very limited code.
The Law of the Land also must omit many duties, properly compulsory, as
piety, benevolence, &c. It must also leave unpunished many vices, as
luxury, prodigality, partiality. It must confine itself to offences
strictly definable.
The Scriptures lay down general rules, which have to be applied by the
exercise of reason and judgment. Moreover, they pre-suppose the
principles of natural justice, and supply new sanctions and greater
certainty. Accordingly, they do not dispense with a scientific view of
morals.
[The correct arrangement of the common rules would have been (1) the
Law of the Land, (2) the Laws of Society generally, and (3) the
Scriptures. The Law of Honour is merely one application of the
comprehensive agency of society in punishing men, by excommunication,
for what it prohibits.]
Then follows his famous chapter on the MORAL SENSE.
It is by way of giving an effective statement of the point in dispute
that he quotes the anecdote of Caius Toranius, as an extreme instance
of filial ingratitude, and supposes it to be put to the wild boy caught
in the woods of Hanover, with the view of ascertaining whether he would
feel the sentiment of disapprobation as we do. Those that affirm an
innate moral sense, must answer in the affirmative; those that deny it,
in the negative.
He then recites the arguments on both sides.
For the moral sense, it is contended, that we approve examples of
generosity, gratitude, fidelity, &c., on the instant, without
deliberation and without being conscious of any assignable reason; and
that this approbation is uniform and universal, the same sorts of
conduct being approved or disapproved in all ages and countries; which
circumstances point to the operation of an instinct, or a moral sense.
The answers to these allegations are--
First, The _Uniformity_ spoken of is not admitted as a fact. According
to the authentic accounts of historians and travellers, there is
scarcely a single vice that, in some age or country of the world, has
not been countenanced by public opinion. The murder of aged parents,
theft, suicide, promiscuous intercourse of the sexes, and unmentionable
crimes have been tolerated and approved. Among ourselves, Duelling is
viewed with the most opposite sentiments; forgiveness of injuries is
accounted by some people magnanimity, and by others meanness. In these,
and in many other instances, moral approbation follows the fashions and
institu
|