Chapter LXIV: Section VI: is entitled 'Foundations of a more Just Theory of Ethics,' (1)

and embraces a review of all the Ethical writers, from Butler downwards. The most palpable defect in Butler's scheme, is that it affords no answer to the question, 'What is the distinguishing quality of right actions?' in other words, What is the Standard? There is a vicious circle in answering that they are commanded by Conscience, for Conscience itself can be no otherwise defined than as the faculty that approves and commands right actions. Still, he gives warm commendation to Butler generally; in connexion with him he takes occasion to give some farther hints as to his own opinions. Two positions are here advanced: 1st, The moral sentiments, in their mature state, are a class of feelings with no other objects than _the dispositions to voluntary actions_, and _the actions flowing from these dispositions_. We approve some dispositions and actions, and disapprove others; we desire to cultivate them, and we aim at them for _something in themselves_. This position receives light from the doctrine above quoted as to the supreme happiness of virtuous dispositions. His second position is that Conscience _is an acquired principle_; which he repeats and unfolds in subsequent places.

He finds fault with Hume for ascribing Virtue to qualities of the Understanding, and considers that this is to confound admiration with moral approbation. Hume's general Ethical doctrine, that Utility is a uniform ground of moral distinction, he says can never be impugned until some example be produced of a virtue generally pernicious, or a vice generally beneficial. But as to the theory of moral approbation, or the nature of the Faculty, he considers that Hume's doctrine of Benevolence (or, still better, Sympathy) does not account for our approbation of temperance and fortitude, nor for the _supremacy_ of the Moral Faculty over all other motives.

He objects to the theory of Adam Smith, that no allowance is made in it for the transfer of our feelings, and the disappearing of the original reference from the view. Granting that our approbation began in sympathy, as Smith says, certain it is, that the adult man approves actions and dispositions as right, while he is distinctly aware that no process of sympathy intervenes between the approval and its object. He repeats, against Smith, the criticism on Hume, that the sympathies have no _imperative_ character of supremacy. He further remarks that the reference, in our actions, to the point of view of the spectator, is rather an expedient for preserving our impartiality than a fundamental principle of Ethics. It nearly coincides with the Christian precept of doing unto others as we would they should do unto us,--an admirable practical maxim, but, as Leibnitz has said truly, intended only as a correction of self-partiality. Lastly, he objects to Smith, that his system renders all morality relative to the pleasure of our coinciding in feeling with others, which is merely to decide on the Faculty, without considering the Standard. Smith shrinks from Utility as a standard, or ascribes its power over our feelings to our sense of the adaptation of means to ends.

He commends Smith for grounding Benevolence on Sympathy, whereas Butler, Hutcheson, and Hume had grounded Sympathy on Benevolence.

It is in reviewing Hartley, whose distinction it was to open up the wide capabilities of the principle of Association, that Mackintosh develops at greatest length his theory of the derived nature of Conscience.

Adverting to the usual example of the love of money, he remarks that the benevolent man might begin with an interested affection, but might end with a disinterested delight in doing good. Self-love, or the principle of permanent well-being, is gradually formed from the separate appetites, and is at last pursued without having them specially in view. So Sympathy may perhaps be the transfer, first, of our own personal feelings to other beings, and next, of their feelings to ourselves, thereby engendering the social affections. It is an ancient and obstinate error of philosophers to regard these two principles--Self-love and Sympathy--as the _source_ of the impelling passions and affections, instead of being the last results of them.

