CHAPTER VI

ANALYSIS OF THE PRINCIPAL MORAL CONCEPTS

WE have assumed that the moral concepts are essentially

generalisations of tendencies in certain phenomena to call forth moral

emotions. We have further assumed that there are two kinds of moral

emotions: indignation and approval. If these assumptions hold good,

either indignation or approval must be at the bottom of every moral

concept. That such is really the case will, I think, become evident

from the present chapter, in which the principal of those concepts

will be analysed.

Our analysis will be concerned with moral concepts formed by the

civilised mind. Whilst the most representative of English terms for

moral estimates have equivalents in the other European languages, I do

not take upon myself to decide to what extent they have equivalents in

non-European tongues. That all existing peoples, even the very lowest,

have moral emotions is as certain as that they have customs, and there

can be no doubt that they give expression to those emotions in their

speech. But it is another question how far their emotions have led to

such generalisations as are implied in moral concepts. Concerning the

Fuegians M. Hyades observes, "Les idées abstraites sont chez eux à peu

près nulles. Il est difficile de définir exactement ce qu'ils

appellent un homme bon et un homme méchant; mais à coup sûr ils n'ont

pas la notion de ce qui est bon ou mauvais, abstraction faite de

l'individu ou de l'objet auquel ils appliqueraient l'un ou l'autre

{132} de ces attributs."[1] The language of the Californian Karok,

though rich in its vocabulary, is said to possess no equivalent for

"virtue."[2] In the aboriginal tongues of the highlanders of Central

India "there seem to be no expressions for abstract ideas, the few

such which they possess being derived from the Hindí. . . . . The

nomenclature of religious ceremony, of moral qualities, and of nearly

all the arts of life they possess, are all Hindí."[3] On a strict

examination of the language of the Tonga Islanders, Mariner could

discover "no words essentially expressive of some of the higher

qualities of human merit, as virtue, justice, humanity; nor of the

contrary, as vice, injustice, cruelty, &c. They have indeed

expressions for these ideas," he adds, but these expressions "are

equally applicable to other things. To express a virtuous or good man,

they would say, _tangata lillé_, a good man, or _tangata loto lillé_,

a man with a good mind; but the word lillé, good (unlike our word

virtuous), is equally applicable to an axe, canoe, or anything

else."[4] Of the Australian natives about Botany Bay and Port Jackson

Collins wrote, "That they have ideas of a distinction between good and

bad is evident from their having terms in their language significant

of these qualities." A fish of which they never ate, was _wee-re_, or

bad, whereas the kangaroo was _bood-yer-re_, or good; and these

expressions were used not only for qualities which they perceived by

their senses, but for all kinds of badness and goodness, and were the

only terms they had for wrong and right. "Their enemies were wee-re;

their friends bood-yer-re. On our speaking of cannibalism, they

expressed great horror at the mention, and said it was wee-re. On

seeing any of our people punished or reproved for ill-treating them,

they expressed their approbation, and said it was bood-yer-re, it was

right."[5]

[Footnote 1: Hyades and Deniker, _Mission scientifique du Cap Horn_,

vii. 251.]

[Footnote 2: Powers, _Tribes of California_, p. 22.]

[Footnote 3: Forsyth, _Highlands of Central India_, p. 139.]

[Footnote 4: Mariner, _Natives of the Tonga Islands_, ii. 147 _sq._]

[Footnote 5: Collins, _English Colony in New South Wales_, i. 548 _sq._]

{133} Considering, moreover, that even the European languages make use

of such general terms as "good" and "bad" for the purpose of

expressing moral qualities, it seems likely that, originally, moral

concepts were not clearly differentiated from other more comprehensive

generalisations, and that they assumed a more definite shape only by

slow degrees. At the same time we must not expect to find the

beginning of this process reflected in the vocabularies of languages.

There is every reason to believe that a savage practically

distinguishes between the "badness" of a man and the "badness" of a

piece of food, although he may form no clear idea of the distinction.

As Professor Wundt observes, "the phenomena of language do not admit

of direct translation back again into ethical processes: the ideas

themselves are different from their vehicles of expression, and here

as everywhere the external mark is later than the internal act for

which it stands."[6] Language is a rough generaliser; even superficial

resemblance between different phenomena often suffices to establish

linguistic identity between them. Compare the rightness of a line with

the rightness of conduct, the wrongness of an opinion with the

wrongness of an act. And notice the different significations given to

the verb "ought" in the following sentences:--"They ought to be in

town by this time, as the train left Paris last night"; "If you wish

to be healthy you ought to rise early"; "You ought always to speak the

truth." Though it may be shown that in these statements the predicate

"ought" signifies something which they all have in common--the

reference to a rule,[7]--we must by no means assume that this

constitutes the essence of the moral "ought," or gives us the clue to

its origin.

[Footnote 6: Wundt, _Ethik_, p. 36 (English translation, p. 44).]

[Footnote 7: _Cf._ Stephen, _Liberty, Equality, Fraternity_,

p. 343 _sq._]

Discarding all questions of etymology as irrelevant to our subject,[8]

we shall, in our analysis of moral concepts, {134} endeavour to fix

the true import of each concept by examining how, and under what

circumstances, the term expressing it is generally applied. We shall

restrict ourselves to the principal, typical terms which are used as

predicates in moral judgments. If we succeed in proving that they are

all fundamentally derived from either moral indignation or moral

approval, there can be no reasonable doubt as to the origin of the

rest.

[Footnote 8: The attempt to apply the philological method to an

examination of moral concepts has, in my opinion, proved a

failure--which may be seen from Mr. Baynes' book on _The Idea of God

and the Moral Sense in the Light of Language_.]

The tendency in a phenomenon to arouse moral indignation is directly

expressed by the term _bad_, and a disposition of mind which is

characterised by some special kind of badness is called _vice_.

