Chapter XIII.

CASUISTRY.

Casuistry is the application of the general principles of morality to

individual _cases_ in which there is room for question as to duty. The

question may be as to the obligation or the rightfulness of a particular

act, as to the choice between two alternative courses, as to the measure

or limit of a recognized duty, or as to the grounds of preference when

there seems to be a conflict of duties. A large proportion of these cases

disappear under any just view of moral obligation. Most questions of

conscience have their origin in deficient conscientiousness. He who is

determined to do the right, the whole right, and nothing but the right, is

seldom at a loss to know what he ought to do. But when the aim is to evade

all difficult duties which can be omitted without shame or the clear

consciousness of wrong, and to go as close as possible to the boundary

line between good and evil without crossing it, the questions that arise

are often perplexing and complicated, and they are such as, in the

interest of virtue, may fittingly remain unanswered. There are always

those whose aim is, not to attain any definite, still less any

indefinitely high, standard of goodness, but to be saved from the penal

consequences of wrong-doing; and there are even (so-called) religious

persons, and teachers too, with whom this negative indemnity from

punishment fills out the whole meaning of the sacred and significant term

_salvation_. It must be confessed that questions which could emanate only

from such minds, furnish a very large part of the often voluminous and

unwieldy treatises on casuistry that have come down to us from earlier

times, especially of those of the Jesuit moralists, whose chief endeavor

is to lay out a border-path just outside the confines of acknowledged

wrong and evil.

Yet there are *cases in which the most conscientious persons may be in

doubt as to the right*. We can here indicate only the general principles

on which such cases are to be decided, with a very few specific

illustrations.

*The question of duty is often a question*, not of principle, but *of

fact*. It is the _case_, the position and relations of the persons or

objects concerned, that we do not fully understand. For instance, when a

new appeal is made for our charitable aid, in labor or money, the question

is not whether it is our duty to assist in a work of real beneficence, but

whether for the proposed object, and under the direction of those who make

the appeal, our labor or money will be lucratively invested in the service

of humanity. There are, certainly, benevolent associations and enterprises

for the very noblest ends, whose actual utility is open to the gravest

doubt. It is sometimes difficult even to determine a question of justice

or equity, simply because the circumstances of the case, so far as we can

understand them, do not define the right. Instances of this class might be

multiplied; but they are all instances in which there is no obscurity as

to our obligation or duty, and therefore no question for moral casuistry.

We are, however, obviously bound, by considerations of fitness, to seek

the fullest information within our power in every case in which we are

compelled to act, or see fit to act; nor can we regard action without

knowledge, even though the motive be virtuous, as either safe or

blameless.

*The measure or limit of duty* is with many conscientious persons a

serious question. Here an exact definition is hardly possible, and a

generous liberty may be given to individual taste or judgment; yet

considerations of fitness set bounds to that liberty. Thus direct and

express self-culture is a duty incumbent on all, yet in which diversity of

inclination may render very different degrees of diligence equally fitting

and right; but all self-centred industry is fittingly limited by domestic,

social, and civic obligations. Thus, also, direct acts of beneficence are

obviously incumbent on all; but the degree of self-sacrifice for

beneficent ends need not, nay, ought not to be the same for every one; and

while we hold in the highest admiration those who make the entire

surrender of all that they have and are to the service of mankind, we have

no reason to scant our esteem for those who are simply kind and generous,

while they at the same time labor, spend, or save for their own benefit.

Indeed, the world has fully as much need of the latter as of the former.

Were the number of self-devoting philanthropists over-large, a great deal

of the necessary business and work of life would be left undone; and did

self-denying givers constitute a very numerous body, the dependent and

mendicant classes would be much more numerous than they are; while the

withdrawal of expenditure for personal objects would paralyze industrial

enterprise, and arrest the creation of that general wealth which

contributes to the general comfort and happiness, and the accumulation of

those large fortunes which are invaluable as safety-funds and

movement-funds for the whole community.

There are cases in which there is manifestly a *conflict of duties*. This

most frequently occurs between prudence and beneficence. Up to a certain

point they coincide. No prudent man will suffer himself to contract

unsocial, or selfish, or miserly habits, or to neglect the ordinary good

offices and common charities of life. But is one bound to transcend the

limits of prudence, and, without any specific grounds of personal

obligation, to incur loss, hardship, or peril, in behalf of another

person? One is no doubt bound to do all that he could reasonably expect

from another, were their positions reversed; but is it his duty to do more

than this? In answer, it must be admitted that he who in such a case

suffers prudence to limit his beneficence has done all that duty

absolutely requires; but, in proportion to the warmth of his benevolence

and the loftiness of his spirit and character, he will find himself

constrained to transcend this limit, and to sacrifice prudence to

beneficence. Thus—to take an instance from a class of events by no means

infrequent—if I see a man in danger of drowning, it is obviously my duty

to do all that I can do for his rescue without putting my own life in

jeopardy. But I owe him no more than this. My own life is precious to me

and to my family, and I have a right so to regard it. I shall not deserve

censure or self-reproach, if I decline exposing myself to imminent peril.