The chief elementary feelings that go to constitute the moral sentiments appear to be Gratitude, Pity, Resentment, and Shame. To take the example of Gratitude. Acts of beneficence to ourselves give us pleasure; we associate this pleasure with the benefactor, so as to regard him with a feeling of complacency; and when we view other beneficent beings and acts there is awakened within us our own agreeable experience. The process is seen in the child, who contracts towards the nurse or mother all the feelings of complacency arising from repeated pleasures, and extends these by similarity to other resembling persons. As soon as complacency takes the form of _action_, it becomes (according to the author's theory, connecting conscience with will), a part of the Conscience. So much for the development of Gratitude. Next as to Pity. The likeness of the outward signs of emotion makes us transfer to others our own feelings, and thereby becomes, even more than gratitude, a source of benevolence; being one of the first motives to impart the benefits connected with affection. In our sympathy with the sufferer, we cannot but approve the actions that relieve suffering, and the dispositions that prompt them. We also enter into his Resentment, or anger towards the causes of pain, and the actions and dispositions corresponding; and this sympathetic anger is at length detached from special cases and extended to all wrong-doers; and is the root of the most indispensable compound of our moral faculties, the 'Sense of Justice.'

To these internal growths, from Gratitude, Pity, and Resentment, must be added the education by means of well-framed penal laws, which are the lasting declaration of the moral indignation of mankind. These laws may be obeyed as mere compulsory duties; but with the generous sentiments concurring, men may rise above duty to _virtue_, and may contract that excellence of nature whence acts of beneficence flow of their own accord.

He next explains the growth of Remorse, as another element of the Moral Sense. The abhorrence that we feel for bad actions is extended to the agent; and, in spite of certain obstacles to its full manifestation, that abhorrence is prompted when the agent is self.

The theory of derivation is bound to account for the fact, recognized in the language of mankind, that the Moral Faculty is ONE. The principle of association would account for the fusion of many different sentiments into one product, wherein the component parts would cease to be discerned; but this is not enough. Why do these particular sentiments and no others coalesce in the total--Conscience. The answer is what was formerly given with reference to Butler; namely, while all other feelings relate to outward objects, the feelings brought together in conscience, contemplate exclusively _the dispositions and actions of voluntary agents_. Conscience is thus an acquired faculty, but one that is _universally and necessarily_ acquired.

The derivation is farther exemplified by a comparison with the feelings of Taste. These may have an original reference to fitness--as in the beauty of a horse--but they do not attain their proper character until the consideration of fitness disappears. So far they resemble the moral faculty. They differ from it, however, in this, that taste ends in passive contemplation or quiescent delight; conscience looks solely to the acts and dispositions of voluntary agents. This is the author's favourite way of expressing what is otherwise called the authority and supremacy of conscience.

To sum up:--the principal constituents of the moral sense are Gratitude, Sympathy (or Pity), Resentment, and Shame; the secondary and auxiliary causes are Education, Imitation, General Opinion, Laws and Government.

In criticising Paley, he illustrates forcibly the position, that Religion must pre-suppose morality.

His criticism of Bentham gives him an opportunity of remarking on the modes of carrying into effect the principle of Utility as the Standard. He repeats his favourite doctrine of the inherent pleasures of a virtuous disposition, as the grand circumstance rendering virtue profitable and vice unprofitable. He even uses the Platonic figure, and compares vice to mental distemper. It is his complaint against Bentham and the later supporters of Utility, that they have _misplaced_ the application of the principle, and have encouraged the too frequent appeal to calculation in the details of conduct. Hence arise sophistical evasions of moral rules; men will slide from general to particular consequences; apply the test of utility to actions and not to _dispositions_; and, in short, take too much upon themselves in settling questions of moral right and wrong. [He might have remarked that the power of perverting the standard to individual interests is not confined to the followers of Utility.] He introduces the saying attributed to Andrew Fletcher, 'that he would lose his life to _serve_ his country, but would not do a base thing to _save_ it.'

He farther remarks on the tendency of Bentham and his followers to treat Ethics too _juridically_. He would probably admit that Ethics is strictly speaking a code of laws, but draws the line between it and the juridical code, by the distinction of dispositions and actions. We may have to approve the author of an injurious action, because it is well-meant; the law must nevertheless punish it. Herein Ethics has its alliance with Religion, which looks at the disposition or the heart.

