of the _lex

talionis_, pp. 186-183.--Wanton cruelty not a general characteristic

of the public justice of savages, pp. 188-190. Legislators referring

to the deterrent effects of punishment, p. 190 _sq._--The practice of

punishing criminals in public, p. 191 _sq._--The punishment actually

inflicted on the criminal in many cases much less severe than the

punishment with which the law threatens him, p. 192 _sq._--The

detection of criminals was in earlier times much rarer and more

uncertain than it is now, p. 193.--The chief explanation of the great

severity of certain {xi} criminal codes lies in their connection with

despotism or religion or both, pp. 193-198.--Punishment may also be

applied as a means of deterring from crime, p. 198 _sq._--But the

scope which justice leaves for determent pure and simple is not wide,

p. 199.--The criminal law of a community on the whole a faithful

exponent of moral sentiments prevalent in that community at large,

pp. 199-201.

CHAPTER VIII

THE GENERAL NATURE OF THE SUBJECTS OF ENLIGHTENED MORAL

JUDGMENTS

Definitions of the term "conduct," p. 202 _sq._--The meaning of the

word "act," p. 203 _sq._--The meaning of the word "intention,"

p. 204.--There can be only one intention in one act, p. 204 _sq._ The

moral judgments which we pass on acts do not really relate to the

event, but to the intention, p. 205 _sq._--A person morally

accountable also for his deliberate wishes, p. 206.--A deliberate wish

is a volition, p. 206 _sq._--The meaning of the word "motive,"

p. 207.--Motives which are volitions fall within the sphere of moral

valuation, _ibid._--The motive of an act may be an intention, but an

intention belonging to another act, _ibid._--Even motives which

consist of non-volitional conations may indirectly exercise much

influence on moral judgments, p. 207 _sq._--Refutation of Mill's

statement that "the motive has nothing to do with the morality of the

action," p. 208 _sq._--Moral judgments really passed upon men as

acting or willing, not upon acts or volitions in the abstract, p. 209.

--Forbearances morally equivalent to acts, p. 209 _sq._--Distinction

between forbearances and omissions, p. 210.--Moral judgments refer not

only to willing, but to not-willing as well, not only to acts and

forbearances, but to omissions, p. 210 _sq._--Negligence,

heedlessness, and rashness, p. 211.--Moral judgments of blame

concerned with not-willing only in so far as this not-willing is

attributed to a defect of the "will," p. 211 _sq._--Distinction

between conscious omissions and forbearances, and between not-willing

to refrain from doing and willing to do, p. 212.--The "known

concomitants of acts," p. 213.--Absence of volitions also gives rise

to moral praise, p. 213 _sq._--The meaning of the term "conduct,"

p. 214.--The subject of a moral judgment is, strictly speaking, a

person's will, or character, conceived as the cause either of

volitions or of the absence of volitions, p. 214 _sq._--Moral

judgments that are passed on emotions or opinions really refer to the

will, p. 215 _sq._

CHAPTER IX

THE WILL AS THE SUBJECT OF MORAL JUDGMENT AND THE INFLUENCE OF

EXTERNAL EVENTS

Cases in which no distinction is made between intentional and

accidental injuries, pp. 217-219.--Yet even in the system of

self-redress intentional or foreseen injuries often distinguished from

unintentional and unforeseen injuries, pp. 219-221.--A similar

distinction made in the punishments inflicted by many savages, p. 221

_sq._--Uncivilised peoples who entirely excuse, or do not punish,

persons for injuries which they have inflicted by mere accident,

p. 222 _sq._--Peoples of a higher culture who punish persons for bringing

about events without any fault of theirs, pp. 223-226.--At the earlier

stages of civilisation gods, in particular, attach undue importance to

the outward aspect of conduct, pp. 226-231.--Explanation of all these

facts, pp. 231-237.--The great influence which the outward event

exercises upon moral estimates even among ourselves, pp. 238-240.

--Carelessness generally not punished if no injurious result

follows, p. 241.--An unsuccessful attempt to commit a criminal act, if

punished at all, as a rule punished much less {xii} severely than the

accomplished act, p. 241 _sq._--Exceptions to this rule, p. 242.--The

question, which attempts should be punished, p. 243.--The stage at

which an attempt begins to be criminal, and the distinction between

attempts and acts of preparation, p. 243 _sq._--The rule that an

outward event is requisite for the infliction of punishment, p. 244

_sq._--Exceptions to this rule, p. 245.--Explanation of laws referring

to unsuccessful attempts, pp. 245-247.--Moral approval influenced by

external events, p. 247.--Owing to its very nature, the moral

consciousness, when sufficiently influenced by thought, regards the

will as the only proper object of moral disapproval or praise,

p. 247 _sq._

CHAPTER X

AGENTS UNDER INTELLECTUAL DISABILITY

An agent not responsible for anything which he could not be aware of,

p. 249.--The irresponsibility of animals, pp. 249-251.--Resentment

towards an animal which has caused some injury, p. 251.--At the lower

stages of civilisation animals deliberately treated as responsible

beings, _ibid._--The custom of blood-revenge extended to the animal

world, pp. 251-253.--Animals exposed to regular punishment, pp. 253-255.

--The origin of the mediæval practice of punishing animals, p. 255 _sq._

--Explanation of the practice of retaliating upon animals, pp. 256-260.

--At the earlier stages of civilisation even inanimate things treated

as if they were responsible agents, pp. 260-262.--Explanation

of this, pp. 262-264.--The total or partial irresponsibility of

childhood and early youth, pp. 264-267.--According to early custom,

children sometimes subject to the rule of retaliation, p. 267.

--Parents responsible for the deeds of their children, p. 267

_sq._--In Europe there has been a tendency to raise the age at which

full legal responsibility commences, p. 268 _sq._--The irresponsibility

of idiots and madmen, p. 269 _sq._--Idiots and insane persons objects

of religious reverence, p. 270 _sq._--Lunatics treated with great

severity or punished for their deeds, pp. 271-274.--Explanation of

this, p. 274 _sq._--The ignorance of which lunatics have been victims

in the hands of lawyers, pp. 275-277.--The total or partial

irresponsibility of intoxicated persons, p. 277 _sq._--Drunkenness

recognised as a ground of extenuation, pp. 278-280.--Not recognised as

a ground of extenuation, p. 280 _sq._--Explanation of these facts,

p. 281 _sq._

CHAPTER XI

MOTIVES

Motives considered only in proportion as the moral judgment is

influenced by reflection, p. 283.--Little consideration for the sense

of duty as a motive, _ibid._--Somewhat greater discrimination shown in

regard to motives consisting of powerful non-volitional conations,

p. 283 _sq._--Compulsion as a ground of extenuation, p. 284

_sq._--"Compulsion by necessity," pp. 285-287.--Self-defence,

pp. 288-290.--Self-redress in the case of adultery, and other survivals of

the old system of self-redress, pp. 290-294.--The moral distinction

made between an injury which a person inflicts deliberately, in cold

blood, and one which he inflicts in the heat of the moment, on

provocation, pp. 294-297.--Explanation of this distinction, p. 297

_sq._--The pressure of a non-volitional motive on the will as a ground

of extenuation, p. 298 _sq._--That moral judgments are generally

passed, in the first instance, with reference to acts immediately

intended, and consider motives only in proportion as the judgment is

influenced by reflection, holds good not only of moral blame, but of

moral praise, pp. 299-302.

{xiii} CHAPTER XII

FORBEARANCES AND CARELESSNESS--CHARACTER

Why in early moral codes the so-called negative commandments are much

more prominent than the positive commandments, p. 303.--The little

cognisance which the criminal laws of civilised nations take of

forbearances and omissions, p. 303 _sq._--The more scrutinising the

moral consciousness, the greater the importance which it attaches to

positive commandments, p. 304 _sq._--Yet the customs of all nations

contain not only prohibitions, but positive injunctions as well, p.

305.--The unreflecting mind apt to exaggerate the guilt of a person

who out of heedlessness or rashness causes harm by a positive act,

_ibid._--Early custom and law may be anxious enough to trace an event

to its source, pp. 305-307.--But they easily fail to discover where

there is guilt or not, and, in case of carelessness, to determine the

magnitude of the offender's guilt, p. 307 _sq._--The opinion that a

person is answerable for all the damage which directly ensues from an

act of his, even though no foresight could have reasonably been

expected to look out for it, p. 308 _sq._--On the other hand, little

or no censure passed on him whose want of foresight or want of

self-restraint is productive of suffering, if only the effect is

sufficiently remote, p. 309 _sq._--The moral emotions may as naturally

give rise to judgments on human character as to judgments on human

conduct, p. 310.--Even when a moral judgment immediately refers to a

distinct act, it takes notice of the agent's will as a whole, p. 310

_sq._--The practice of punishing a second or third offence more

severely than the first, p. 311 _sq._--The more a moral judgment is

influenced by reflection, the more it scrutinises the character which

manifests itself in that individual piece of conduct by which the

judgment is occasioned, p. 312 _sq._--But however superficial it be,

it always refers to a will conceived of as a continuous entity, p. 313.