Closely allied to the term "bad" is the term _wrong_. But there is a

difference in the use of these words. Whilst "bad" may be applied both

to a person's character and to his conduct, only his conduct may be

said to be "wrong." The reason for this is that the concept of moral

wrongness is modelled on the idea of a moral law, the breach of which

is regarded as "wrong." And, by laying down a moral law, we only

enjoin a certain mode of conduct; we do not command a person to have a

certain character.

The moral law is expressed by the term _ought_, a term which, in

modern ethics, generally occupies a central position among moral

predicates. The notion which it embodies is frequently looked upon as

ultimate and incapable of analysis--"too elementary" (to quote

Professor Sidgwick) "to admit of any formal definition."[9] This view,

I think, instead of simplifying the matter, has been one of the chief

causes of the prevailing confusion in ethical thought.

[Footnote 9: Sidgwick, _Methods of Ethics_, p. 33.]

Far from being a simple notion, "ought" appears to me clearly

decomposable, even though it have a special flavour of its own. First

of all, it expresses a conation. When I feel that I ought to do a

thing, I experience an impulse to do it, even though some opposite

impulse may finally determine my action. And when I say to another

man, "You ought to do this, or that," there is certainly implied {135}

a purpose to influence his action in a certain direction. In the

notion of _duty_, the ethical import of which is identical with that

of "ought," this conative element is not so obvious.

Closely connected with the conative nature of "ought" is the

imperative character it is apt to assume. But, though frequently used

imperatively, "ought" is not necessarily and essentially imperative.

Even if the "ought" which I address to myself, in a figurative sense,

may be styled a command, it is hardly appropriate to speak of a

present command with reference to past actions. The common phrase,

"You ought to have done this, or that," cannot be called a

command.

The conation expressed in "ought" is determined by the idea that the

mode of conduct which ought to be performed is not, or will possibly

not be, performed. It is also this idea of its not being performed

that determines the emotion which gives to "ought" the character of a

moral predicate. The doing of what ought not to be done, or the

omission of what ought not to be omitted, is apt to call forth moral

indignation--this is the most essential fact involved in the notion of

"ought." Every "ought"-judgment contains implicitly a negation. Nobody

would ever have dreamt of laying down a moral rule if the idea of its

transgression had not presented itself to his mind. We may reverse the

words of the Apostle,[10] and say that where no transgression is,

there is no law. When Solon was asked why he had specified no

punishment for one who had murdered a father, he replied that he

supposed it could not occur to any man to commit such a crime.[11]

Similarly, the modern Shintoist concludes that the primæval Japanese

were pure and holy from the fact that they are represented as a people

who had no moral commandments.[12] It is this prohibitive character of

"ought" that has imparted to duty that idea of antagonism to

inclination which has found its most famous expression {136} in the

Kantian ethics, and which made Bentham look upon the word itself as

having in it "something disagreeable and repulsive."[13] It is the

intrinsic connection between "ought" and "wrong" that has given to

duty the most prominent place in ethical speculation whenever moral

pessimism has been predominant. Whilst the ancient Greeks, with whom

happiness was the state of nature, never spoke of duty, but held

virtue to be the Supreme Good, Christianity, on the other hand, which

looked upon man as a being born and bred in sin, regarded morals

pre-eminently as the science of duty. Then, again, in modern times,

Kant's categorical imperative came as a reaction against that moral

optimism which once more had given the preference to virtue,

considering everything in the world or in humanity as beautiful and

good from the very beginning.[14] It is also worth noting that the

feeling of self-complacency connected with the consciousness of having

acted in accordance with the law of duty, has no distinctively

expressive name in ordinary language, while the opposite feeling is

known by so familiar and distinctive a term as "remorse." This is not,

as has been said,[15] "a significant indication of the moral condition

of mankind," but a significant indication of the true import of the

notion of duty itself.

[Footnote 10: _Romans_, iv. 15.]

[Footnote 11: Diogenes Laërtius, _Solon_, 10. Cicero, _Pro S. Roscio

Amerino_, 25.]

[Footnote 12: Griffis, _Religions of Japan_, p. 72.]

[Footnote 13: Bentham, _Deontoiogy_, i. 10.]

[Footnote 14: Ziegler, _Social Ethics_, pp. 22, 75 _sq._]

[Footnote 15: Murray, _Introduction to Ethics_, p. 108.]

It is not, then, in the emotion of approval that we must seek for the

origin of this concept. We may undoubtedly applaud him who is faithful

to his duty, but the idea of duty involves no applause. There is no

contradiction in the omission of an act being disapproved of and the

performance of it being praised. "Ought" and "duty" express only the

tendency of an omission to call forth disapproval, and say nothing

about the consequences of the act's performance. The conscientious man

refuses the homage paid to him, by saying, "I have only done my duty."

Duty is a "stern {137} lawgiver," who threatens with punishment, but

promises no reward.[16]

[Footnote 16: The intrinsic connection between duty and disapproval

has previously been noticed by Stuart Mill (in a note to James Mill's

_Analysis of the Human Mind_, ii. 325), according to whom "no case can

be pointed out in which we consider anything as a duty, and any act or

omission as immoral or wrong, without regarding the person who commits

the wrong and violates the duty as a fit object of punishment." _Cf._

also Bain, _Emotions and the Will_, ch. 15, and Gizycki, _Introduction

to the Study of Ethics_, English adaptation by Stanton Coit, p. 102

_sq._]

The ideas of "ought" and "duty" thus spring from the same source as

the ideas of "bad" and "wrong." To say that a man ought to do a thing

is, so far as the morality of his action is concerned, the very same

thing as to say that it is bad, or wrong, of him not to do it--in

other words, that the not-doing of it has a tendency to call forth

moral disapproval.