He is disappointed at finding that Dugald Stewart, who made applications of the law of association and appreciated its powers, held back from, and discountenanced, the attempt of Hartley to resolve the Moral Sense, styling it 'an ingenious refinement on the Selfish system,' and representing those opposed to himself in Ethics as deriving the affections from 'self-love.' He repeats that the derivation theory affirms the disinterestedness of human actions as strongly as Butler himself; while it gets over the objection from the multiplication of original principles; and ascribes the result to the operation of a real agent.

In replying to Brown's refusal to accept the derivation of Conscience, on the ground that the process belongs to a time beyond remembrance, he affirms it to be a sufficient theory, if the supposed action _resembles_ what we know to be the operation of the principle where we have direct experience of it.

His concluding Section, VII., entitled General Remarks, gives some farther explanations of his characteristic views. He takes up the principle of Utility, at the point where Brown bogled at it; quoting Brown's concession, that Utility and virtue are so related, that there is _perhaps_ no action generally felt to be virtuous that is not beneficial, and that every case of benefit willingly done excites approbation. He strikes out Brown's word 'perhaps,' as making the affirmation either conjectural or useless; and contends that the two facts,--morality and the general benefit,--being co-extensive, should be reciprocally tests of each other. He qualifies, as usual, by not allowing utility to be, on all occasions, the immediate incentive of actions. He holds, however, that the main doctrine is an essential corollary from the Divine Benevolence.

He then replies specifically to the question, 'Why is utility not to be the sole end present to the mind of the virtuous agent?' The answer is found in the limits of man's faculties. Every man is not always able, on the spur of the moment, to calculate all the consequences of our actions. But it is not to be concluded from this, that the calculation of consequences is impracticable in moral subjects. To calculate the general tendency of every sort of human action is, he contends, a possible, easy, and common operation. The general good effects of temperance, prudence, fortitude, justice, benevolence, gratitude, veracity, fidelity, domestic and patriotic affections, may be pronounced with as little error, as the best founded maxims of the ordinary business of life.

He vindicates the rules of sexual morality on the grounds of benevolence.

He then discusses the question, (on which he had charged Hume with mistake), 'Why is approbation confined to voluntary acts?' He thinks it but a partial solution to say that approbation and disapprobation are wasted on what is not in the power of the will. The full solution he considers to be found in the mode of derivation of the moral sentiment; which, accordingly, he re-discusses at some length. He produces the analogies of chemistry to show that compounds may be totally different from their elements. He insists on the fact that a derived pleasure is not the less a pleasure; it may even survive the primary pleasure. Self-love (improperly so called) is intelligible if its origin be referred to Association, but not if it be considered as prior to the appetites and passions that furnish its materials. And as the pleasure derived from low objects may be transferred to the most pure, so Disinterestedness may originate with self, and yet become as entirely detached from that origin as if the two had never been connected.

He then repeats his doctrine, that these social or disinterested sentiments prompt the will as the means of their gratification. Hence, by a farther transfer of association, the voluntary acts share in the delight felt in the affections that determine them. We then desire to experience _beneficent volitions_, and to cultivate the dispositions to these. Such dispositions are at last desired for their own sake; and, when so desired, constitute the Moral Sense, Conscience, or the Moral Sentiment, in its consummated form. Thus, by a fourth or fifth stage of derivation from the original pleasures and pains of our constitution, we arrive at this highly complex product, called our moral nature.

Nor is this all. We must not look at the side of indignation to the wrong-doer. We are angry at those who disappoint our wish for the happiness of others; we make their resentment our own. We hence approve of the actions and dispositions for punishing such offenders; while we so far sympathize with the culprit as to disapprove of excess of punishment. Such moderated anger is the sense of Justice, and is a new element of Conscience. Of all the virtues, this is the one most _directly_ aided by a conviction of general interest or utility. All laws profess it as their end. Hence the importance of good criminal laws to the moral education of mankind.

Among contributary streams to the moral faculty, he enumerates courage, energy, and decision, properly directed.

