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PART I

PART II

PART IV

PART V

PART VI

NOTES

INDEX

PART I

THE ACCEPTED CONTENT OF MORALS

IS THERE AN ACCEPTED CONTENT?

To be sure, certain eminent moralists have inclined to maintain that men are in substantial agreement in regard to their moral judgments. Joseph Butler, writing in the first half of the eighteenth century, came to the conclusion that, however men may dispute about particulars, there is an universally acknowledged standard of virtue, professed in public in all ages and all countries, made a show of by all men, enforced by the primary and fundamental laws of all civil constitutions: namely, justice, veracity, and regard to common good. Sir Leslie Stephen, writing in the latter half of the nineteenth, tells us that "in one sense moralists are almost unanimous; in another they are hopelessly discordant. They are unanimous in pronouncing certain classes of conduct to be right and the opposite wrong. No moralist denies that cruelty, falsity and intemperance are vicious, or that mercy, truth and temperance are virtuous."

In other words, these writers would teach us that men are, on the whole, agreed in approving, explicitly or implicitly, some standard of conduct sufficiently definite to serve as a code of morals. But that there is such a substantial agreement among men has not impressed all observers to the same degree. Locke, who wrote before Butler, based his arguments against the existence of innate moral maxims upon the wide divergencies found among various classes of men touching what is right and what is wrong. The historian, the anthropologist and the sociologist reinforce his reasonings with a wealth of illustration not open to the men of an earlier time. They present us with codes, not a code; with multitudinous standards, not a single standard; with what has been accepted here or there, at this time or at that; and we may well ask ourselves where, amid this profusion, we are to find the one and acceptable code.

Those who content themselves with enunciating very general moral principles may, it is true, be of no little service to their fellow-men; but that is only because their fellow-men are able to supply the details that convert the blur into a picture. Some twenty-four hundred years ago Heraclitus told his contemporaries "to act according to nature with understanding"; we are often told today that the rule of our lives should be "to do good." Had the ancient Greek not possessed his own notions of what might properly be meant by nature and by understanding, did we not ourselves have some rather definite conception of what actions may properly fall under the caption of doing good, such admonitions could not lead to the stirring of a finger. Who would appeal to his physician for advice as to diet, if he expected from him no more than the counsel to eat, at the proper hours, enough, but not too much, of suitable food?

If, then, we confine our admonitions to the group of abstractions which constitute the universally acknowledged standard of virtue when all the individual differences which characterize different codes have been ignored, we preach what, taken alone, no man can live by, and no community of men has ever attempted to live by. If we leave it to our hearers to drape our naked abstractions with concrete details, each will set to work in a different way. The method of the composite photograph seems unprofitable in attempting to solve the problem of morals.

A presumption against this arbitrary assumption that we have the one and only desirable code is suggested the unthinking acceptance of the traditional by those who are lacking in enlightenment and in the capacity reflection. Is it not significant that a contact with new ways of thinking has a tendency, at least, to make men broaden their horizon and to revise some of their views?

In other fields, we hope to attain to a capacity for self-criticism. We expect to learn from other men. Why should we, in the sphere of morals, lay claim to the possession of the truth, the whole truth, and nothing but the truth? Why should we refuse to learn from anyone? Such a position seems unreasoning. It puts moral judgments beyond the pale of argument and intelligent discussion. It is an assumption of infallibility little in harmony with the spirit of science. The fact that a given standard of conduct is in harmony with our traditions, habits of thought, and emotional responses, does not prove to other men that it is, not one of a number of accepted codes, but in a quite peculiar sense acceptable, a thing to put in a class by itself--the class into which each mother puts her own child, as over against other children.

Moreover, such an unreasoned assumption of superiority must make one little sympathetic in one's attitude toward the moral life of other peoples. Into the significance of their social organization, of their customs, their laws, one can gain no insight. Their hopes, their fears, their strivings, their successes and their failures, their approval and disapproval of their fellows, their peace of conscience and their remorse, must leave us cold and aloof.