CHAPTER XIII

WHY MORAL JUDGMENTS ARE PASSED ON CONDUCT AND CHARACTER--MORAL

VALUATION AND FREE-WILL

Explanation of the fact that moral judgments are passed on conduct and

character, p. 314.--The correctness of this explanation proved by the

circumstance that not only moral emotions, but non-moral retributive

emotions as well, are felt with reference to phenomena exactly similar

in nature to those on which moral judgments are passed,

pp. 314-319.--Whether moral or non-moral, a retributive emotion is

essentially directed towards a sensitive and volitional entity, or

self, conceived of as the cause of pleasure or the cause of pain,

p. 319.--The futility of other attempts to solve the problem, p. 319

_sq._--The nature of the moral emotions also gives us the key to the

problem of the co-existence of moral responsibility with the general

law of cause and effect, p. 320.--The theory according to which

responsibility, in the ordinary sense of the term, and moral judgments

generally, are inconsistent with the notion that the human will is

determined by causes, p. 320 _sq._--Yet, as a matter of fact, moral

indignation and moral approval are felt by determinists and

libertarians alike, p. 321 _sq._--Explanation of the fallacy which

lies at the bottom of the conception that moral valuation is

inconsistent with determinism, p. 322.--Causation confounded with

compulsion, pp. 322-324.--The difference between fatalism and

determinism, pp. 324-326.--The moral emotions not concerned with the

origin of the innate character, p. 326.

{xiv} CHAPTER XIV

PRELIMINARY REMARKS--HOMICIDE IN GENERAL

Necessity of restricting the investigation to the more important modes

of conduct with which the moral consciousness is concerned, p. 327

_sq._--The six groups into which these modes of conduct may be

divided, p. 328.--The most sacred duty which we owe to our

fellow-creatures generally considered to be regard for their lives,

_ibid._--Among various uncivilised peoples human life said to be held

very cheap, p. 328 _sq._--Among others homicide or murder said to be

hardly known, p. 329 _sq._--In other instances homicide expressly said

to be regarded as wrong, p. 330 _sq._--In every society custom

prohibits homicide within a certain circle of men, p. 331.--Savages

distinguish between an act of homicide committed within their own

community and one where the victim is a stranger, pp. 331-333.--In

various instances, however, the rule, "Thou shalt not kill," applies

even to foreigners, p. 333 _sq._--Some uncivilised peoples said to

have no wars, p. 334.--Savages' recognition of intertribal rights in

times of peace obvious from certain customs connected with their wars,

p. 334 _sq._--Savage custom does not always allow indiscriminate

slaughter even in warfare, p. 335 _sq._--The readiness with which

savages engage in war, p. 337.--The old distinction between injuries

committed against compatriots and harm done to foreigners remains

among peoples more advanced in culture, p. 337 _sq._--The readiness

with which such peoples wage war on foreign nations, and the

estimation in which the successful warrior is held, pp. 338-340.--The

life of a guest sacred, p. 340.--The commencement of international

hostilities preceded by special ceremonies, _ibid._--Warfare in some

cases condemned, or a distinction made between just and unjust war,

pp. 340-342.--Even in war the killing of an enemy under certain

circumstances prohibited, either by custom or by enlightened moral

opinion, pp. 342-344.

CHAPTER XV

HOMICIDE IN GENERAL (_continued_)

Homicide of any kind condemned by the early Christians, p. 345.--Their

total condemnation of warfare, p. 345 _sq._--This attitude towards war

was soon given up, pp. 346-348.--The feeling that a soldier scarcely

could make a good Christian, p. 348.--Penance prescribed for those who

had shed blood in war, p. 348 _sq._--Wars forbidden by popes, p. 349.

--The military Christianity of the Crusades, pp. 348-352.--Chivalry,

pp. 352-354.--The intimate connection between chivalry and religion

displayed in tournaments, p. 354 _sq._--The practice of private war,

p. 355 _sq._--The attitude of the Church towards private war, p.

356.--The Truce of God, p. 357.--The main cause of the abolition of

private war was the increase of the authority of emperors or kings,

p. 357 _sq._--War looked upon as a judgment of God, p. 358.--The attitude

adopted by the great Christian congregations towards war one of

sympathetic approval, pp. 359-362.--Religious protests against war,

pp. 362-365.--Freethinkers' opposition to war, pp. 365-367.--The idea

of a perpetual peace, p. 367.--The awakening spirit of nationalism,

and the glorification of war, p. 367 _sq._--Arguments against

arbitration, p. 368.--The opposition against war rapidly increasing,

p. 368 _sq._--The prohibition of needless destruction in war, p. 369

_sq._--The survival, in modern civilisation, of the old feeling that

the life of a foreigner is not equally sacred with that of a

countryman, p. 370.--The behaviour of European colonists towards

coloured races, p. 370 _sq._

{xv} CHAPTER XVI

HOMICIDE IN GENERAL (_concluded_)

Sympathetic resentment felt on account of the injury suffered by the

victim a potent cause of the condemnation of homicide, p. 372

_sq._--No such resentment felt if the victim is a member of another

group, p. 373.--Why extra-tribal homicide is approved of,

_ibid._--Superstition an encouragement to extra-tribal homicide,

_ibid._--The expansion of the altruistic sentiment largely explains

why the prohibition of homicide has come to embrace more and more

comprehensive circles of men, _ibid._--Homicide viewed as an injury

inflicted upon the survivors, p. 373 _sq._--Conceived as a breach of

the "King's peace," p. 374.--Stigmatised as a disturbance of public

tranquillity and an outrage on public safety, _ibid._--Homicide

disapproved of because the manslayer gives trouble to his own people,

p. 374 _sq._--The idea that a manslayer is unclean, pp. 375-377.--The

influence which this idea has exercised on the moral judgment of

homicide, p. 377.--The disapproval of the deed easily enhanced by the

spiritual danger attending on it, as also by the inconvenient

restrictions laid on the tabooed manslayer and the ceremonies of

purification to which he is subject, p. 377 _sq._--The notion of a

persecuting ghost may be replaced by the notion of an avenging god,

pp. 378-380.--The defilement resulting from homicide particularly

shunned by gods, p. 380 _sq._--Priests forbidden to shed human blood,

p. 381 _sq._--Reasons for Christianity's high regard for human life,

p. 382.

CHAPTER XVII

THE KILLING OF PARENTS, SICK PERSONS, CHILDREN-FETICIDE

Parricide the most aggravated form of murder, pp. 383-386.--The custom

of abandoning or killing parents who are worn out with age or disease,

p. 386 _sq._--Its causes, pp. 387-390.--The custom of abandoning or

killing persons suffering from some illness, p. 391 _sq._--Its causes,

p. 392 _sq._--The father's power of life and death over his children,

p. 393 _sq._--Infanticide among many savage races permitted or even

enjoined by custom, pp. 394-398.--The causes of infanticide, and how

it has grown into a regular custom, pp. 398-402.--Among many savages

infanticide said to be unheard of or almost so, p. 402 _sq._--The

custom of infanticide not a survival of earliest savagery, but seems

to have grown up under specific conditions in later stages of

development, p. 403.--Savages who disapprove of infanticide, p. 403

_sq._--The custom of infanticide in most cases requires that the child

should be killed immediately or soon after its birth, p. 404

_sq._--Infanticide among semi-civilised or civilised races,

pp. 405-411.--The practice of exposing new-born infants vehemently

denounced by the early Fathers of the Church, p. 411.--Christian

horror of infanticide, p. 411 _sq._--The punishment of infanticide in

Christian countries, p. 412 _sq._--Feticide among savages, p. 413

_sq._--Among more civilised nations, p. 414 _sq._--According to

Christian views, a form of murder, p. 415 _sq._--Distinctions between

an _embryo informatus_ and an _embryo formatus_, p. 416 _sq._--Modern

legislation and opinion concerning feticide, p. 417.