He recognizes 'duties to ourselves,' although condemning the expression as absurd. Intemperance, improvidence, timidity are morally wrong. Still, as in other cases, a man is not truly virtuous on such points, till he loves them for their own sake, and even performs them without an effort. These prudential qualities having an influence on the will, resemble in that the other constituents of Conscience. As a final result, all those sentiments whose object is a state of the will become intimately and inseparably blended in the unity of Conscience, the arbiter and judge of human actions, the lawful authority over every motive to conduct.

In this grand coalition of the public and the private feelings, he sees a decisive illustration of the reference of moral sentiments to the Will. He farther recognizes in it a solution of the great problem of the relation of virtue to private interest. Qualities useful to ourselves are raised to the rank of virtues; and qualities useful to others are converted into pleasures. In moral reasonings, we are enabled to bring home virtuous inducements by the medium of self-interest; we can assure a man that by cultivating the disposition towards other men's happiness he gains a source of happiness to himself.

The question, Why we do not morally approve involuntary actions, is now answered. Conscience is associated exclusively with the dispositions and actions of voluntary agents. Conscience and Will are co-extensive.

A difficulty remains. 'If moral approbation involve no perception of beneficial tendency, how do we make out the coincidence of the two?' It might seem that the foundation of morals is thus made to rest on a coincidence that is mysterious and fantastic. According to the author, the conclusive answer is this. Although Conscience rarely contemplates anything so distant as the welfare of all sentient beings, yet in detail it obviously points to the production of happiness. The social affections all promote happiness. Every one must observe the tendency of justice to the welfare of society. The angry passions, as ministers of morality, remove hindrances to human welfare. The private desires have respect to our own happiness. Every element of conscience has thus some portion of happiness for its object. All the affections contribute to the general well-being, although it is not necessary, nor would it be fit, that the agent should be distracted by the contemplation of that vast and remote object.

To sum up Mackintosh:--

I.--On the Standard, he pronounces for Utility, with certain modifications and explanations. The Utility is the remote and final justification of all actions accounted right, but not the immediate motive in the mind of the agent. [It may justly be feared, that, by placing so much stress on the delights attendant on virtuous action, he gives an opening for the admission of _sentiment_ into the consideration of Utility.]

II.--In the Psychology of Ethics, he regards the Conscience as a derived or generated faculty, the result of a series of associations. He assigns the primary feelings that enter into it, and traces the different stages of the growth. The distinctive feature of Conscience is its close relation to the Will.

He does not consider the problem of Liberty and Necessity.

He makes Disinterested Sentiment a secondary or derived feeling--a stage on the road to Conscience. While maintaining strongly the disinterested character of the sentiment, he considers that it may be fully accounted for by derivation from our primitive self-regarding feelings, and denies, as against Stewart and Brown, that this gives it a selfish character.

He carries the process of associative growth a step farther, and maintains that we re-convert disinterestedness into a lofty delight--the delight in goodness for its own sake; to attain this characteristic is the highest mark of a virtuous character.

III.---His Summum Bonum, or Theory of Happiness, is contained in his much iterated doctrine of the deliciousness of virtuous conduct, by which he proposes to effect the reconciliation of our own good with the good of others--prudence with virtue. Virtue is 'an inward fountain of pure delight;' the pleasure of benevolence, 'if it could become lasting and intense, would convert the heart into a heaven;' they alone are happy, or truly virtuous, that do not need the motive of a regard to outward consequences.

His chief Ethical precursor in this vein is Shaftesbury; but he is easily able to produce from Theologians abundant iterations of it.

IV.--He has no special views as to the Moral Code. With reference to the inducements to virtue, he thinks he has a powerful lever in the delights that the virtuous disposition confers on its owner.

V.--His theory of the connexion of Ethics and Politics is stated in his account of Bentham, whom he charges with making morality too judicial.

VI.--The relations of Morality to Religion are a matter of frequent and special consideration in Mackintosh.

JAMES MILL. [1783-1836.]