It is not profitable for us to assume at the outset that the differences exhibited in the moral judgments of individuals or of peoples are of minor significance. They are facts to be dealt with in the light of some theory. An ethical theory which ignores them must rest upon a narrow and insecure foundation. It is exposed to assault from many quarters. It may, in default of better means of defence, be compelled to take refuge behind the blind wall of dogmatic assertion. On the other hand, a theory which gives them frank recognition, and strives to exhibit their real significance in the life of the individual and of the race, may be able to show lying among them the golden cord of reason which saves them from the charge of being incoherent facts. It may even lead us back to a conservatism no longer unreasoning, but rationally defensible and conscious of its proper limits. The blindly conservative man seems to be faced with the alternative of stagnation or revolution. The rationally conservative may regard the development of the moral life as a Pilgrim's Progress, not without its untoward accidents, but, in spite of them, a gradual advance toward a desirable goal.

THE CODES OF COMMUNITIES

We have seen that Butler viewed justice, veracity and regard to common good as virtues accepted among men everywhere. But we may also see, if we look into his pages, that he neglected to point out that there may be the widest divergencies in men's notions of what constitutes justice, veracity and common good. And men differ widely on the score of the degree of emphasis to be laid upon their observance.

Take justice. Where men possess a code, written or unwritten, that may properly be called moral, we expect of them the judgment that guilt should be punished. But what shall be accounted guilt? What shall be the measure of retribution? Who shall be fixed upon as guilty?

As to what constitutes guilt. We have only to remind ourselves that the Dyak head-hunter is not condemned by his fellows, but is admired; that the fattening and eating of a slave may, in a given primitive community, be accounted no crime; that infanticide has been most widely approved, and that not merely in primitive communities, for Greece and Rome, when they were far from primitive, practiced certain forms of it with a view to the good of the state; that the holding of a fellow-creature in bondage, and exploiting him for one's own advantage, even under the lash, was, until recently, not a crime in the eye of the law even in the most civilized states. On the other hand, it may be a crime to eat a female opossum. The impressive imperative: Thou shalt not! appears to bear unmistakable reference to time and circumstance.

And what is the natural and proper measure of punishment? The ancient and primitive rule of an eye for an eye and a tooth for a tooth suggests the figure of the scales, the impartially meting out to each man of his due. It is obviously a rule that cannot be applied in all cases. One cannot take the tooth of a toothless man, or compel a thievish beggar to restore fruit which he has eaten. We should be horrified were any serious attempt made to make the rule the basis of legislation in any civilized state today, but men have not always been so fastidious. Approximations to it have been incorporated into the laws of various peoples.

But all have modified it to some degree, and the modifications have taken many forms--the punishment of someone not the criminal, compensation in money or in goods, incarceration, and what not. Nor have the modifications been made solely on account of the difficulty of applying the rule baldly stated. Other influences have been at work.

Thus, in the famous Babylonian code, the man who struck out the eye of a patrician lost his own eye in return, and his tooth answered for the tooth of an equal--but the rule was not made general. In state after state it has been found just to treat differently the patrician, the plebeian, the slave, the man, the woman, the priest. In the very state to which Butler belonged, benefit of clergy could be claimed, up to relatively recent times, by those who could read. The educated criminal escaped hanging for offences for which his illiterate neighbor had to swing.

Nor is there any clear concensus of opinion touching the question of who shall be selected as the bearer of punishment. If a man has injured another unintentionally, shall he be held to make amends? It has seemed just to men that he should. That one man should be made responsible for the misdeeds of another, under the principle of collective responsibility, has commended itself as just to a multitude of minds. Not merely the sins of the fathers, but those of the most distant relations, those of neighbors, of fellow-tribesmen, of fellow-citizens, have been visited upon those whose sole guilt lay in such a connection with the directly guilty parties. This is not a sporadic phenomenon. Among the ancient Hebrews, in Babylonia, in Greece, in the later legislation of Rome, in medieval and even in modern Europe, the principle of collective responsibility has been accepted and has seemed acceptable. Asia, Africa and Oceania have cast votes for it. So have the Americas.