CHAPTER XVIII

THE KILLING OF WOMEN, AND OF SLAVES--THE CRIMINALITY OF HOMICIDE

INFLUENCED BY DISTINCTIONS OF CLASS

The husband's power of life and death over his wife among many of the

lower races, p. 418 _sq._--The right of punishing his wife capitally

not universally {xvi} granted to the husband in uncivilised

communities, p. 419.--The husband's power of life and death among

peoples of a higher type, _ibid._--Uxoricide punished less severely

than matricide, p. 419 _sq._--The estimate of a woman's life sometimes

lower than that of a man's, sometimes equal to it, sometimes higher,

p. 420 _sq._--The master's power of life and death over his slave,

p. 421 _sq._--The right, among many savages, of killing his slave at his

own discretion expressly denied to the master, p. 422 _sq._--The

murder of another person's slave largely regarded as an offence

against the property of the owner, but not exclusively looked upon in

this light, p. 423.--When the system of blood-money prevails, the

price paid for the life of a slave less than that paid for the life of

a freeman, _ibid._--Among the nations of archaic culture, also, the

life of a slave held in less estimation than that of a freeman, but

not even the master in all circumstances allowed to put his slave to

death, pp. 423-426.--Efforts of the Christian Church to secure the

life of the slave against the violence of the master, p. 426.--But

neither the ecclesiastical nor the secular legislation gave him the

same protection as was bestowed upon the free member of the Church and

State, pp. 426-428.--In modern times, in Christian countries, the life

of the negro slave was only inadequately protected by law, p. 428

_sq._--Why the life of a slave is held in so little regard,

p. 429.--The killing of a freeman by a slave, especially if the victim

be his owner, commonly punished more severely than if the same act were

done by a free person, p. 429 _sq._--In the estimate of life a

distinction also made between different classes of freemen, p. 430

_sq._--The magnitude of the crime may depend not only on the rank of

the victim, but on the rank of the manslayer as well, pp. 431-433.

--Explanation of this influence of class, p. 433.--In progressive

societies each member of the society at last admitted to

be born with an equal claim to the right to live, _ibid._

CHAPTER XIX

HUMAN SACRIFICE

The prevalence of human sacrifice, pp. 434-436.--This practice much

more frequently found among barbarians and semi-civilised peoples than

among genuine savages, p. 436 _sq._--Among some peoples it has been

noticed to become increasingly prevalent in the course of time,

p. 437.--Human sacrifice partly due to the idea that gods have an

appetite for human flesh or blood, p. 437 _sq._--Sometimes connected

with the idea that gods require attendants, p. 438.--Moreover, an

angry god may be appeased simply by the death of him or those who

aroused his anger, or of some representative of the offending

community, or of somebody belonging to the kin of the offender, pp.

438-440.--Human sacrifice chiefly a method of life-insurance, based on

the idea of substitution, p. 440.--Human victims offered in war,

before a battle, or during a siege, p. 440 _sq._--For the purpose of

stopping or preventing epidemics, p. 441 _sq._--For the purpose of

putting an end to a devastating famine, p. 442 _sq._--For the purpose

of preventing famine, p. 443 _sq._--Criticism of Dr. Frazer's

hypothesis that the human victim who is killed for the purpose of

ensuring good crops is regarded as a representative of the corn-spirit

and is slain as such, pp. 444-451.--Human victims offered with a view

to getting water, p. 451 _sq._--With a view to averting perils arising

from the sea or from rivers, pp. 452-454.--For the purpose of

preventing the death of some particular individual, especially a chief

or a king, from sickness, old age, or other circumstances, pp.

454-457.--For the purpose of helping other men into existence, p. 457

_sq._--The killing of the first-born child, or the first-born son,

p. 458 _sq._--Explanation of this practice, pp. 459-461.--Human

sacrifices offered in connection with the foundation of buildings,

p. 461 _sq._--The building-sacrifice, like other kinds of human

sacrifice, probably based on the idea of substitution, pp.462-464.

--The belief that {xvii} the soul of the victim is converted

into a protecting demon, p. 464 _sq._--The human victim regarded as a

messenger, p. 465 _sq._--Human sacrifice not an act of wanton cruelty,

p. 466.--The king or chief sometimes sacrificed, _ibid._--The victims

frequently prisoners of war or other aliens, or slaves, or criminals,

pp. 466-468.--The disappearance of human sacrifice, p. 468.--Human

sacrifice condemned, p. 465 _sq._--Practices intended to replace it,

p. 469.--Human effigies or animals offered instead of men, p. 469

_sq._--Human sacrifices succeeded by practices involving the effusion

of human blood without loss of life, p. 470.--Bleeding or mutilation

practised for the same purpose as human sacrifice, p. 470 _sq._--Why

the penal sacrifice of offenders has outlived all other forms of human

sacrifice, p. 471.--Human beings sacrificed to the dead in order to

serve them as slaves, wives, or companions, pp. 472-474.--This custom

dwindling into a survival, p. 475.--The funeral sacrifice of men and

animals also seems to involve an intention to vivify the spirits of

the deceased with blood, p. 475 _sq._--Manslayers killed in order to

satisfy their victims' craving for revenge, p. 476.

CHAPTER XX

BLOOD-REVENGE AND COMPENSATION--THE PUNISHMENT OF DEATH

The prevalence of the custom of blood-revenge, pp. 477-479.--Blood-revenge

regarded not only as a right, but as a duty, p. 479 _sq._--This duty

in the first place regarded as a duty to the dead, whose spirit is

believed to find no rest after death until the injury has been

avenged, p. 481 _sq._--Blood-revenge a form of human sacrifice,

p. 482.--Blood-revenge also practised on account of the injury inflicted

on the survivors, p. 482 _sq._--Murder committed within the family or

kin left unavenged, p. 483.--The injury inflicted on the relatives of

the murdered man suggests not only revenge, but reparation,

_ibid._--The taking of life for life may itself, in a way, serve as

compensation, p. 483 _sq._--Various methods of compensation,

p. 484.--The advantages of the practice of composition, p. 484 _sq._--Its

disadvantages, p. 485.--The importance of these disadvantages depends

on the circumstances in each special case, p. 486 _sq._--Among many

peoples the rule of revenge strictly followed, and to accept

compensation considered disgraceful, p. 487.--The acceptance of

compensation does not always mean that the family of the slain

altogether renounce their right of revenge, p. 487 _sq._--The

acceptance of compensation allowed as a justifiable alternative for

blood-revenge, or even regarded as the proper method of settling the

case, p. 488 _sq._--The system of compensation partly due to the

pressure of some intervening authority, p. 489 _sq._--The adoption of

this method for the settling of disputes a sign of weakness,

p. 491.--When the central power of jurisdiction is firmly established,

the rule of life for life regains its sway, _ibid._--A person may

forfeit his right to live by other crimes besides homicide, p. 491

_sq._--Opposition to and arguments against capital punishment,

pp. 492-495.--Modern legislation has undergone a radical change with

reference to capital punishment, p. 495.--Arguments against its

abolition, p. 495 _sq._--The chief motive for retaining it in modern

legislation, p. 496.