The work of James Mill, entitled the 'Analysis of the Human Mind,' is distinguished, in the first glace, by the studied precision of its definitions of all leading terms, giving it a permanent value as a logical discipline; and in the second place, by the successful carrying out of the principle of Association in explaining the powers of the mind. The author endeavours to show that the moral feelings are a complex product or growth, of which the ultimate constituents are our pleasurable and painful sensations. We shall present a brief abstract of the course of his exposition, as given in Chapters XVII.--XXIII. of the Analysis.

The pleasurable and painful sensations being assumed, it is important to take notice of their Causes, both immediate and remote, by whose means they can be secured or avoided. We contract a habit of passing rapidly from every sensation to its procuring cause; and, as in the typical case of money, these causes are apt to rank higher in importance, to take a greater hold on the mind, than the sensations themselves. The mind is not much interested in attending to the sensation; that can provide for itself. The mind is deeply interested in attending to the cause.

The author next (XIX.) considers the Ideas of the pleasurable sensations, and of the causes of them. The Idea of a pain is not the same as the pain; it is a complex state, containing, no doubt, an element of pain; and the name for it is Aversion. So the name for an idea of pleasure is Desire. Now, these states extend to the causes of pains and pleasures, though in other respects indifferent; we have an aversion for a certain drug, but there is in this a transition highly illustrative of the force of the associating principle; our real aversion being to a bitter sensation, and not to the visible appearance of the drug.

Alluding (XX.) to the important difference between past and future time in our ideas of pleasure and pain, he defines Hope and Fear as the contemplation of a pleasurable or of a painful sensation, as future, but not certain.

When the immediate causes of pleasurable and painful sensations are viewed as past or future, we have a new series of states. In the past, they are called Love and Hatred, or Aversion; in the future, the idea of a pleasure, as certain in its arrival, is Joy--as probable, Hope; the idea of future pain (certain) is not marked otherwise than by the names Hatred, Aversion, Horror; the idea of the pain as probable is some form of dread.

The _remote_ causes of our pleasures and pains are more interesting than the immediate causes. The reason is their wide command. Thus, Wealth, Power, and Dignity are causes cf a great range of pleasures: Poverty, Impotence, and Contemptibility, of a wide range of pains. For one thing, the first are the means of procuring the services of our fellow-creatures; this fact is of the highest consequence in morals, as showing how deeply our happiness is entwined with the actions of other beings. The author illustrates at length the influence of these remote and comprehensive agencies; and as it is an influence entirely the result of association, it attests the magnitude of that power of the mind.

But our fellow-creatures are the subjects of affections, not merely as the instrumentality set in motion by Wealth, Power, and Dignity, but in their proper personality. This leads the author to the consideration of the pleasurable affections of Friendship, Kindness, Family, Country, Party, Mankind. He resolves them all into associations with our primitive pleasures. Thus, to take the example of Kindness, which will show how he deals with the disinterested affection;--The idea of a man enjoying a train of pleasures, or happiness, is felt by everybody to be a pleasurable idea; this can arise from nothing but the association of our own pleasures with the idea of his pleasures. The pleasurable association composed of the ideas of a man and of his pleasures, and the painful association composed of the idea of a man and of his pains, are both Affections included under one name Kindness; although in the second case it has the more specific name Compassion.

Under the other heads, the author's elucidation is fuller, but his principle is the same.

He next goes on (XXII.) to MOTIVES. When the idea of a Pleasure is associated with an action of our own as the cause, that peculiar state of mind is generated, called a motive. The idea of the pleasure, without the idea of an action for gaining it, does not amount to a motive. Every pleasure may become a motive, but every motive does not end in action, because there may be counter-motives; and the strength attained by motives depends greatly on education. The facility of being acted on by motives of a particular kind is a DISPOSITION. We have, in connexion with all our leading pleasures and pains, names indicating their motive efficacy. Gluttony is both motive and disposition; so Lust and Drunkenness; with the added sense of reprobation in all the three. Friendship is a name for Affection, Motive, and Disposition.