"Wrong" is popularly regarded as the opposite of _right_, and they are

really contradictories, but only within the sphere of positive moral

valuation. We do not call the actions of irresponsible beings, like

animals or infants, "right," although they are not wrong; nor do we

pronounce morally indifferent actions of responsible beings to be

"right," unless we wish thereby especially to mark their moral value

as not being wrong. An act which is permissible is of course not

wrong, and so far it may be said to be right; but it would be more

accurate to say that people have _a_ right to do it. The adjective

"right," in its strict sense, refers to cases from which the

indifferent is excluded. A right action is, on a given occasion, _the_

right action, and other alternatives are wrong. "Right" is thus

closely related to "ought," but at the same time "right" and

"obligatory" are not identical. I cannot quite subscribe to the view

of Professor Sidgwick, that "in the recognition of conduct as 'right'

is involved an authoritative prescription to do it."[17] What is right

is in accordance with the moral law; the adjective "right" means that

duty is fulfilled. It is true that the super-obligatory also is right.

But "right" takes no notice of the super-obligatory as distinct from

the obligatory, and what goes {138} beyond duty always involves the

fulfilment of some duty. It may be admitted to be "not only right,"

but not to be more right. Right has no comparative. A duty is either

fulfilled or not, and unless it be perfectly fulfilled the conduct is

wrong. There are degrees of wrongness and of goodness, as the moral

indignation and the moral approval may be stronger or weaker, but

there are no degrees of rightness.

[Footnote 17: Sidgwick, _op. cit._ p. 106.]

The fact that the right action is a duty fulfilled accounts for the

erroneous opinion so generally held by ethical writers that "right" is

intrinsically connected with moral approval.[18] The choice of the

right alternative may give us satisfaction and call forth in us an

emotion of approval. This emotion may be the motive for our pointing

out the rightness of the act, and the judgment in which we do so may

even intrinsically contain applause. The manner in which the judgment

"That is right," is pronounced, often shows that it is meant to be an

expression of praise. But this does not imply that the concept "right"

by itself has reference to moral approval and involves praise. It only

means that in one word is expressed a certain concept--the concept

that a duty is fulfilled--_plus_ an emotion of approval. That "right"

_per se_ involves no praise is obvious from the fact that we regard it

as perfectly right to pay a debt and to keep a promise, or to abstain

from killing, robbing, or lying, although such acts or omissions

generally have no tendency whatever to evoke in us an emotion of moral

approval.

[Footnote 18: Hutcheson, _Essay on the Nature and Conduct of the

Passions and Affections, with Illustrations on the Moral Sense_, p.

279. Clifford, _Lectures and Essays_, pp. 294, 304 _sq._ Fowler and

Wilson, _Principles of Morals_, ii. 199. Alexander, _Moral Order and

Progress_, p. 399.]

The concept of "right," then, as implying that the opposite mode of

conduct would have been wrong, ultimately derives its moral

significance from moral disapproval. This may seem strange considering

that "right" is commonly looked upon as positive and "wrong" as its

negation. But we must remember that language and popular conceptions

in these matters start {139} from the notion of a moral rule or

command. It is a matter of paramount importance that such modes of

conduct as are apt to arouse moral indignation should be avoided.

People try to prevent them by prohibitions and injunctions, often

emphasised by threats of penalties for the transgressors. The whole

moral and social discipline is based upon commands; customs are rules

of conduct, and so are laws. It is natural, then, that the notion of a

command should figure uppermost in popular conceptions of morality.

Obedience to the command is right, a breach of it is wrong. But the

fact which gives birth to the command itself is the indignation called

forth by the act which the command forbids, or by the omission of that

which it enjoins.

I have spoken here of "right" as an adjective. Used as a substantive,

to denote _a right_, it also, in whatever sense it be used, expresses

a concept which is rooted in the emotion of moral disapproval. To have

a right to do a thing is to be allowed to do it, either by positive

law, in the case of a legal right, or by the moral law, in the case of

a moral right; in other words, to have a moral right to do a thing

means that it is not wrong to do it. But generally the concept of "a

right" means something more than this. From the fact that an act is

allowable, that it is not wrong, it follows, as a rule, that it ought

not to be prevented, that no hindrance ought to be put in the way of

its performance; and this character of inviolability is largely

included in the very concepts of rights. That a man has a right to

live does not merely mean that he commits no wrong by supporting his

life, but it chiefly means that it would be wrong of other people to

prevent him from living, that it is their duty not to kill him, or

even, as the case may be, that it is their duty to help him to live.

And in order to constitute a right in him, the duty in question must

be a duty _to him_. That a right belonging to A is not merely a duty

incumbent on B, but a duty _to_ A incumbent on B, will become evident

from an example. To kill another {140} person's slave may be condemned

as an injury done to the slave himself, in which case it is a duty to

the slave not to kill him; or to kill another person's slave may be

condemned on account of the loss it causes to the master, in which

case it is deemed a duty to the master not to kill the slave. In the

latter case we can hardly say that the duty of not killing the slave

constitutes a right to live in the slave--it only constitutes a right

in the master to retain his slave alive, not to be deprived of him by

an act causing his death.

So commonly does the conception of a right belonging to a person

contain the idea of a duty which other persons owe him, that it seems

necessary to point out the existence of rights in which no such idea

is involved. A man's right to defend his country, for instance, does

not intrinsically imply that it is wrong of the enemy to disable him

from doing so. But, on the other hand, there are rights which are

nothing else than duties towards those who have the rights. A right is

not always a person's right to a certain activity, or to abstaining

from a certain activity; it may have exclusive reference to other

people's acts or omissions. That a man has the right to be rewarded by

his country only means that his country is under an obligation to

reward him. That a father has a right to be obeyed by his children

only means that it is a duty incumbent on his children to obey him.

That a person has the right of bodily integrity only means that it is

wrong to inflict on him a bodily injury. These rights may, no doubt,

if violated, give rise to certain rights of activity: a man may have a

right to claim the reward which is due to him, a father to exact from

his children the obedience which they owe him, a person who is wronged

to defend himself. But the rights of claiming a reward, of exacting

obedience, of resisting wrong, are certainly not identical with the

rights of being rewarded, of being obeyed, of not being

wronged.

