Progressive Morality eBook

Thomas Fowler
This eBook from the Gutenberg Project consists of approximately 115 pages of information about Progressive Morality.

Progressive Morality eBook

Thomas Fowler
This eBook from the Gutenberg Project consists of approximately 115 pages of information about Progressive Morality.

We see, then, or rather we are obliged at the present stage of our enquiry to assume, that the social sanction, whether it be derived from the average sentiment of society at large or from the customs and opinions of particular aggregates of society, requires constant correction at the hands of the moralist.  The sentiment which it represents may be only the sentiment of men of average moral tone, or it may even be that of men of an inferior or degraded morality, and hence it often needs to be tested by the application of rules derived from a higher standard both of feeling and intelligence.  Nor is it the moral standard only which may be used to correct the social standard.  We may often advantageously have recourse to the legal standard for the same purpose.  For the laws of a country express, as a rule, the sentiments of the wisest and most experienced of its citizens, and hence we might naturally expect that they would be in advance of the average moral sentiment of the people, as well as of the social traditions of particular professions or classes.  And this I believe to be usually the case.  For instances, we have to go no further than the comparison between the laws and the popular or professional sentiment on bribery at elections, on smuggling, on evasion of taxation, on fraudulent business transactions, on duelling, on prize-fighting, or on gambling.  At the same time it must be confessed that, as laws sometimes become antiquated, and the leanings of lawyers are proverbially conservative, it occasionally happens that, on some points, the average moral sentiment is in advance of the law.  I may select as examples, from comparatively recent legal history, the continuance of religious disabilities and the excessive punishment of ordinary or even trivial crimes; and, perhaps, I may venture to add, as a possible reform in the future now largely demanded by popular sentiment, some considerable modifications of the laws regulating the transfer of and the succession to landed property.  Thus it will be seen that law and the sentiment of society may each be employed as corrective of the other, and that, consequently, their comparison implies a higher standard than either, by means of which each may be tested, and to which each, in its turn, may be referred.  This higher or common standard it will be our business to consider in a subsequent part of this Essay.  Meanwhile, it may be pointed out that, in addition to its function as an occasional corrective of the legal sanction, the social sanction subserves two great objects:  first, it largely complements the legal sanction, being applicable to numberless cases which that sanction does not, and, in fact, cannot reach; secondly, the legal sanction, even in those cases which it reaches, is greatly reinforced by the social sanction, which adds the pains arising from an evil reputation, and all the indefinable social inconveniences which an evil reputation brings with it, to the actual penalties inflicted by the law.

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Progressive Morality from Project Gutenberg. Public domain.