In Chapter XXIII., the author makes the application of his principles to Ethics. The actions emanating from ourselves, combined with those emanating from our fellow-creatures, exceed all other Causes of our Pleasures and Pains. Consequently such actions are objects of intense affections or regards.

The actions whence advantages accrue are classed under the four titles, Prudence, Fortitude, Justice, Benevolence. The two first--Prudence and Fortitude [in fact, Prudence]--express acts useful to ourselves in the first instance, to others in the second instance. Justice and Benevolence express acts useful to others in the first instance, to ourselves in the second instance. We have two sets of association with all these acts, one set with them as our own, another set with them as other people's. With Prudence (and Fortitude) as our own acts, we associate good to ourselves, either in the shape of positive pleasure, or as warding off pain. Thus Labour is raised to importance by numerous associations of both classes. Farther, Prudence, involving the foresight of a train of consequences, requires a large measure of knowledge of things animate and inanimate. Courage is defined by the author, incurring the chance of Evil, that is danger, for the sake of a preponderant good; which, too, stands in need of knowledge. Now, when the ideas of acts of Prudence and acts of Courage have been associated sufficiently often with beneficial consequences, they become pleasurable ideas, or Affections, and they have also, from the nature of the case, the character of Motives. In short, there is nothing in prudential conduct that may not be explained by a series of associations, grounded on our pleasurable and painful sensations, on the ideas of them, and on the ideas of their causes.

The real difficulty attaches to Justice and to Beneficence.

As to Justice. Men, in society, have found it essential for mutual benefit, that the powers of Individuals over the general causes of good should be fixed by certain rules, that is, Laws. Acts done in accordance with these rules are Just Acts; although, when duly considered, they are seen to include the main fact of beneficence, the good of others. To the performance of a certain class of just acts, our Fellow-creatures annex penalties; these, therefore, are determined partly by Prudence; others remain to be performed voluntarily, and for them the motive is Beneficence.

What then is the source of the motives towards Beneficence? How do the ideas of acts, having the good of our fellows for their end, become Affections and Motives? In the first place, we have associations of pleasure with all the pleasurable feelings of fellow-creatures, and hence, with such acts of ours as yield them pleasure. In the second place, those are the acts for procuring to ourselves the favourable Disposition of our Fellow-men, so that we have farther associations of the pleasures flowing from such favourable dispositions. Thus, by the union of two sets of influences--two streams of association--the Idea of our beneficent acts becomes a pleasurable idea, that is, an Affection, and, being connected with actions of ours, is also a Motive. Such is the genesis of Beneficent or Disinterested impulses.

We have next a class of associations with other men's performance of the several virtues. The Prudence and the Fortitude of others are directly beneficial to them, and indirectly beneficial to us; and with both these consequences we have necessarily agreeable associations. The Justice and the Beneficence of other men are so directly beneficial to the objects of them, that it is impossible for us not to have pleasurable associations with acts of Justice and Beneficence, first as concerns ourselves in particular, and next as concerns the acts generally. Hence, therefore, the rise of Affections and Motives in favour of these two virtues. As there is nothing so deeply interesting to me as that the acts of men, regarding myself immediately, should be acts of Justice and Beneficence, and the acts regarding themselves immediately, acts of Prudence and Fortitude; it follows that I have an interest in all such acts of my own as operate to cause those acts in others. By similar acts of our own, by the manifestation of dispositions to perform those acts, we obtain their reciprocal performance by others. There is thus a highly complex, concurring stimulus to acts of virtue,--a large aggregate of influences of association, the power at bottom being still our own pleasurable and painful sensations. We must add the ascription of Praise, an influence remarkable for its wide propagation and great efficacy over men's minds, and no less remarkable as a proof of the range of the associating principle, especially in its character of Fame, which, in the case of future fame, is a purely ideal or associated delight. Equally, if not more, striking are the illustrations from Dispraise. The associations of Disgrace, even when not sufficient to restrain the performance of acts abhorred by mankind, are able to produce the horrors of Remorse, the most intense of human sufferings. The love of praise leads by one step to the love of Praiseworthiness; the dread of blame, to the dread of Blameworthiness.