CHAPTER XXI

THE DUEL

Duelling resorted to as a means of bringing to an end hostilities

between different groups of people, p. 497 _sq._--Duels fought for the

purpose of settling disputes between individuals, either by conferring

on the victor the right of possessing {xviii} the object of the

strife, or by gratifying a craving for revenge and wiping off the

affront, pp. 498-502.--The circumstances to which these customs are

due, p. 503 _sq._--The duel as an ordeal or "judgment of God," p. 504

_sq._--The judicial duel fundamentally derived its efficacy as a means

of ascertaining the truth from its connection with an oath, p. 505

_sq._ How it came to be regarded as an appeal to the justice of God,

p. 506 _sq._--The decline and disappearance of the judicial duel,

p. 507.--The modern duel of honour, pp. 507-509.--Its causes,

p. 509.--Arguments adduced in support of it, p. 509 _sq._

CHAPTER XXII

BODILY INJURIES

In the case of bodily injuries the magnitude of the offence, other

things being equal, proportionate to the harm inflicted,

pp. 511-513.--The degree of the offence also depends on the station of

the parties concerned, and in some cases the infliction of pain held

allowable or even a duty, p. 513.--Children using violence against

their parents, _ibid._--Parents' right to inflict corporal punishment

on their children, p. 513 _sq._--The husband's right to chastise his

wife, pp. 514-516.--The master's right to inflict corporal punishment

on his slave, p. 516 _sq._--The maltreatment of another person's slave

regarded as an injury done to the master, rather than to the slave,

p. 517.--Slaves severely punished for inflicting bodily injuries on

freemen, p. 510.--The penalties or fines for bodily injuries

influenced by the class or rank of the parties when both of them are

freemen, p. 518 _sq._--Distinction between compatriots and aliens with

reference to bodily injuries, p. 519.--The infliction of sufferings on

vanquished enemies, p. 519 _sq._--The right to bodily integrity

influenced by religious differences, p. 520--Forfeited by the

commission of a crime, p. 520 _sq._--Amputation or mutilation of the

offending member has particularly been in vogue among peoples of

culture, p. 521 _sq._--The disappearance of corporal punishment in

Europe, p. 522.--Corporal punishment has been by preference a

punishment for poor and common people or slaves, p. 522 _sq._--The

status of a person influencing his right to bodily integrity with

reference to judicial torture, p. 523 _sq._--Explanation of the moral

notions regarding the infliction of bodily injuries, p. 524.--The

notions that an act of bodily violence involves a gross insult, and

that corporal punishment disgraces the criminal more than any other

form of penalty, p. 524 _sq._

CHAPTER XXIII

CHARITY AND GENEROSITY

The mother's duty to rear her children, p. 526.--The husband's and

father's duty to protect and support his family, pp. 526-529.--The

parents' duty of taking care of their offspring in the first place

based on the sentiment of parental affection, p. 529.--The

universality not only of the maternal, but of the paternal, sentiment

in mankind, pp. 529-532.--Marital affection among savages,

p. 532.--Explanation of the simplest paternal and marital duties,

p. 533--Children's duty of supporting their aged parents, pp. 533-538.

The duty of assisting brothers and sisters, p. 538.--Of assisting more

distant relatives, pp. 538-540.--Uncivilised peoples as a rule

described as kind towards members of their own community or tribe,

enjoin charity between themselves as a duty, and praise generosity as

a virtue, pp. 540-546.--Among many savages the old people, in

particular, have a claim to support and assistance, p. 546.--The sick

often carefully attended to, pp. 546-548.-- {xix} Accounts of

uncharitable savages, p. 548 _sq._--Among semi-civilised and civilised

nations charity universally regarded as a duty, and often strenuously

enjoined by their religions, pp. 549-556.--In the course of

progressing civilisation the obligation of assisting the needy has

been extended to wider and wider circles of men, pp. 556-558.--The

duty of tending wounded enemies in war, p. 558.--Explanation of the

gradual expansion of the duty of charity, p. 559.--This duty in the

first place based on the altruistic sentiment, p. 559 _sq._--Egoistic

motives for the doing of good to fellow-creatures, p. 560.--By

niggardliness a person may expose himself to supernatural dangers,

pp. 560-562.--Liberality may entail supernatural reward, p. 562 _sq._

--The curses and blessings of the poor partly account for the fact that

charity has come to be regarded as a religious duty, pp. 563-565.--The

chief cause of the extraordinary stress which the higher religions put

on the duty of charity seems to lie in the connection between

almsgiving and sacrifice, the poor becoming the natural heirs of the

god, p. 565.--Instances of sacrificial food being left for, or

distributed among, the poor, p. 565 _sq._--Almsgiving itself regarded

as a form of sacrifice, or taking the place of it, pp. 566-569.

CHAPTER XXIV

HOSPITALITY

Instances of great kindness displayed by savages towards persons of a

foreign race, pp. 570-572.--Hospitality a universal custom among the

lower races and among the peoples of culture at the earlier stages of

their civilisation, pp. 572-574.--The stranger treated with special

marks of honour, and enjoying extraordinary privileges as a guest,

pp. 574-576.--Custom may require that hospitality should be shown even

to an enemy, p. 576 _sq._--To protect a guest looked upon as a most

stringent duty, p. 577 _sq._--Hospitality in a remarkable degree

associated with religion, pp. 578-580.--The rules of hospitality in

the main based on egoistic considerations, p. 581.--The stranger,

supposed to bring with him good luck or blessings, pp. 581-583.--The

blessings of a stranger considered exceptionally powerful, p. 583

_sq._--The visiting stranger regarded as a potential source of evil,

p. 584.--His evil wishes and curses greatly feared, owing partly to

his quasi-supernatural character, partly to the close contact in which

he comes with the host and his belongings, pp. 584-590.--Precautions

taken against the visiting stranger, pp. 590-593.--Why no payment is

received from a guest, p. 593 _sq._--The duty of hospitality limited

by time, p. 594 _sq._--The cause of this, p. 595 _sq._--The decline of

hospitality in progressive communities, p. 596.

CHAPTER XXV

THE SUBJECTION OF CHILDREN

The right of personal freedom never absolute, p. 597.--Among some

savages a man's children are in the power of the head of their

mother's family or of their maternal uncle, p. 597 _sq._--Among the

great bulk of existing savages children are in the power of their

father, though he may to some extent have to share his authority with

the mother, p. 598 _sq._--The extent of the father's power subject to

great variations, p. 599.--Among some savages the father's authority

practically very slight, p. 599 _sq._--Other savages by no means

deficient in filial piety, p. 600 _sq._--The period during which the

paternal authority lasts, p. 601 _sq._--Old age commands respect and

gives authority, pp. 603-605.--Superiority of age also gives a certain

amount {xx} of power, p. 605 _sq._--The reverence for old age may

cease when the grey-head becomes an incumbrance to those around him,

and imbecility may put an end to the father's authority over his

family, p. 606 _sq._--Paternal, or parental, authority and filial

reverence at their height among peoples of archaic culture,

pp. 607-613.--Among these peoples we also meet with reverence for the

elder brother, for persons of a superior age generally, and especially

for the aged, p. 614 _sq._--Decline of the paternal authority in

Europe, p. 615 _sq._--Christianity not unfavourable to the

emancipation of children, though obedience to parents was enjoined as

a Christian duty, p. 616 _sq._--The Roman notions of paternal rights

and filial duties have to some extent survived in Latin countries,

p. 617 _sq._--Sources of the parental authority, p. 618 _sq._--Among

savages, in particular, filial regard is largely regard for one's

elders or the aged, p. 619.--Causes of the regard for old age,

pp. 619-621.--The chief cause of the connection between filial

submissiveness and religious beliefs the extreme importance attached

to parental curses and blessings, pp. 621-626.--Why the blessings and

curses of parents are supposed to possess an unusual power, p. 626

_sq._--Explanation of the extraordinary development of the paternal

authority in the archaic State, p. 627 _sq._--Causes of the downfall

of the paternal power, p. 628.

CHAPTER XXVI

THE SUBJECTION OF WIVES

Among the lower races the wife frequently said to be the property or

slave of her husband, p. 629 _sq._--Yet even in such cases custom has

not left her entirely destitute of rights, p. 630 _sq._--The so-called

absolute authority of husbands over their wives not to be taken too

literally, p. 631 _sq._--The bride-price does not _eo ipso_ confer on

the husband absolute rights over her, p. 632 _sq._--The hardest

drudgeries of life often said to be imposed on the women, p. 633

_sq._--In early society each sex has its own pursuits, p. 634.--The

rules according to which the various occupations of life are divided

between the sexes are on the whole in conformity with the indications

given by nature, p. 635 _sq._--This division of labour emphasised by

custom and superstition, p. 636 _sq._--It is apt to mislead the

travelling stranger, p. 637.--It gives the wife authority within the

circle which is exclusively her own, _ibid._--Rejection of the broad

statement that the lower races in general hold their women in a state

of almost complete subjection, pp. 638-646.--The opinion that a

people's civilisation may be measured by the position held by the

women not correct, at least so far as the earlier stages of culture

are concerned, p. 646 _sq._--The position of woman among the peoples

of archaic civilisation, pp. 647-653.--Christianity tended to narrow

the remarkable liberty granted to married women under the Roman

Empire, p. 653 _sq._--Christian orthodoxy opposed to the doctrine that

marriage should be a contract on the footing of perfect equality

between husband and wife, p. 654 _sq._--Criticism of the hypothesis

that the social _status_ of women is connected with the system of

tracing descent, p. 655 _sq._--The authority of a husband who lives

with his wife in the house or community of her father, p. 656

_sq._--Wives' subjection to their husbands in the first place due to

the men's instinctive desire to exert power, and to the natural

inferiority of women in such qualities of body and mind as are

essential for personal independence, p. 657.--Elements in the sexual

impulse which lead to domination on the part of the man and to

submission on the part of the woman, p. 657 _sq._--But if the man's

domination is carried beyond the limits of female love, the woman

feels it as a burden, p. 658 _sq._--In extreme cases of oppression, at

any rate, the community at large would sympathise with her, and the

public resentment against the oppressor would result in customs or

laws limiting the {xxi} husband's rights, p. 659.--The offended woman

may count upon the support of her fellow-sisters, _ibid._--The

children's affection and regard for their mother gives her power,

_ibid._--The influence which economic conditions exercise on the

position of woman, pp. 659-661.--The status of wives connected with

the ideas held about the female sex in general, p. 661.--Woman

regarded as intellectually and morally vastly inferior to man,

especially among nations more advanced in culture, pp. 661-663.