It is commonly said that rights have their corresponding duties. But

if this expression is to be used, it must be {141} remembered that the

duty which "corresponds" to a right, as a matter of fact, is either

included in that right or simply identical with it. The identity

between the right and the duty, then, consists in this, that the

notion of a right belonging to a person is identical with the notion

of a duty towards him. Rights and duties are not identical in the

sense that it is always a duty to insist on a right, though this has

been urged.[19] If anybody prevents me from making use of my right it

may no doubt be deemed a duty on my part not to tolerate the wrong

committed against me, but nothing of the kind is involved in the

concept of a right. And the same may be said with reference to the

assertion that a right to do a thing is always, at the same time, a

duty to do it--an assertion which is a consequence of the doctrine

that there is nothing morally indifferent and nothing that goes beyond

duty; in other words, that all conduct of responsible beings is either

wrong or obligatory. Even if this doctrine were psychologically

correct--which it is not--even if there were a constant coincidence

between the acts which a person has a right to perform and acts which

it is his duty to perform, that would not constitute identity between

the concepts of rights and duties. According to the meaning of a

right, A's right may be B's duty towards A, but A's right cannot be

A's duty towards B or anybody else.

[Footnote 19: Alexander, _op. cit._ p. 146 _sq._]

Closely connected with the notions of wrongness and rightness are the

notions of _injustice_ and _justice_. Injustice, indeed, is a kind of

wrongness. To be unjust is always to be unjust to somebody, and this

implies a doing of wrong to somebody, a violation of somebody's right.

"Justice," again, is a kind of rightness. It involves the notion that

a duty to somebody, a duty corresponding to a right, is fulfilled;[20]

we say that justice "demands" that it should be fulfilled. As an act

is "right" if its omission {142} is wrong, so an act is "just," in the

strict sense of the word, if its omission is unjust. But, like the

adjective "right," the adjective "just" is also sometimes used in a

wider sense, to denote that something is "not unjust." As

non-obligatory acts that are "not wrong" can hardly be denied to be

"right," so non-obligatory acts that are "not unjust" can hardly be

denied to be "just," although they are not demanded by justice.

[Footnote 20: According to the _Institutiones_ of Justinian (i. 1. 1)

"justice is the constant and perpetual will to render to each one his

right,"--"justitia est constans et perpetua voluntas jus suum cuique

tribuens."]

At the same time, "injustice" and "justice" are not simply other names

for violating or respecting rights. Whenever we style an act "unjust,"

we emphasise that it involves partiality. We do not denominate murder

and robbery unjust, but wrong or criminal, because the partiality

involved in their commission is quite obscured by their general

wrongness or criminality; but we at once admit their gross injustice

when we consider that the murderer and robber indulged their own

inclinations with utter disregard of their neighbours' rights. And we

look upon "unjust" as an exceedingly appropriate term for a judge who

condemns an innocent man with the intention to save the culprit, and

for an employer who keeps for himself a profit which he ought to share

with his employees. Again, when we style an act "just," in the strict

sense of the term, we point out that an undue preference would have

been shown to somebody by its omission. It is true that, as Adam Smith

observes, "we may often fulfil all the rules of justice by sitting

still and doing nothing,"[21] and that the man who barely abstains

from violating either the person or the estate or the reputation of

his neighbours so far does justice to them; but in such a case we

hardly apply the epithet "just," simply because there is no reason for

emphasising the partiality involved in the opposite mode of conduct.

On the other hand, we say it is just, or, more emphatically, that

justice demands, that the innocent should not suffer in the place of

the guilty, or that the employer should give his employees all their

dues.

[Footnote 21: Adam Smith, _Theory of Moral Sentiments_, p. 117.]

It is necessary to note that the impartiality which justice {143}

demands is impartiality within the recognised order of rights, whether

these rights themselves have a partial origin or not. A father is

unjust if he gives away property to one of his children in preference

to others, in case all of them are recognised to have a right to an

equal share in his property, even though it be only a conditional

right; and a man is unjust if he keeps for himself a profit to which

another man has an equal right. But in a society which regards slavery

as a morally permissible institution, a man is not necessarily deemed

unjust if he beats a slave in a case where it would have been wrong to

beat a freeman. However, in the case of unequal rights, justice admits

of no greater difference of treatment than what the difference in

rights implies. It may be just to punish a man who by a crime has

forfeited that right to be protected from wilfully inflicted pain

which every law-abiding citizen possesses, but it is unjust to extend

the inequality between his condition and the condition of others

beyond the inequality of their rights by inflicting upon him a

punishment which is unduly severe.

It is the emphasis laid on the duty of impartiality that gives justice

a special prominence in connection with punishments and rewards. A

man's rights depend to a great extent upon his actions. Other things

being equal, the criminal has not the same rights to inviolability as

regards reputation, or freedom, or property, or life, as the innocent

man; the miser and egoist have not the same rights as the benefactor

and the philanthropist. On these differences in rights due to

differences in conduct, the terms "just" and "unjust" lay stress; for

in such cases an injustice would have been committed if the rights had

been equal. When we say of a criminal that he has been "justly"

imprisoned we point out that he was no victim of undue partiality, as

he had forfeited the general right to freedom on account of his crime.

When we say of a benefactor that he has been "justly" rewarded, we

point out that no favour was partially bestowed upon him in preference

to others, as he had acquired the special right of being rewarded. But

the {144} "justice" of a punishment or a reward, strictly speaking,

involves something more than this; as we have seen, what is strictly

"just" is always the discharge of a duty corresponding to a right

which would have been in a partial manner disregarded by a

transgression of the duty. If it is just that a person should be

rewarded, he ought to be rewarded, and to fulfil this duty is to do

him justice. Again, if it is just that a person should be punished, he

ought to be punished, and his not being punished is an injustice to

other persons. It is an injustice towards all those whose condemnation

of the wrong act finds its recognised expression in the punishment,

inasmuch as their rightful claim that the criminal should be punished,

their right of resisting wrong, is thereby violated in favour of the

wrong-doer. Moreover, his not being punished is an injustice towards

other criminals, who have been punished for similar acts, in so far as

they have a right to demand that no undue preference should be shown

to anybody whose guilt is equal to theirs. Retributive justice may

admit of a certain latitude as to the retribution. It may be a matter

of small concern from the community's point of view whether men are

fined or imprisoned for the commission of a certain crime. But it may

be a demand of justice that, under equal circumstances, all of them

should be punished with the same severity, since the crime has equally

affected their rights.