What modern government does not employ secret service agents, and value them in proportion to the degree of skill with which they manage to deceive their fellows, while limiting the exercise of professional good faith to their intercourse with their paymaster? The secret service agent of transparent frankness, who could not bear to deceive his neighbor, would not hold his post for a day. He would be a subject for Homeric laughter.

Moreover, if the question may be raised: what constitutes justice? may one not equally well ask: what constitutes veracity or its opposite? Where does the silence of indifference shade into purposed concealment, and the latter into what is unequivocally deception? At what point does deception blossom out into the unmistakable lie? One may take advantage of an accidental misunderstanding of what one has said; one may use ambiguous language; one may point instead of speaking. Between going about with a head of glass, with all one's thoughts displayed as in a show-case to every comer, and the settled purpose to deceive by the direct verbal falsification, there is a long series of intermediate positions. The commercial maxim that one is not bound to teach the man with whom one is dealing how to conduct his business, and the lawyer's dictum that the advocate is under no obligation to put himself in the position of the judge, obviously, will bear much stretching.

Has any modern state as yet succeeded in incorporating in its civil constitution such provisions as will ensure to all classes of its subjects any considerable share in the common good? Slaves and animals, said Aristotle, have no share in happiness, nor do they live after their own choice. The pervading unrest of the modern economic community is due to the widespread conviction that the existing organization of society does not sufficiently make for the happiness of all. Some states with a high degree of culture have not even made a pretence of having any such aim. They have deliberately legislated for the few.

Even where the avowed aim is the common good of all, states have assumed that some must be sacrificed for others. Certain individuals are selected to die in the trenches in the face of the enemy, that others may be guaranteed liberty and the pursuit of happiness. Grotius, the famous jurist of the seventeenth century, has been criticized for holding that a beleaguered town might justly deliver up to the enemy a small number of its citizens in order to purchase immunity for the rest. How far do the cases differ in principle? "Among persons variously endowed," wrote Hegel, "inequality must occur, and equality would be wrong." Commonwealths of many degrees of development have recognized inequalities of many sorts, and have treated their subjects accordingly.

"For diet," said Bentham with repellent frankness, "nothing but self- regarding affection will serve." Benevolence he considered a valuable addition "for a dessert." He had in mind the individual, and he did injustice to individuals in certain of their relations. But how do things look when we turn our attention to the relations between states? Does any state actually make it a practice to treat its neighbor as itself? Would its citizens approve of its doing so?

To obviate misunderstanding at this point, it is well to state that, in adducing all the above facts, I do not mean to argue that it is abnormal and an undesirable thing that the scales of justice should, at times, be weighted in divers ways. I am not maintaining that the distribution of common good should proceed upon the principle of strict impartiality. What is possible and is desirable in this field is not something to be decided off-hand. But the facts suffice to illustrate the truth that the discrepancies to be found in the codes of different communities can scarcely be dismissed as unimportant details. They are something far too significant for that.

THE CODES OF THE MORALISTS

But who are the moralists? Can we put into one class those who preach a short-sighted selfishness or a calculating egoism and those who urge upon us the law of love? Those who recommend a contempt of mankind, and those who inculcate a reverence for humanity? Those who incline to leave us to our own devices, telling us to listen to conscience, and those who draw up for us elaborate sets of rules to guide conduct? The histories of ethics are rather tolerant in herding together sheep and goats. And not without reason. Those whom they include have been in a sense the spokesmen of their fellows. Their words have found an echo in the souls of many. They are concerned with a rule of life, and their rule of life, such as it is, rests upon some principle which has impressed men as being not wholly unreasonable.

In taking a glance at what they have to offer us, I shall not go far afield, and shall exercise a brevity compatible with the purpose of mere illustration. To the moralists of ancient Greece, and, to a lesser degree, to those of the Roman Empire, to the Christian teachers who succeeded to their heritage in the centuries which followed, and to the more or less independent thinkers who made their appearance after the Reformation, we can trace our ethical pedigree. For our purpose we need seek no wider field. Here we may find sufficiently notable contrasts of opinion to disturb the dogmatic slumber of even an inert mind. The most cursory glance makes us inclined to accept with some reserve Stephen's claim that "the difference between different systems is chiefly in the details and special application of generally admitted principles."