Yet if I have the generosity and the courage which belong to a truly noble

nature, I shall not content myself with doing no more than this,—I shall

hazard my own safety if there is reason to hope that my efforts may have a

successful issue; and in so doing I shall perform an act of heroic virtue.

The same principle will apply to exposure, danger, and sacrifice of every

kind, incurred for the safety, relief, or benefit of others. We transgress

no positive law of right, when we omit doing for others more than we could

rightfully expect were we in their place. Prudence in such a case is our

right. But it is a right which it is more noble to surrender than to

retain; and the readiness with which and the degree in which we are

willing to surrender it, may be taken as a fair criterion of our moral

growth and strength.

Under the title of *Justice*, with the broad scope which we have given to

it, there may be an apparent conflict of duties, and there are certain

obvious laws of precedence which may cover all such cases. We should first

say that our obligations to the Supreme Being have a paramount claim above

all duties to inferior beings, had we not reason to believe that God is in

no way so truly worshipped and served as by acts of justice and mercy to

his children. The Divine Teacher has given us to understand, not that

there is no time or place too sacred for charity, but that holy times and

places have their highest consecration in the love to man which love to

God inspires.

Toward men, it hardly needs to be said that justice (in the limited and

ordinary acceptation of the word) *has the precedence of charity*. Indeed,

were it not for the prevalence of injustice—individual, social, and

civic—there would hardly be any scope for the active exercise of charity.

Want comes almost wholly from wrong. Were justice universal, that is, were

the rights and privileges which fitly belong to men as men, extended to

and made available by all classes and conditions of men, there would still

be great inequalities of wealth and of social condition; but abject and

squalid poverty could hardly exist. In almost every individual instance,

the withholding or delay of justice tends more or less directly toward the

creation of the very evils which charity relieves. No amount of

generosity, then, can palliate injustice, or stand as a substitute for

justice.

As regards the persons to whom we owe offices of kindness or charity, it

is obvious that *those related to us by consanguinity or affinity have the

first ** claim*. These relations have all the elements of a natural

alliance for mutual defence and help; and it is impossible that their

essential duties should be faithfully discharged and their fitnesses duly

observed, without creating sympathies that in stress of need will find

expression in active charity. In the next rank we may fittingly place our

benefactors, if their condition be such as to demand a return for their

kind offices in our behalf. Nearness in place may be next considered; for

the very fact that the needs of our neighbors are or may be within our

cognizance, commends them especially to our charity, and enables us to be

the more judicious and effective in their relief. Indeed, in smaller

communities, where the dwellings of the rich and of the poor are

interspersed, a general recognition of the claims of neighborhood on

charity would cover the field of active beneficence with an efficiency

attainable in no other way, and at a greatly diminished cost of time and

substance. There is yet another type of neighborhood, consecrated to our

reverent observance by the parable of the Good Samaritan. There are from

time to time cases of want and suffering brought, without our seeking,

under our immediate regard,—cast, as it were, directly upon our kind

offices. The person thus commended to us is, for the time, our nearest

neighbor, nay, our nearest kinsman, and the very circumstances which have

placed him in this relation to us, make him fittingly the foremost object

of our charity.

The question sometimes presents itself *whether ** we shall bestow an

immediate, yet transient benefit, or a more remote, but permanent good*.

If the two are incompatible, and the former is not a matter of absolute

necessity, the latter is to be preferred. Thus remunerative employment is

much more beneficial than alms to an able-bodied man, and it is better

that he suffer some degree of straitness till he can earn a more

comfortable condition, than that he be first made to feel the dependence

of pauperism. Yet if his want be entire and urgent, the delay of immediate

relief is the part of cruelty. On similar grounds, beneficence which

embraces a class of cases or persons is to be preferred to particular acts

of kindness to individuals. Thus it seems harsh to refuse alms to an

unknown street beggar; but as such relief gives shelter to a vast amount

of fraud, idleness, and vice, it is much better that we should sustain, by

contributions proportioned to our ability, some system by which cases of

actual need, and such only, can be promptly and adequately cared for, and

that we then—however reluctantly—refuse our alms to applicants of doubtful

merit.

A Manual of Moral Philosophy · 第 6 / 8 章