The emphasis which "injustice" lays on the partiality of a certain

mode of conduct always involves a condemnation of that partiality.

Like every other kind of wrongness, "injustice" is thus a concept

which is obviously based on the emotion of moral disapproval. And so

is the concept of "justice," whether it involves the notion that an

injustice would be committed if a certain duty were not fulfilled, or

it is simply used to denote that a certain mode of conduct is "not

unjust." But there is yet another sense in which the word "just" is

applied. It may emphasise the impartiality of an act in a tone of

praise. Considering how difficult it is to be perfectly impartial and

to give every man his due, especially when one's own interests are

{145} concerned, it is only natural that men should be applauded for

being just, and consequently that to call a person just should often

be to praise him. So, also, "justice" is used as the name for a

virtue, "the mistress and queen of all virtues."[22] But all this does

not imply that an emotion of moral approval enters into the concept of

justice. It only means that one word is used to express a certain

concept--a concept which, as we have seen, ultimately derives its

import from moral disapproval--_plus_ an emotion of approval. That the

concept of justice by itself involves no reference to the emotion of

moral approval appears from the fact that it is no praise to say of an

act that it is "only just."

[Footnote 22: Cicero, _De officiis_, iii. 6.]

* * * * *

From the concepts springing from moral disapproval we pass to those

springing from moral approval. Foremost among these ranks the concept

_good_.[23]

[Footnote 23: Professor Bain, who takes a very legal view of the moral

consciousness, maintains (_Emotions and the Will_, p. 292) that

"positive good deeds and self-sacrifice . . . transcend the region of

morality proper, and occupy a sphere of their own." A similar opinion

has been expressed by Prof. Durkheim (_Division du travail social_),

and, more recently, by Dr. Lagerborg, in his interesting essay, 'La

nature de la morale' (_Revue internationale de Sociologie_, xi. 466).

Prof. Durkheim argues (p. 30) that it would be "contraire à toute

méthode" to include under the same heading acts which are obligatory

and acts which are objects of admiration, and at the same time exempt

from all regulation. "Si donc, pour rester fidèle à l'usage, on

réserve aux premiers la qualification de moraux, on ne saurait la

donner également aux seconds." But I fail to see that ordinary usage

recognises regulation as the test of morality. On the contrary, terms

like "goodness" and "virtue," though having no reference whatever to

any moral rule, have always hitherto been applied to qualities

avowedly moral.]

Though "good," being affixed to a great variety of objects, takes

different shades of meaning in different cases, there is one

characteristic common to everything called "good." This is hardly, as

Mr. Spencer maintains,[24] its quality of being well adapted to a

given end. It is true that the good knife is one which will cut, the

good gun one which carries far and true. But I fail to see that "good"

in a moral sense involves any idea of an adaptation to a given

purpose, and, by calling conduct {146} "good," we certainly do not mean

that it "conduces to life in each and all." "Good" simply expresses

approval or praise of something on account of some quality which it

possesses. A house is praised as "good" because it fulfils the end

desired, a wine because it has an agreeable taste, a man on account of

his moral worth. "Good," as a moral epithet, involves a praise which

is the outward expression of the emotion of moral approval, and is

affixed to a subject of moral valuation on account of its tendency to

call forth such an emotion.

[Footnote 24: Spencer, _Principles of Ethics_, i. 21 _sqq._]

"Good" has commonly been identified with "right," but such an

identification is incorrect. A father does right in supporting his

young children, inasmuch as he, by supporting them, discharges a duty

incumbent upon him, but we do not say that he does a good deed by

supporting them, or that it is good of him to do so. Nor do we call it

good of a man not to kill or rob his neighbours, although his conduct

is so far right. The antithesis between right and wrong is, in a

certain sense at least, contradictory, the antithesis between good and

bad is only contrary. Every act--provided that it falls within the

sphere of positive moral valuation--that is not wrong is right, but

every act that is not bad is not necessarily good. Just as we may say

of a thing that it is "not bad," and yet refuse to call it "good," so

we may object to calling the simple discharge of a duty "good,"

although the opposite mode of conduct would be bad. On the other hand,

no confusion of ethical concepts is involved in attributing goodness

to the performance of a duty, or, in other words, praising a man for

an act the omission of which would have incurred blame. To say of one

and the same act that it is right and that it is good, really means

that we look upon it from different points of view. Since moral praise

expresses a benevolent attitude of mind, it is commendable for a man

not to be niggard in his acknowledgment of other people's right

conduct; whereas, self-praise being objectionable, only the other

point of view is deemed proper when he passes a {147} judgment upon

himself. He may say, without incurring censure, "I have done my duty,

I have done what is right," but hardly, "I have done a good deed"; and

it would be particularly obnoxious to say, "I am a good man." The best

man even refuses to be called good by others:--"Why callest thou me

good? there is none good but one, that is, God."[25]

[Footnote 25: _St. Matthew_, xix. 17.]

Whilst "goodness" is the general expression for moral praise, _virtue_

denotes a disposition of mind which is characterised by some special

kind of goodness. He who is habitually temperate possesses the virtue

of temperance, he who is habitually just the virtue of justice. And

even when a man is simply said to be "virtuous," this epithet is given

to him, more or less distinctly, with reference to some branch of

goodness which constitutes his virtue. A Supreme Being, to whom is

attributed perfect goodness, is not called virtuous, but

good.