--Progress in civilisation has exercised an unfavourable influence

on the position of woman by widening the gulf between the sexes,

p. 663.--Religion has contributed to her degradation by regarding her

as unclean, p. 663 _sq._--Women excluded from religious worship and

sacred functions, pp. 664-666.--The notion that woman is unclean,

however, gives her a secret power over her husband, as women are

supposed to be better versed in magic than men, pp. 666-668.--The

curses of women greatly feared, p. 668.--Woman as an asylum, p. 668

_sq._--In archaic civilisation the _status_ of married women was

affected by the fact that the house-father was invested with some part

of the power which formerly belonged to the clan, p. 669.--Causes of

the decrease of the husband's authority over his wife in modern

civilisation, _ibid._

CHAPTER XXVII

SLAVERY

Definition of slavery, p. 670 _sq._--The distribution of slavery and

its causes among savages, pp. 671-674.--The earliest source of slavery

was probably war or conquest, p. 674 _sq._--Intra-tribal slavery among

savages, p. 675 _sq._--The master's power over his slave among

slave-holding savages, pp. 676-678.--Among the lower races slaves are

generally treated kindly, pp. 678-680.--Intra-tribal slaves,

especially such as are born in the house, generally treated better

than extra-tribal or purchased slaves, p. 680 _sq._--Slavery among the

nations of archaic culture, pp. 681-693.--The attitude of Christianity

towards slavery, pp. 693-700.--The supposed causes of the extinction

of slavery in Europe, pp. 697-701.--The chief cause the transformation

of slavery into serfdom, p. 701.--Serfdom only a transitory condition

leading up to a state of entire liberty, pp. 701-703.--The attitude of

the Church towards serfdom, p. 703 _sq._--The negro slavery in the

colonies of European countries and the Southern States of America, and

the legislation relating to it, pp. 704-711.--The support given to it

by the clergy, pp. 711-713.--The want of sympathy for, or positive

antipathy to, the coloured race, p. 713 _sq._--The opinions regarding

slavery and the condition of slaves influenced by altruistic

considerations, p. 714 _sq._--The condition of slaves influenced by

the selfish considerations of their masters, p. 715 _sq._

THE ORIGIN AND DEVELOPMENT

OF THE MORAL IDEAS

THE ORIGIN AND DEVELOPMENT

OF THE MORAL IDEAS

INTRODUCTORY

THE main object of this book will perhaps be best explained by a few

words concerning its origin.

Its author was once discussing with some friends the point how far a

bad man ought to be treated with kindness. The opinions were divided,

and, in spite of much deliberation, unanimity could not be attained.

It seemed strange that the disagreement should be so radical, and the

question arose, Whence this diversity of opinion? Is it due to

defective knowledge, or has it a merely sentimental origin? And the

problem gradually expanded. Why do the moral ideas in general differ

so greatly? And, on the other hand, why is there in many cases such a

wide agreement? Nay, why are there any moral ideas at all?

Since then many years have passed, spent by the author in trying to

find an answer to these questions. The present work is the result of

his researches and thoughts.

The first part of it will comprise a study of the moral concepts:

right, wrong, duty, justice, virtue, merit, &c. Such a study will be

found to require an examination into the moral emotions, their nature

and origin, as also into the relations between these emotions and the

various {2} moral concepts. There will then be a discussion of the

phenomena to which such concepts are applied--the subjects of moral

judgments. The general character of these phenomena will be

scrutinised, and an answer sought to the question why facts of a

certain type are matters of moral concern, while other facts are not.

finally, the most important of these phenomena will be classified, and

the moral ideas relating to each class will be stated, and, so far as

possible, explained.

An investigation of this kind cannot be confined to feelings and ideas

prevalent in any particular society or at any particular stage of

civilisation. Its subject-matter is the moral consciousness of mankind

at large. It consequently involves the survey of an unusually rich and

varied field of research--psychological, ethnographical, historical,

juridical, theological. In the present state of our knowledge, when

monographs on most of the subjects involved are wanting, I presume

that such an undertaking is, strictly speaking, too big for any man;

at any rate it is so for the writer of this book. Nothing like

completeness can be aimed at. Hypotheses of varying degrees of

probability must only too often be resorted to. Even the certainty of

the statements on which conclusions are based is not always beyond a

doubt. But though fully conscious of the many defects of his attempt,

the author nevertheless ventures to think himself justified in placing

it before the public. It seems to him that one of the most important

objects of human speculation cannot be left in its present state of

obscurity; that at least a glimpse of light must be thrown upon it by

researches which have extended over some fifteen years; and that the

main principles underlying the various customs of mankind may be

arrived at even without subjecting these customs to such a full and

minute treatment as would be required of an anthropological

monograph.

Possibly this essay, in spite of its theoretical character, may even

be of some practical use. Though rooted in the emotional side of our

nature, our moral {3} opinions are in a large measure amenable to

reason. Now in every society the traditional notions as to what is

good or bad, obligatory or indifferent, are commonly accepted by the

majority of people without further reflection. By tracing them to

their source it will be found that not a few of these notions have

their origin in sentimental likings and antipathies, to which a

scrutinising and enlightened judge can attach little importance;

whilst, on the other hand, he must account blamable many an act and

omission which public opinion, out of thoughtlessness, treats with

indifference. It will, moreover, appear that a moral estimate often

survives the cause from which it sprang. And no unprejudiced person

can help changing his views if he be persuaded that they have no

foundation in existing facts.

CHAPTER I

THE EMOTIONAL ORIGIN OF MORAL JUDGMENTS

THAT the moral concepts are ultimately based on emotions either of

indignation or approval, is a fact which a certain school of thinkers

have in vain attempted to deny. The terms which embody these concepts

must originally have been used--indeed they still constantly are so

used--as direct expressions of such emotions with reference to the

phenomena which evoked them. Men pronounced certain acts to be good or

bad on account of the emotions those acts aroused in their minds, just

as they called sunshine warm and ice cold on account of certain

sensations which they experienced, and as they named a thing pleasant

or painful because they felt pleasure or pain. But to attribute a

quality to a thing is never the same as merely to state the existence

of a particular sensation or feeling in the mind which perceives it.

Such an attribution must mean that the thing, under certain

circumstances, makes a certain impression on the mind. By calling an

object warm or pleasant, a person asserts that it is apt to produce in

him a sensation of heat or a feeling of pleasure. Similarly, to name

an act good or bad, ultimately implies that it is apt to give rise to

an emotion of approval or disapproval in him who pronounces the

judgment. Whilst not affirming the actual existence of any specific

emotion in the mind of the person judging or of anybody else, the

predicate of a moral judgment attributes to the subject a tendency to

arouse an emotion. The moral {5} concepts, then, are essentially

generalisations of tendencies in certain phenomena to call forth moral

emotions.

However, as is frequently the case with general terms, these concepts

are mentioned without any distinct idea of their contents. The

relation in which many of them stand to the moral emotions is

complicated; the use of them is often vague; and ethical theorisers,

instead of subjecting them to a careful analysis, have done their best

to increase the confusion by adapting the meaning of the terms to fit

their theories. Very commonly, in the definition of the goodness or

badness of acts, reference is made, not to their tendencies to evoke

emotions of approval or indignation, but to the causes of these

tendencies, that is, to those qualities in the acts which call forth

moral emotions. Thus, because good acts generally produce pleasure and

bad acts pain, goodness and badness have been identified with the

tendencies of acts to produce pleasure or pain. The following

statement of Sir James Stephen is a clearly expressed instance of this

confusion, so common among utilitarians:--"Speaking generally, the

acts which are called right do promote, or are supposed to promote

general happiness, and the acts which are called wrong do diminish, or

are supposed to diminish it. I say, therefore, that this is what the

words 'right' and 'wrong' mean, just as the words 'up' and 'down' mean

that which points from or towards the earth's centre of gravity,

though they are used by millions who have not the least notion of the

fact that such is their meaning, and though they were used for

centuries and millenniums before any one was or even could be aware of

it."[1] So, too, Bentham maintained that words like "ought," "right,"

and "wrong," have no meaning unless interpreted in accordance with the

principle of utility;[2] and James Mill was of opinion that "the very

morality" of the act lies, not in the sentiments raised in the breast

of him who perceives or contemplates it, but in "the consequences of

the act, good or evil, and their being {6} within the intention of the

agent."[3] He adds that a rational assertor of the principle of

utility approves of an action "because it is good," and calls it good

"because it conduces to happiness."[4] This, however, is to invert the

sequence of the facts, since, properly speaking, an act is called good

because it is approved of, and is approved of by an utilitarian in so

far as it conduces to happiness.

