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by the law, are additionally punished by social disgrace.

(3) The Law of the Land contains many enactments, besides the Moral Code and the machinery for executing it. The Province of government passes beyond the properly protective function, and includes many institutions of public convenience, which are not identified with right and wrong. The defence from external enemies; the erection of works of public utility; the promotion of social improvements,--are all within the domain of the public authority.[1]

II.--The second class of Rules are supported, not by penalties, but by Rewards. Society, instead of punishing men for not being charitable or benevolent, praises and otherwise rewards them, when they are so. Hence, although Morality inculcates benevolence, this is not a Law proper, it is not obligatory, authoritative, or binding; it is purely voluntary, and is termed merit, virtuous and noble conduct.

In this department, the members of the community, in their unofficial capacity, are the chief agents and administrators. The Law of the Land occupies itself with the enforcement of its own obligatory rules, having at its command a perfect machinery of punishment. Private individuals administer praise, honour, esteem, approbation, and reward. In a few instances, the Government dispenses rewards, as in the bestowal of office, rank, titles, and pensions, but this function is exceptional and limited.

The conduct rewarded by Society is chiefly resolvable into Beneficence. Whoever is moved to incur sacrifices, or to go through labours, for the good of others, is the object, not merely of gratitude from the persons benefited, but of approbation from society at large.

Any remarkable strictness or fidelity in the discharge of duties properly so called, receives general esteem. Even in matters merely ceremonial, if importance be attached to them, sedulous and exact compliance, being the distinction of the few, will earn the approbation of the many.[2]

5. The Ethical End, or Morality, _as it has been_, is founded partly on Well-being, or Utility: and partly on Sentiment.

The portions of Morality, having in view the prevention of human misery and the promotion of human happiness, are known and obvious. They are not the whole of Morality as it has been.

Sentiment, caprice, arbitrary liking or disliking, are names for states of feeling that do not necessarily arise from their objects, but may be joined or disjoined by education, custom, or the power of the will. The revulsion of mind, on the part of the Jews, against eating the pig, and on our own part, as regards horse flesh, is not a primitive or natural sensibility, like the pain of hunger, or of cold, or of a musical discord; it is purely artificial; custom has made it, and could unmake it. The feeling of fatigue from overwork is natural; the repugnance of caste to manual labour is factitious. The dignity attached to the military profession, and the indignity of the office of public executioner, are capricious, arbitrary, and sentimental. Our prospective regard to the comforts of our declining years points to a real interest; our feelings as to the disposal of the body after death are purely factitious and sentimental. Such feelings are of the things in our own power; and the grand mistake of the Stoics was their viewing all good and evil whatever in the same light.

It is an essential part of human liberty, to permit each person to form and to indulge these sentiments or caprices; although a good education should control them with a view to our happiness on the whole. But, when any individual liking or fancy of this description is imposed as a law upon the entire community, it is a perversion and abuse of power, a confounding of the Ethical end by foreign admixtures. Thus, to enjoin authoritatively one mode of sepulture, punishing all deviations from that, could have nothing to do with the preservation of the order of society. In such a matter, the interference of the state in modern times, has regard to the detection of crime in the matter of life and death, and to the evils arising from the putrescence of the dead.

6. The Ethical End, although properly confined to Utility, is subject to still farther limitations, according to the view taken of the Province of Moral Government, or Authority.

Although nothing should be made morally obligatory but what is generally useful, the converse does not hold; many kinds of conduct are generally useful, but not morally obligatory. A certain amount of bodily exercise in the open air every day would be generally useful; but neither the law of the land nor public opinion compels it. Good roads are works of great utility; it is not every one's duty to make them.

The machinery of coercion is not brought to bear upon every conceivable utility. It is principally reserved, when not abused, for a select class of utilities.

Some utilities are indispensable to the very existence of men in society. The primary moral duties must be observed to some degree, if men are to live together as men, and not to roam at large as beasts. The interests of _Security_ are the first and most pressing concern of human society. Whatever relates to this has a surpassing importance. Security is contrasted with Improvement; what relates to Security is declared to be Right; what relates to Improvement is said to be Expedient; both are forms of Utility, but the one is pressing and indispensable, the other is optional. The same difference is expressed by the contrasts--Being and Well-being; Existence and Prosperous Existence; Fundamentals or Essentials and Circumstantials. That the highway robber should be punished is a part of Being; that the highways should be in good repair, is a part of Well-being. That Justice should be done is Existence; that farmers and traders should give in to government the statistics of their occupation, is a means to Prosperous Existence.[3]

It is proper to advert to one specific influence in moral enactments, serving to disguise the Ethical end, and to widen the distinction between morality as it has been, and morality as it ought to be. The enforcing of legal and moral enactments demands a _power of coercion_, to be lodged in the hands of certain persons; the possession of which is a temptation to exceed the strict exigencies of public safety, or the common welfare. Probably many of the whims, fancies, ceremonies, likings and antipathies, that have found their way into the moral codes of nations, have arisen from the arbitrary disposition of certain individuals happening to be in authority at particular junctures. Even the general community, acting in a spontaneous manner, imposes needless restraints upon itself, delighting more in the exercise of power, than in the freedom of individual action.