It was the opinion of Aristotle that virtue is imperfect so long as

the agent cannot do the virtuous action without a conflict of

impulses. Others maintain, on the contrary, that virtue essentially

expresses effort, resistance, and conquest. It has been represented as

"mediation through pain";[26] according to Kant, it is "the moral

disposition in struggle."[27] But I do not see that virtue presupposes

struggle, nor that it is lessened by being exercised with little or no

effort. A virtue consists in the disposition to will or not to will

acts of a certain kind, and is by no means reduced by the fact that no

rival impulses make themselves felt. It is true that by struggle and

conquest a man may display more virtue, namely, the virtue of

self-restraint in addition to the virtue gained by it. The vigorous

and successful contest against temptation constitutes a virtue by

itself. For instance, the quality of mind which is exhibited in a

habitual and victorious effort to conquer strong sexual passions is a

virtue distinguishable from that of chastity. But even this virtue of

{148} resisting seductive impulses is not greater, _ceteris paribus_,

in proportion as the victory is more difficult. Take two men with

equally strong passions and equally exposed to temptations, who

earnestly endeavour to lead a chaste life. He who succeeds with less

struggle, thanks to his greater power of will, is surely inferior

neither in chastity nor in self-restraint. Suppose, again, that the

two men were exposed to different degrees of temptation. He who

overcomes the greater temptation _displays_ more self-restraint; yet

the other man may possess this virtue in an equal degree, and his

chastity is certainly not made greater thereby. He may have more

merit, but merit is not necessarily proportionate to virtue.

[Footnote 26: Laurie, _Ethica_, p. 253 _sqq._]

[Footnote 27: Kant, _Kritik der praktischen Vernunft_, i. 1. 3

(_Sämmtliche Werke_, v. 89).]

The virtues are broad generalisations of mental dispositions which, on

the whole, are regarded as laudable. Owing to their stereotyped

character, it easily happens, in individual cases, that the possession

of a virtue confers no merit upon the possessor; and, at least from

the point of view of the enlightened moral consciousness, a man's

virtues are no exact gauge of his moral worth. In order to form a just

opinion of the value of a person's character, we must take into

account the strength of his instinctive desires and the motives of his

conduct. There are virtues that pay no regard to this. A sober man,

who has no taste for intoxicants, possesses the virtue of sobriety in

no less degree than a man whose sobriety is the result of a difficult

conquest over a strong desire. He who is brave with a view to be

applauded is not, as regards the virtue of courage, inferior to him

who faces dangers merely from a feeling of duty. The only thing that

the possession of a virtue presupposes is that it should have been

tried and tested. We cannot say that people unacquainted with

intoxicants possess the virtue of sobriety, and that a man who never

had anything to spend distinguishes himself for frugality. For to

attribute a virtue to somebody is always to bestow upon him some

degree of praise, and it is no praise, only irony, to say of a man

that he "makes a virtue of necessity."

{149} Attempts have been made to reconcile the Aristotelian and the

Kantian views of the relation between virtue and effort, by saying

that virtue is the harmony won and merit is the winning of it.[28]

This presupposes that a man to whom virtue is natural has had his

fights. But, surely, it is not always so. Who could affirm that every

temperate, or charitable, or just man has acquired the virtue only as

a result of inward struggle? There are people to whom some virtues at

least are natural from the beginning, and others who acquire them with

a minimum of effort.

[Footnote 28: Dewey, _Study of Ethics_, p. 133 _sq._ Simmel,

_Einleitung in die Moralwissenschaft_, i. 228. _Cf._ also Shaftesbury

'Inquiry concerning Virtue and Merit,' i. 2. 4, in _Characteristicks_,

ii. 36 _sqq._]

There has been much discussion about the relation between virtue and

duty. It has been said that "they are co-extensive, the former

describing conduct by the quality of the agent's mind, the latter by

the nature of the act performed";[29] that they express the same

ideal, virtue subjectively, duty objectively;[30] or that virtue, in

its proper sense, is "the quality of character that fits for the

discharge of duty," and that it "only lives in the performance of

duty."[31] At the same time it is admitted that "the distinctive mark

of virtue seems to lie in what is beyond duty," and that "though every

virtue is a duty, and every duty a virtue, there are certain actions

to which it is more natural to apply the term virtuous."[32] Prof.

Sidgwick, again, in his elaborate chapter on 'Virtue and Duty,'

remarks that he has "thought it best to employ the terms so that

virtuous conduct may include the performance of duty as well as

whatever good actions may be commonly thought to go beyond duty;

though recognising that virtue in its ordinary use is most

conspicuously manifested in the latter."[33]

[Footnote 29: Alexander, _op. cit._ p. 244.]

[Footnote 30: Grote, _Treatise on the Moral Ideals_, p. 22. _Cf._

Seth, _Study of Ethical Principles_, p. 239.]

[Footnote 31: Muirhead, _Elements of Ethics_, p. 190 n.*]

[Footnote 32: Alexander, _op. cit._ p. 243 _sq._]

[Footnote 33: Sidgwick, _op. cit._ p. 221.]

It can be no matter of surprise that those who regard the notion of

"duty" as incapable of being analysed, or {150} who fail to recognise

its true import, are embarrassed by its relation to virtue. We do not

call it a virtue if a man habitually abstains from killing or robbing,

or pays his debts, or performs a great number of other duties. We do

call chastity and temperance and justice virtues, although we regard

it as obligatory on a man to be chaste, temperate, just. We also call

hospitality, generosity, and charity virtues in cases where they go

beyond the strict limits of duty. "The relation of virtue and duty is

complicated," says Professor Alexander.[34] "In its common use each

term seems to include something excluded from the other," observes

Professor Sidgwick.[35] But, indeed, the relation is not complicated,

for there is no other intrinsic relation between them than their

common antagonism to "wrong." That something is a duty implies that

its non-performance tends to evoke moral indignation, that it is a

virtue implies that its performance tends to evoke moral approval.

That the virtues actually cover a comparatively large field of the

province of duty is simply owing to their being dispositions of mind.

We may praise the habits of justice and gratitude, even though we find

nothing praiseworthy in an isolated just or grateful act.

[Footnote 34: Alexander, _op. cit._ p. 244.]

[Footnote 35: Sidgwick, _op. cit._ p. 219.]