[Footnote 1: Stephen, _Liberty_, _Equality_, _Fraternity_, p. 338.]

[Footnote 2: Bentham, _Principles of Morals and Legislation_, p. 4.]

[Footnote 3: James Mill, _Fragment on Mackintosh_, pp. 5, 376.]

[Footnote 4: _Ibid._ p. 368.]

Such confusion of terms cannot affect the real meaning of the moral

concepts. It is true that he who holds that "actions are right in

proportion as they tend to promote happiness, wrong as they tend to

produce the reverse of happiness,"[5] may, by a merely intellectual

process, pass judgment on the moral character of particular acts; but,

if he is an utilitarian from conviction, his first principle, at

least, has an emotional origin. The case is similar with many of the

moral judgments ordinarily passed by men. They are applications of

some accepted general rule: conformity or non-conformity to the rule

decides the rightness or wrongness of the act judged of. But whether

the rule be the result of a person's independent deductions, or be

based upon authority, human or divine, the fact that his moral

consciousness recognises it as valid implies that it has an emotional

sanction in his own mind.

[Footnote 5: Stuart Mill, _Utilitarianism_, p. 9 _sq._]

Whilst the import of the predicate of a moral judgment may thus in

every case be traced back to an emotion in him who pronounces the

judgment, it is generally assumed to possess the character of

universality or "objectivity" as well. The statement that an act is

good or bad does not merely refer to an individual emotion; as will be

shown subsequently, it always has reference to an emotion of a more

public character. Very often it even implies some vague assumption

that the act must be recognised as good or bad by everybody who

possesses a sufficient knowledge of the case and of all attendant

circumstances, and who has a "sufficiently developed" {7} moral

consciousness. We are not willing to admit that our moral convictions

are a mere matter of taste, and we are inclined to regard convictions

differing from our own as errors. This characteristic of our moral

judgments has been adduced as an argument against the emotionalist

theory of moral origins, and has led to the belief that the moral

concepts represent qualities which are discerned by reason.

Cudworth, Clarke, Price, and Reid are names which recall to our mind a

theory according to which the morality of actions is perceived by the

intellect, just as are number, diversity, causation, proportion.

"Morality is eternal and immutable," says Richard Price. "Right and

wrong, it appears, denote what actions are. Now whatever any thing is,

that it is, not by will, or degree, or power, but by nature and

necessity. Whatever a triangle or circle is, that it is unchangeably

and eternally. . . . The same is to be said of right and wrong, of

moral good and evil, as far as they express real characters of

actions. They must immutably and necessarily belong to those actions

of which they are truly affirmed."[6] And as having a real existence

outside the mind, they can only be discerned by the understanding. It

is true that this discernment is accompanied with an emotion: "Some

impressions of pleasure or pain, satisfaction or disgust, generally

attend our perceptions of virtue and vice. But these are merely their

effects and concomitants, and not the perceptions themselves, which

ought no more to be confounded with them, than a particular truth

(like that for which Pythagoras offered a hecatomb) ought to be

confounded with the pleasure that may attend the discovery of it."[7]

[Footnote 6: Price, _Review of the Principal Questions in Morals_, pp.

63, 74 _sq._]

[Footnote 7: _Ibid._ p. 63.]

According to another doctrine, the moral predicates, though not

regarded as expressions of "theoretical" truth, nevertheless derive

all their import from reason from "practical" or "moral" reason, as it

is variously {8} called. Thus Professor Sidgwick holds that the

fundamental notions represented by the word "ought" or "right," which

moral judgments contain expressly or by implication, are essentially

different from all notions representing facts of physical or psychical

experience, and he refers such judgments to the "reason," understood

as a faculty of cognition. By this he implies "that what ought to be

is a possible object of knowledge, _i.e._, that what I judge ought to

be, must, unless I am in error, be similarly judged by all rational

beings who judge truly of the matter." The moral judgments contain

moral _truths_, and "cannot legitimately be interpreted as judgments

respecting the present or future existence of human feelings or any

facts of the sensible world."[8]

[Footnote 8: Sidgwick, _Methods of Ethics_, pp. 25, 33 _sq._]

Yet our tendency to objectivise the moral judgments is no sufficient

ground for referring them to the province of reason. If, in this

respect, there is a difference between these judgments and others that

are rooted in the subjective sphere of experience, it is, largely, a

difference in degree rather than in kind. The aesthetic judgments,

which indisputably have an emotional origin, also lay claim to a

certain amount of "objectivity." By saying of a piece of music that it

is beautiful, we do not merely mean that it gives ourselves aesthetic

enjoyment, but we make a latent assumption that it must have a similar

effect upon everybody who is sufficiently musical to appreciate it.

This objectivity ascribed to judgments which have a merely subjective

origin springs in the first place from the similarity of the mental

constitution of men, and, generally speaking, the tendency to regard

them as objective is greater in proportion as the impressions vary

less in each particular case. If "there is no disputing of tastes,"

that is because taste is so extremely variable; and yet even in this

instance we recognise a certain "objective" standard by speaking of a

"bad" and a "good" taste. On the other hand, if the appearance of

objectivity in the moral judgments is so illusive as to {9} make it

seem necessary to refer them to reason, that is partly on account of

the comparatively uniform nature of the moral consciousness.

Society is the school in which men learn to distinguish between right

and wrong. The headmaster is Custom, and the lessons are the same for

all. The first moral judgments were pronounced by public opinion;

public indignation and public approval are the prototypes of the moral

emotions. As regards questions of morality, there was, in early

society, practically no difference of opinion; hence a character of

universality, or objectivity, was from the very beginning attached to

all moral judgments. And when, with advancing civilisation, this

unanimity was to some extent disturbed by individuals venturing to

dissent from the opinions of the majority, the disagreement was

largely due to facts which in no way affected the moral principle, but

had reference only to its application.

Most people follow a very simple method in judging of an act.

Particular modes of conduct have their traditional labels, many of

which are learnt with language itself; and the moral judgment commonly

consists simply in labelling the act according to certain obvious

characteristics which it presents in common with others belonging to

the same group. But a conscientious and intelligent judge proceeds in

a different manner. He carefully examines all the details connected

with the act, the external and internal conditions under which it was

performed, its consequences, its motive; and, since the moral estimate

in a large measure depends upon the regard paid to these

circumstances, his judgment may differ greatly from that of the man in

the street, even though the moral standard which they apply be exactly

the same. But to acquire a full insight into all the details which are

apt to influence the moral value of an act is in many cases anything

but easy, and this naturally increases the disagreement. There is thus

in every advanced society a diversity of opinion regarding the moral

value of certain modes of conduct which results from circumstances of

a purely {10} intellectual character--from the knowledge or ignorance

of positive facts,--and involves no discord in principle.

Now it has been assumed by the advocates of various ethical theories

that all the differences of moral ideas originate in this way, and

that there is some ultimate standard which must be recognised as

authoritative by everybody who understands it rightly. According to

Bentham, the rectitude of utilitarianism has been contested only by

those who have not known their own meaning:--"When a man attempts to

combat the principle of utility . . . his arguments, if they prove

anything, prove not that the principle is wrong, but that, according

to the applications he supposes to be made of it, it is

misapplied."[9] Mr. Spencer, to whom good conduct is that "which

conduces to life in each and all," believes that he has the support of

"the true moral consciousness," or "moral consciousness proper,"

which, whether in harmony or in conflict with the "pro-ethical"

sentiment, is vaguely or distinctly recognised as the rightful

ruler.[10] Samuel Clarke, the intuitionist, again, is of opinion that

if a man endowed with reason denies the eternal and necessary moral

differences of things, it is the very same "as if a man that has the

use of his sight, should at the same time that he beholds the sun,

deny that there is any such thing as light in the world; or as if a

man that understands Geometry or Arithmetick, should deny the most

obvious and known proportions of lines or numbers."[11] In short, all

disagreement as to questions of morals is attributed to ignorance or

misunderstanding.

[Footnote 9: Bentham, _Principles of Morals and Legislation_, p. 4 _sq._]

[Footnote 10: Spencer, _Principles of Ethics_, i. 45, 337 _sq._]

[Footnote 11: Clarke, _Discourse concerning the Unchangeable

Obligations of Natural Religion_, p. 179.]