7. Morality, in its essential parts, is 'Eternal and Immutable;' in other parts, it varies with Custom.

(1) The rules for protecting one man from another, for enforcing justice, and the observance of contracts, are essential and fundamental, and may be styled 'Eternal and Immutable.' The ends to be served require these rules; no caprice of custom could change them without sacrificing these ends. They are to society what food is to individual life, of sexual intercourse and mother's care to the continuance of the race. The primary moralities could not be exchanged for rules enacting murder, pillage, injustice, unveracity, repudiation of engagements; because under these rules, human society would fall to pieces.

(2) The manner of carrying into effect these primary regulations of society, varies according to Custom. In some communities the machinery is rude and imperfect; while others have greatly improved it. The Greeks took the lead in advancing judicial machinery, the Romans followed.

In the regulations not essential to Being, but important to Well-being, there has prevailed the widest discrepancy of usage. The single department relating to the Sexes is a sufficient testimony on this head. No one form of the family is indispensable to the existence of society; yet some forms are more favourable to general happiness than others. But which form is on the whole the best, has greatly divided opinion; and legislation has varied accordingly. The more advanced nations have adopted compulsory monogamy, thereby giving the prestige of their authority in favour of that system. But it cannot be affirmed that the joining of one man to one woman is a portion of 'Eternal and Immutable Morality.'

Morality is an Institution of society, but not an arbitrary institution.

8. Before adducing the proofs in support of the position above assumed, namely, that Utility or Human Happiness, with certain limitations, is the _proper_ criterion of Morality, it is proper to enquire, what sort of evidence the Ethical Standard is susceptible of.

Hitherto, the doctrine of Utility has been assumed, in order to be fully stated. We must next review the evidence in its favour, and the objections urged against it. It is desirable, however, to ask what kind of proof should be expected on such a question.

In the Speculative or Theoretical sciences, we prove a doctrine by referring it to some other doctrine or doctrines, until we come at last to some assumption that must be rested in as ultimate or final. We can prove the propositions of Euclid, the law of gravitation, the law of atomic proportions, the law of association; we cannot prove our present sensations, nor can we demonstrate that what has been, will be. The ultimate data must be accepted as self-evident; they have no higher authority than that mankind generally are disposed to accept them.

In the practical Sciences, the question is not as to a principle of the order of nature, but as to an _end_ of human action. There may be _derived_ Ends, which are susceptible of demonstrative proof; but there must also be _ultimate_ Ends, for which no proof can be offered; they must be received as self-evident, and their sole authority is the person receiving them. In most of the practical sciences, the ends are derived; the end of Medicine is Health, which is an end subsidiary to the final end of human happiness. So it is with Navigation, with Politics, with Education, and others. In all of them, we recognize the bearing upon human welfare, or happiness, as a common, comprehensive, and crowning end. On the theory of Utility, Morals is also governed by this highest end.

Now, there can be no proof offered for the position that Happiness is the proper end of all human pursuit, the criterion of all right conduct. It is an ultimate or final assumption, to be tested by reference to the individual judgment of mankind. If the assumption, that misery, and not happiness, is the proper end of life, found supporters, no one could reply, for want of a basis of argument--an assumption still more fundamental agreed upon by both sides. It would probably be the case, that the supporters of misery, as an end, would be at some point inconsistent with themselves; which would lay them open to refutation. But to any one consistently maintaining the position, there is no possible reply, because there is no medium of proof.

If then, it appears, on making the appeal to mankind, that happiness is admitted to be the highest end of all action, the theory of Utility is proved.

9. The judgment of Mankind is very generally in favour of Happiness, as the Supreme end of human conduct, Morality included.

This decision, however, is not given without qualifications and reservations; nor is there perfect unanimity regarding it.

The theory of Motives to the Will is the answer to the question as to the ends of human action. According to the primary law of the Will, each one of us, for ourselves, seeks pleasure and avoids pain, present or prospective. The principle is interfered with by the operation of Fixed Ideas,
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