Contrast with these men the Stoics, whose rule of life was to follow Nature, and to eschew the pursuit of pleasure. Man's nature, said Epictetus, is social; wrongdoing is antisocial; affection is natural. Said Marcus Aurelius, it is characteristic of the rational soul for a man to love his neighbor. The cautious bachelor imbued with Epicurean principles would find strange and disconcerting the Stoic position touching citizenship: "My nature is rational and social; and my city and country, so far as I am Antoninus, is Rome, but so far as I am a man, it is the world. The things then which are useful to these cities are alone useful to me."

With Aristotle, the virtues are made to include:

Wisdom High-mindedness Justice Ambition Courage Gentleness Temperance Friendliness Liberality Truthfulness Magnificence Decorous Wit

and it is suggested that, although scarcely a virtue, a sense of shame is becoming in youth.

We find the Christian teachers especially recommending:

Obedience Patience Benevolence Purity Humility Alienation from the "World" Alienation from the "Flesh"

and their lists of the "deadly sins" they select from the following:

Pride Arrogance Anger Gluttony Unchastity Envy Vain-Glory Gloominess Languid Indifference.

Could there be a more striking contrast than that between the mediaeval code and those of the great Greek thinkers? Plato recommended as virtues certain general characteristics of character much admired by the Greek of his day. Aristotle accepted them and added to them. He has painted much more in detail the gifts and graces of a well-born and well-situated Greek gentleman as he conceived him. The personage would cut a sorry figure in the role of a mediaeval saint; the mediaeval saint would wear a tarnished halo if endowed with the Aristotelian virtues.

The one ideal, the Greek, breathes an air of self-assertion; the other one of self-abnegation. Benevolence, Purity, Humility and Unworldliness are not to be found in the former; Justice, Courage and Veracity appear to be missing in the latter. Wisdom, insight, has given place to the Obedience appropriate to a man clearly conscious of a Law, not man-made, to which man feels himself to be subject.

Indeed, the discrepancy between the ideals is such that Aristotle's virtuously high-minded man would have been conceived by the mediaeval churchman to be living in deadly sin, as the very embodiment of pride and arrogance. We find him portrayed as neither seeking nor avoiding danger, for there are few things about which he cares; as ashamed to accept favors, since that implies inferiority; as sluggish and indifferent except when stimulated by some great honor to be gained or some great work to be performed; as frank, for this is characteristic of the man who despises others; as admiring little, for nothing is great to him. His pride prevents him from harboring resentment, from seeking praise, and from praising others. This Nietzschean hero would attract attention upon any stage: "The step of the high-minded man is slow, his voice deep, and his language stately, for he who feels anxiety about few things is not apt to be in a hurry; and he who thinks highly of nothing is not vehement."

To be sure, virtues not on a given list may be found in, or read into, some of the writings of the man who presents it. It would be absurd to maintain that the mediaeval churchman had no regard for justice, courage and veracity, as he would define them, or that Plato and Aristotle were wholly deaf to the claims of benevolence. Nevertheless, the variations in the emphasis laid on this virtue or on that, or in the conception of what constitutes this virtue or that, may yield ideals of character and of conduct which bear but a slight family resemblance. Imagine St. Francis of Assisi lowering his voice, slowing his step, and cultivating "high- mindedness," or striving to make himself a pattern of decorous wit.

Justice Equity Requital of benefits Sociability A moderate degree of forgiveness The avoidance of pride and arrogance.

Locke , who believes that moral principles must be intuitively evident to one who contemplates the nature of God and the relations of men to Him and to each other, thinks it worth while to set down such random maxims as:

No government allows absolute liberty. Where there is no property there is no injustice. All men are originally equal. Men ought not to harm one another. Parents have a right to control their children.

Hume, whose two classes of virtues comprise the qualities immediately agreeable or useful to ourselves and those immediately agreeable or useful to others, offers us an extended list. He puts into the first class:

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