The influence of intellectual considerations upon moral judgments is

certainly immense. We shall find that the evolution of the moral

consciousness to a large extent consists in its development from the

unreflecting to the reflecting, from the unenlightened to the

enlightened. All higher emotions are determined by cognitions, they

arise {11} from "the presentation of determinate objective

conditions";[12] and moral enlightenment implies a true and

comprehensive presentation of those objective conditions by which the

moral emotions, according to their very nature, are determined.

Morality may thus in a much higher degree than, for instance, beauty

be a subject of instruction and of profitable discussion, in which

persuasion is carried by the representation of existing data. But

although in this way many differences may be accorded, there are

points in which unanimity cannot be reached even by the most accurate

presentation of facts or the subtlest process of reasoning.

[Footnote 12: Marshall, _Pain_, _Pleasure_, _and Aesthetics_, p. 83.]

Whilst certain phenomena will almost of necessity arouse similar moral

emotions in every mind which perceives them clearly, there are others

with which the case is different. The emotional constitution of man

does not present the same uniformity as the human intellect. Certain

cognitions inspire fear in nearly every breast; but there are brave

men and cowards in the world, independently of the accuracy with which

they realise impending danger. Some cases of suffering can hardly fail

to awaken compassion in the most pitiless heart; but the sympathetic

dispositions of men vary greatly, both in regard to the beings with

whose sufferings they are ready to sympathise, and with reference to

the intensity of the emotion. The same holds good for the moral

emotions. The existing diversity of opinion as to the rights of

different classes of men and of the lower animals, which springs from

emotional differences, may no doubt be modified by a clearer insight

into certain facts, but no perfect agreement can be expected as long

as the conditions under which the emotional dispositions are formed

remain unchanged. Whilst an enlightened mind _must_ recognise the

complete or relative irresponsibility of an animal, a child, or a

madman, and _must_ be influenced in its moral judgment by the motives

of an act--no intellectual enlightenment, no scrutiny of facts, can

decide how far the interests of the {12} lower animals should be

regarded when conflicting with those of men, or how far a person is

bound, or allowed, to promote the welfare of his nation, or his own

welfare, at the cost of that of other nations or other individuals.

Professor Sidgwick's well-known moral axiom, "I ought not to prefer my

own lesser good to the greater good of another,"[13] would, if

explained to a Fuegian or a Hottentot, be regarded by him, not as

self-evident, but as simply absurd; nor can it claim general

acceptance even among ourselves. Who is that "Another" to whose

greater good I ought not to prefer my own lesser good? A

fellow-countryman, a savage, a criminal, a bird, a fish--all without

distinction? It will, perhaps, be argued that on this, and on all

other points of morals, there would be general agreement, if only the

moral consciousness of men were sufficiently developed.[14] But then,

when speaking of a "sufficiently developed" moral consciousness

(beyond insistence upon a full insight into the governing facts of

each case), we practically mean nothing else than agreement with our

own moral convictions. The expression is faulty and deceptive,

because, if intended to mean anything more, it presupposes an

objectivity of the moral judgments which they do not possess, and at

the same time seems to be proving what it presupposes. We may speak of

an intellect as sufficiently developed to grasp a certain truth,

because truth is objective; but it is not proved to be objective by

the fact that it is recognised as true by a "sufficiently developed"

intellect. The objectivity of truth lies in the recognition of facts

as true by all who understand them _fully_, whilst the appeal to a

_sufficient_ knowledge assumes their objectivity. To the verdict of a

perfect intellect, that is, an intellect which knows everything

existing, all would submit; but we can form no idea of a moral

consciousness which could lay claim to a similar authority. If the

believers in an all-good {13} God, who has revealed his will to

mankind, maintain that they in this revelation possess a perfect moral

standard, and that, consequently, what is in accordance with such a

standard must be objectively right, it may be asked what they mean by

an "all-good" God. And in their attempt to answer this question, they

would inevitably have to assume the objectivity they wanted to prove.

[Footnote 13: Sidgwick, _op. cit._ p. 383.]

[Footnote 14: This, in fact, was the explanation given by Professor

Sidgwick himself in a conversation which I had with him regarding his

moral axioms.]

The error we commit by attributing objectivity to moral estimates

becomes particularly conspicuous when we consider that these estimates

have not only a certain quality, but a certain quantity. There are

different degrees of badness and goodness, a duty may be more or less

stringent, a merit may be smaller or greater.[15] These quantitative

differences are due to the emotional origin of all moral concepts.

Emotions vary in intensity almost indefinitely, and the moral emotions

form no exception to this rule. Indeed, it may be fairly doubted

whether the same mode of conduct ever arouses exactly the same degree

of indignation or approval in any two individuals. Many of these

differences are of course too subtle to be manifested in the moral

judgment; but very frequently the intensity of the emotion is

indicated by special words, or by the way in which the judgment is

pronounced. It should be noticed, however, that the quantity of the

estimate expressed in a moral predicate is not identical with the

intensity of the moral emotion which a certain mode of conduct arouses

on a special occasion. We are liable to feel more indignant if an

injury is committed before our eyes than if we read of it in a

newspaper, and yet we admit that the degree of wrongness is in both

cases the same. The quantity of moral estimates is determined by the

intensity of the emotions which their objects tend to evoke under

exactly similar external circumstances.

[Footnote 15: It will be shown in a following chapter why there are no

degrees of rightness. This concept implies accordance with the moral

law. The adjective "right" means that duty is fulfilled.]

{14} Besides the relative uniformity of moral opinions, there is

another circumstance which tempts us to objectivise moral judgments,

namely, the authority which, rightly or wrongly, is ascribed to moral

rules. From our earliest childhood we are taught that certain acts

_are_ right and that others _are_ wrong. Owing to their exceptional

importance for human welfare, the facts of the moral consciousness are

emphasised in a much higher degree than any other subjective facts. We

are allowed to have our private opinions about the beauty of things,

but we are not so readily allowed to have our private opinions about

right and wrong. The moral rules which are prevalent in the society to

which we belong are supported by appeals not only to human, but to

divine, authority, and to call in question their validity is to rebel

against religion as well as against public opinion. Thus the belief in

a moral order of the world has taken hardly less firm hold of the

human mind than the belief in a natural order of things. And the moral

law has retained its authoritativeness even when the appeal to an

external authority has been regarded as inadequate. It filled Kant

with the same awe as the star-spangled firmament. According to Butler,

conscience is "a faculty in kind and in nature supreme over all

others, and which bears its own authority of being so."[16] Its

supremacy is said to be "felt and tacitly acknowledged by the worst no

less than by the best of men."[17] Adam Smith calls the moral

faculties the "vicegerents of God within us," who "never fail to

punish the violation of them by the torments of inward shame and

self-condemnation; and, on the contrary, always reward obedience with

tranquillity of mind, with contentment, and self-satisfaction."[18]

Even Hutcheson, who raises the question why the moral sense should not

vary in different men as the palate does, considers it {15} "to be

naturally destined to command all the other powers."[19]

[Footnote 16: Butler, 'Sermon II.--Upon Human Nature,' in _Analogy of

Religion_, _&c._ p. 403.]

[Footnote 17: Dugald Stewart, _Philosophy of the Active and Moral

Powers of Man_, i. 302.]

[Footnote 18: Adam Smith, _Theory of Moral Sentiments_, p. 235.]

[Footnote 19: Hutcheson, _System of Moral Philosophy_, i. 61.]

Authority is an ambiguous word. It may indicate knowledge of truth,

and it may indicate a rightful power to command obedience. The

authoritativeness attributed to the moral law has often reference to

both kinds of authority. The moral lawgiver lays down his rules in

order that they should be obeyed, and they are authoritative in so far

as they have to be obeyed. But he is also believed to know what is

right and wrong, and his commands are regarded as expressions of moral

truths. As we have seen, however, this latter kind of authority

involves a false assumption as to the nature of the moral predicates,

and it cannot be justly inferred from the power to command. Again, if

the notion of an external lawgiver be put aside, the moral law does

not generally seem to possess supreme authority in either sense of the

word. It does not command obedience in any exceptional degree; few

laws are broken more frequently. Nor can the regard for it be called

the mainspring of action; it is only one spring out of many, and

variable like all others. In some instances it is the ruling power in

a man's life, in others it is a voice calling in the desert; and the

majority of people seem to be more afraid of the blame or ridicule of

their fellowmen, or of the penalties with which the law threatens

them, than of "the vicegerents of God" in their own hearts. That

mankind prefer the possession of virtue to all other enjoyments, and

look upon vice as worse than any other misery,[20] is unfortunately an

imagination of some moralists who confound men as they are with men as

they ought to be.