There has been no less confusion with regard to the relation between

duty and _merit_. Like the notions of "good" and "virtue," the

"meritorious" derives its origin from the emotion of moral approval;

but while the former merely express a tendency to give rise to such an

emotion, "meritorious" implies that the object to which it refers

merits praise, that it has a just claim to praise, or, in other words,

that it ought to be recognised as good. This makes the term

"meritorious" more emphatic than the term "good," but at the same time

it narrows its province in a peculiar way. Just as the expression that

something ought to be done implies the idea of its not being done, so

the word "meritorious" suggests the idea of goodness which may fail of

due recognition. And as it is meaningless to speak of duty in a case

where the {151} opposite mode of conduct is entirely out of the

question, so it would be an absurdity to attribute merit to somebody

for an act the goodness of which is universally admitted. Thus

"meritorious" involves a restriction. It would be almost blasphemous

to call the acts of a God conceived to be infinitely good meritorious,

since it would suggest a limitation of his goodness.

The emphatic claim to praiseworthiness made by the "meritorious" has

rendered it objectionable to a great number of moralists. It has been

identified with the "super-obligatory"--a conception which is to many

an abomination. From what has been said above, however, it is manifest

that they are not identical. As the discharge of a duty may be

regarded as a good act, so it may also be regarded as an act which

ought to be recognised as good. Practically, no doubt, there is a

certain antagonism between duty and merit. We praise, and, especially,

we regard as deserving praise, only what is above the average,[36] and

we censure what is below it. No merit is conferred upon him who

performs a duty which is seldom transgressed, or the transgression of

which would actually incur punishment or censure. We do not think that

a man ought to be praised for what his own interest prompts him to

perform; and, since the transgression of a moral command which is

usually obeyed is generally censured or punished, there is under

ordinary circumstances nothing meritorious in performing a duty. But

though thus probably most acts which are deemed meritorious fall

outside the limits of duty as roughly drawn by the popular mind, we

are on the other hand often disposed to attribute merit to a man on

account of an act which, from a strict point of view, is his duty, but

a duty which most people, under the same circumstances, would have

left undischarged. This shows that the antagonism between duty and

merit is not absolute. And in the concept of merit _per se_ no such

antagonism is involved.

[Footnote 36: Merit, as Professor Alexander puts it (_op. cit._ p.

196), "expresses the interval which separates the meritorious from the

average."]

{152} I confess that I fail to grasp what those writers really mean

who identify the "meritorious" with the "super-obligatory," and at the

same time deny the existence of any super-obligatory. Do they shut

their eyes to the important psychical fact indicated by the term

"merit," or do they look upon it as a chimera inconsistent with a

sufficiently enlightened moral consciousness? For my own part, I

cannot see how the moral consciousness could dispense with the idea

that there are actions which merit praise or reward, which ought to be

praised or rewarded. The denial of merit can be defended from a purely

theological point of view, but then only with regard to man's relation

to God. It is obvious that a fallen being who is sinning even when he

does his best, could not be recognised as good by God and could have

no merit. But it is hardly just, nor is it practically possible, that

a man should measure his fellow-man by a superhuman standard of

perfection, and try to suppress the natural emotion of moral approval

and the claims springing from it, by persuading himself that there is

no mortal being who ever does anything which ought to be recognised as

good.

Quite distinct from the question of merit, then, is that of the

_super-obligatory_. Can a man do more than his duty, or, in other

words, is there anything good which is not at the same time a duty?

The answer depends on the contents given to the commandments of duty,

hence it may vary without affecting the concept of duty itself. If we

consider that there is an obligation on every man to promote the

general happiness to the very utmost of his ability, we must also

maintain that nobody can ever do anything good beyond his duty. The

same is the case if we regard "self-realisation," or a "normal"

exercise of his natural functions, as a man's fundamental duty. In all

these cases "to aim at acting beyond obligation," as Price puts

it,[37] is "the same with aiming at acting contrary to obligation, and

doing more than is fit to be done, the same with doing wrong." It can

hardly be denied, however, {153} that those who hold similar views have

actually two standards of duty, one by which they measure man and his

doings in the abstract, with reference to a certain ideal of life

which they please to identify with duty, and another by which they are

guided in their practical moral judgments upon their own and their

neighbours' conduct. The conscientious man is apt to judge himself

more severely than he judges others, partly because he knows his own

case better than theirs,[38] and partly because he is naturally afraid

of being intolerant and unjust. He may indeed be unwilling to admit

that he ever can do more than his duty, seeing how difficult it is

even to do what he ought to do, and impressed, as he would be, with

the feeling of his own shortcomings. Yet I do not see how he could

conscientiously deny that he has omitted to do many praiseworthy or

heroic deeds without holding himself blamable for such omissions.

[Footnote 37: Price, _Review of the Principal Questions in Morals_,

p. 204 _sq._]

[Footnote 38: _Cf._ Sidgwick, _op. cit._ p. 221.]

Professor Sidgwick observes that "we should not deny that it is, in

some sense, a man's strict duty to do whatever action he judges most

excellent, so far as it is in his power."[39] This, as it seems to me,

is not a matter of course, and nothing of the kind is involved in the

notion of duty itself. We must not confound the moral law with the

moral ideal. Duty is the minimum of morality, the supreme moral ideal

of the best man is the maximum of it. Those who sum up the whole of

morality in the word "ought" identify the minimum and the maximum, but

I fail to see that morality is better for this. Rather it is worse.

The recognition of a "super-obligatory" does not lower the moral

ideal; on the contrary it raises it, or at any rate makes it more

possible to vindicate the moral law and to administer it justly. It is

nowadays a recognised principle in legislation that a law loses part

of its weight if it cannot be strictly enforced. If the realisation of

the highest moral ideal is commanded by a moral law, such a law will

always remain a dead letter, and morality will gain nothing. Far above

the anxious {154} effort to fulfil the commandments of duty stands the

free and lofty aspiration to live up to an ideal, which, unattainable

as it may be, threatens neither with blame nor remorse him who fails

to reach its summits. Does not experience show that those whose

thoughts are constantly occupied with the prescriptions of duty are

apt to become hard and intolerant?