[Footnote 20: _Idem_, _Inquiry into the Original of our Ideas of

Beauty and Virtue_, p. 248.]

It is said that the authority of the moral law asserts itself every

time the law is broken, that virtue bears in itself its own reward,

and vice its own punishment. But, to be sure, conscience is a very

unjust retributer. The more a person habituates himself to virtue the

more he {16} sharpens its sting, the deeper he sinks in vice the more

he blunts it. Whilst the best men have the most sensitive consciences,

the worst have hardly any conscience at all. It is argued that the

habitual sinner has rid himself of remorse at a great cost;[21] but it

may be fairly doubted whether the loss is an adequate penalty for his

wickedness. We are reminded that men are rewarded for good and

punished for bad acts by the moral feelings of their neighbours. But

public opinion and law judge of detected acts only. Their judgment is

seldom based upon an exhaustive examination of the case. They often

apply a standard which is itself open to criticism. And the feelings

with which men regard their fellow-creatures, and which are some of

the main sources of human happiness and suffering, have often very

little to do with morality. A person is respected or praised, blamed

or despised, on other grounds than his character. Nay, the admiration

which men feel for genius, courage, pluck, strength, or accidental

success, is often superior in intensity to the admiration they feel

for virtue.

[Footnote 21: Ziegler, _Social Ethics_, p. 103.]

In spite of all this, however, the supreme authority assigned to the

moral law is not altogether an illusion. It really exists in the minds

of the best, and is nominally acknowledged by the many. By this I do

not refer to the universal admission that the moral law, whether

obeyed or not, ought under all circumstances to be obeyed; for this is

the same as to say that what ought to be ought to be. But it is

recognised, in theory at least, that morality, either alone or in

connection with religion, possesses a higher value than anything else;

that rightness and goodness are preferable to all other kinds of

mental superiority, as well as of physical excellence. If this theory

is not more commonly acted upon, that is due to its being, in most

people, much less the outcome of their own feelings than of

instruction from the outside. It is ultimately traceable to some great

teacher whose own mind was ruled by the ideal of moral perfection, and

whose {17} words became sacred on account of his supreme wisdom, like

Confucius or Buddha,[22] or on religious grounds, like Jesus. The

authority of the moral law is thus only an expression of a strongly

developed, overruling moral consciousness. It can hardly, as Mr.

Sidgwick maintains, be said to "depend upon" the conception of the

objectivity of duty.[23] On the contrary, it must be regarded as a

cause of this conception--not only, as has already been pointed out,

where it is traceable to some external authority, but where it results

from the strength of the individual's own moral emotions. As clearness

and distinctness of the conception of an object easily produces the

belief in its truth, so the intensity of a moral emotion makes him who

feels it disposed to objectivise the moral estimate to which it gives

rise, in other words, to assign to it universal validity. The

enthusiast is more likely than anybody else to regard his judgments as

true, and so is the moral enthusiast with reference to his moral

judgments. The intensity of his emotions makes him the victim of an

illusion.

[Footnote 22: "Besides the ideal king, the personification of Power

and Justice, another ideal has played an important part in the

formation of early Buddhist ideas regarding their Master. . . . It was

the ideal of a perfectly Wise Man, the personification of Wisdom, the

Buddha" (Rhys Davids, _Hibbert Lectures on Some Points in the History

of Buddhism_, p. 141).]

[Footnote 23: Sidgwick, _op. cit._ p. 104.]

The presumed objectivity of moral judgments thus being a chimera,

there can be no moral truth in the sense in which this term is

generally understood. The ultimate reason for this is, that the moral

concepts are based upon emotions, and that the contents of an emotion

fall entirely outside the category of truth. But it may be true or not

that we have a certain emotion, it may be true or not that a given

mode of conduct has a tendency to evoke in us moral indignation or

moral approval. Hence a moral judgment is true or false according as

its subject has or has not that tendency which the predicate

attributes to it. If I say that it is wrong to resist evil, and yet

resistance to evil has no tendency whatever to call {18} forth in me

an emotion of moral disapproval, then my judgment is false.

If there are no general moral truths, the object of scientific ethics

cannot be to fix rules for human conduct, the aim of all science being

the discovery of some truth. It has been said by Bentham and others

that moral principles cannot be proved because they are first

principles which are used to prove everything else.[24] But the real

reason for their being inaccessible to demonstration is that, owing to

their very nature, they can never be true. If the word "Ethics," then,

is to be used as the name for a science, the object of that science

can only be to study the moral consciousness as a fact.[25]

[Footnote 24: Bentham, _Principles of Morals and Legislation_, p. 4.

_Cf._ Höffding, _Etik_, p. 43.]

[Footnote 25: _Cf._ Simmel, _Einleitung in die Moralwissenschaft_, i.

p. iii. _sq._; Westermarck, 'Normative und psychologische Ethik,' in

_Dritter Internationaler Congress für Psychologie in München_,

p. 428 _sq._]

Ethical subjectivism is commonly held to be a dangerous doctrine,

destructive to morality, opening the door to all sorts of libertinism.

If that which appears to each man as right or good, stands for that

which is right or good; if he is allowed to make his own law, or to

make no law at all; then, it is said, everybody has the natural right

to follow his caprice and inclinations, and to hinder him from doing

so is an infringement on his rights, a constraint with which no one is

bound to comply provided that he has the power to evade it. This

inference was long ago drawn from the teaching of the Sophists,[26]

and it will no doubt be still repeated as an argument against any

theorist who dares to assert that nothing can be said to be truly

right or wrong.

[Footnote 26: Zeller, _History of Greek Philosophy_, ii. 475.]

To this argument may, first, be objected that a scientific theory is

not invalidated by the mere fact that it is likely to cause mischief.

The unfortunate circumstance that there do exist dangerous things in

the world, proves that something may be dangerous and yet true.

Another question is whether any scientific truth really is mischievous

{19} on the whole, although it may cause much discomfort to certain

people. I venture to believe that this, at any rate, is not the case

with that form of ethical subjectivism which I am here advocating. The

charge brought against the Sophists does not at all apply to it. I do

not even subscribe to that beautiful modern sophism which admits every

man's conscience to be an infallible guide. If we had to recognise, or

rather if we did recognise, as right everything which is held to be

right by anybody, savage or Christian, criminal or saint, morality

would really suffer a serious loss. But we do not, and we cannot, do

so. My moral judgments are my own judgments; they spring from my own

moral consciousness; they judge of the conduct of other men not from

their point of view but from mine, not with primary reference to their

opinions about right and wrong, but with reference to my own. Most of

us indeed admit that, when judging of an act, we also ought to take

into consideration the moral conviction of the agent, and the

agreement or disagreement between his doing and his idea of what he

ought to do. But although we hold it to be wrong of a person to act

against his conscience, we may at the same time blame him for having

such a conscience as he has. Ethical subjectivism covers all such

cases. It certainly does not allow everybody to follow his own

inclinations; nor does it lend sanction to arbitrariness and caprice.

Our moral consciousness belongs to our mental constitution, which we

cannot change as we please. We approve and we disapprove because we

cannot do otherwise. Can we help feeling pain when the fire burns us?

Can we help sympathising with our friends? Are these phenomena less

necessary or less powerful in their consequences, because they fall

within the subjective sphere of experience? So, too, why should the

moral law command less obedience because it forms part of our own

nature?

Far from being a danger, ethical subjectivism seems to me more likely

to be an acquisition for moral practice. {20} Could it be brought home

to people that there is no absolute standard in morality, they would

perhaps be somewhat more tolerant in their judgments, and more apt to

listen to the voice of reason. If the right has an objective

existence, the moral consciousness has certainly been playing at

blindman's buff ever since it was born, and will continue to do so

until the extinction of the human race. But who does admit this? The

popular mind is always inclined to believe that it possesses the

knowledge of what _is_ right and wrong, and to regard public opinion

as the reliable guide of conduct. We have, indeed, no reason to regret

that there are men who rebel against the established rules of

morality; it is more deplorable that the rebels are so few, and that,

consequently, the old rules change so slowly. Far above the vulgar

idea that the right is a settled something to which everybody has to

adjust his opinions, rises the conviction that it has its existence in

each individual mind, capable of any expansion, proclaiming its own

right to exist, and, if need be, venturing to make a stand against the

whole world. Such a conviction makes for progress.

The origin and development of the moral ideas · 第 1 / 67 章