[Footnote 39: _Ibid._ p. 219.]

Those who deny the existence of anything morally "praiseworthy" which

is not a duty, are also generally liable to deny the existence of

anything morally _indifferent_ in the conduct of responsible beings.

The "super-obligatory" and the "indifferent" have this in common, that

they are "ultra-obligatory," and the denial of the one as well as of

the other is an expression of the same tendency to look upon the moral

law as the sole fact of the moral consciousness. Even Utilitarianism

cannot consistently admit of anything indifferent within the province

of moral valuation, since two opposite modes of conduct can hardly

produce absolutely the same sum of happiness. Such a repudiation of

the "indifferent" being quite contrary to the morality of common

sense, which, after all, no ethical theory can afford to neglect,

considerable ingenuity has been wasted on vain attempts to show that

the "indifferent" is nothing but a rude popular conception unable to

keep its ground against a thoroughgoing examination. Professor Ziegler

ironically asks:--"Such outward matters as eating and drinking are

surely morally indifferent? And yet is eating and drinking too much,

is spending too much time in outdoor exercise, is lounging idly about,

morally indifferent? or, on the other hand, is it morally allowable or

wholesome to reduce oneself and make oneself weak and ill by fasting,

or to become a hypochondriac by continually staying indoors?"[40] This

argument, however, involves a confusion of different volitions. The

fact that eating or drinking generally, or eating or drinking too much

or too little, are no matters of indifference, surely does not prevent

{155} eating or drinking on some certain occasion from being

indifferent. Mr. Bradley again observes:--"It is right and a duty that

the sphere of indifferent detail should exist. It is a duty that I

should develop my nature by private choice therein. Therefore,

_because_ that is a duty, it is a duty _not_ to make a duty of every

detail; and thus in every detail I have done my duty."[41] This

statement also shows a curious confusion of entirely different facts.

It may be very true that it is a duty to recognise certain actions as

indifferent. This is one thing by itself. But it is quite another

thing to perform those actions. And if it is a duty to recognise

certain actions as indifferent how could it possibly at the same time

be held a duty to perform them?

[Footnote 40: Ziegler, _op. cit._ p. 85.]

[Footnote 41: Bradley, _Ethical Studies_, p. 195, n. 1.]

It has been maintained that the sphere of the indifferent forms the

totality of "ought"; that when the same end may be reached by a

variety of means, an action may be indifferent merely in relation to

the choice of means, but not so far as regards the attainment of the

end, and hence is only apparently indifferent.[42] "If it is my moral

duty to go from one town to another," says Mr. Bradley, "and there are

two roads which are equally good, it is indifferent to the proposed

moral duty _which_ road I take; it is not indifferent _that_ I do take

one or the other; and whichever road I do take, I am doing my duty on it,

and hence it is far from indifferent: my walking on road A is a matter

of duty in reference to the end, though not a matter of duty if you

consider it against walking on road B; and so with B--but I can escape

the sphere of duty neither on A nor on B." All this is true, but forms

no argument against the "indifferent." The statement, "You ought to go

to the town and to take either road A or B," refers to two volitions

which are regarded as wrong, namely, the volition not to go to the

town at all, and the volition to take any road not A or B; and it

{156} refers also to two pairs of volitions in reference to which it

indicates that the choice between the volitions constituting each pair

is indifferent. You may choose to take road A or not to take it; you

may choose to take road B or not to take it. The "indifferent" is

always an alternative between contradictories. It can therefore never

form part of an "ought"-totality, being itself a totality as complete

as possible. This is somewhat disguised by a judgment which makes an

obligation of a choice between A and B, but becomes conspicuous if we

consider a simple case of indifference. Suppose that it is considered

indifferent whether you speak or do not speak on a certain occasion.

What is here the "ought" that forms the totality of the indifferent?

Would there be any sense in saying that you ought either to speak or

not to speak? or is the alternative, speaking--not speaking, only a

link in an indefinite chain of alternatives, each of which is by

itself indifferent, in a relative sense, but the sum of which forms

the "ought"? You may be permitted--it will perhaps be argued--in a

given moment to speak or to abstain from speaking, to write or to

abstain from writing, to read or to abstain from reading, and so on;

but however wide the province of the permissible may be, there must

always be a limit inside which you ought to remain. That you do this

or that may be a matter of indifference, but only of relative

indifference, for it is not indifferent what you do on the whole;

hence there is nothing absolutely indifferent. Such an argument,

however, involves a misapprehension of the true meaning of the

"indifferent." The predicate expressing indifference refers to certain

definite volitions and their contradictories, not to the whole of a

man's conduct in a certain moment. The whole of a man's conduct is

never indifferent. But neither is the whole of a man's conduct ever

wrong. In the moment when a murderer kills his victim he is fulfilling

an endless number of duties: he abstains from stealing, lying,

committing adultery, suicide, and so on. The predicate "wrong" only

marks the moral {157} character of a special mode of conduct. Why

should not the indifferent be allowed to do the same?

[Footnote 42: Simmel, _op. cit._ i. 35 _sqq._ Alexander, _op. cit._

p. 50 _sqq._ Murray, _op. cit._ p. 26 _sq._ Bradley, _op. cit._

p. 195 _sq._]

It has, finally, been observed that the so-called "indifferent" is

something "the morality of which can only be individually

determined."[43] This remark calls attention to the fact that no mode

of conduct can be regarded as indifferent without a careful

consideration of individual circumstances, and that much which is

apparently indifferent is not really so. This, however, does not

involve an abolition of the indifferent. Such an abolition would be

the extreme of moral intolerance. He who tried to put it into practice

would be the most insupportable of beings, and to himself life would

be unbearable. Fortunately, such a man has never existed. The attempts

to make every action, even the most trivial, of responsible beings a

matter of moral concern, are only theoretical fancies without

practical bearing, a hollow and flattering tribute to the idol of

Duty.

[Footnote 43: Martensen, _Christian Ethics_, p. 415.]

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