Of these various Motives, the most constant in operation, and the most in use in moral training, are Praise and Blame. It is the sensibility to Praise and Blame--the joyful feelings associated with the one, and the dread associated with the other--that gives effect to POPULAR OPINION, or the POPULAR SANCTION, and, with reference to men generally, the MORAL SANCTION.

The other motives to virtue, namely, the association of our own acts of Justice and Beneficence, as cause, with other men's as effects, are subject to strong counteraction, for we can rarely perform such acts without sacrifice to ourselves. Still, there is in all men a certain surplus of motive from this cause, just as there is a surplus from the association of acts of ours, hostile to other men, with a return of hostility on their part.

The best names for the aggregate Affection, Motive, and Disposition in this important region of conduct, are _Moral Approbation_ and _Disapprobation_. The terms Moral Sense, Sense of Right and Wrong, Love of Virtue and Hatred of Vice, are not equally appropriate. Virtue and Morality are other synonyms.

In the work entitled, 'A Fragment on Mackintosh,' there are afforded farther illustrations of the author's derivation of the Moral Sentiment, together with an exposition and defence of Utility as the standard, in which his views are substantially at one with Bentham. Two or three references will be sufficient.

In the statement of the questions in dispute in Morals, he objects to the words 'test' and 'criterion,' as expressing the standard. He considers it a mistake to designate as a 'test' what is the thing itself; the test of Morality is Morality. Properly, the thing testing is one thing; the thing tested another thing. The same objection would apply to the use of the word Standard; so that the only form of the first question of Ethics would be, What _is_ morality? What does it consist in? [The remark is just, but somewhat hypercritical. The illustration from Chemical testing is not true in fact; the test of gold is some essential attribute of gold, as its weight. And when we wish to determine as to a certain act, whether it is a moral act, we compare it with what we deem the essential quality of moral acts--Utility, our Moral Instinct, &c.--and the operation is not improperly called testing the act. Since, therefore, whatever we agree upon as the essence of morality, must be practically used by us as a test, criterion, or standard, there cannot be much harm in calling this essential quality the standard, although the designation is to a certain extent figurative.]

The author has some additional remarks on the derivation of our Disinterested feelings: he reiterates the position expressed in the 'Analysis,' that although we have feelings directly tending to the good of others, they are nevertheless the growth of feelings that are rooted in self. That feelings should be detached from their original root is a well known phenomenon of the mind.

His illustrations of Utility are a valuable contribution to the defence of that doctrine. He replies to most of the common objections. Mackintosh had urged that the reference to Utility would be made a dangerous pretext for allowing exceptions to common rules. Mill expounds at length (p. 246) the formation of moral rules, and retorts that there are rules expressly formed to make exceptions to other rules, as justice before generosity, charity begins at home, &c.

He animadverts with great severity on Mackintosh's doctrines, as to the delight of virtue for its own sake, and the special contact of moral feelings with the will. Allowance being made for the great difference in the way that the two writers express themselves, they are at one in maintaining Utility to be the ultimate standard, and in regarding Conscience as a derived faculty of the mind.

The author's handling of Ethics does not extend beyond the first and second topics--the STANDARD and the FACULTY. His Standard is Utility. The Faculty is based on our Pleasures and Pains, with which there are multiplied associations. Disinterested Sentiment is a real fact, but has its origin in our own proper pleasures and pains.

Mill considers that the existing moral rules are all based on our estimate, correct or incorrect, of Utility.

JOHN AUSTIN. [1790-1859.]

Austin, in his Lectures on 'The Province of Jurisprudence determined,' has discussed the leading questions of Ethics. We give an abstract of the Ethical part.

LECTURE I. Law, in its largest meaning, and omitting metaphorical applications, embraces Laws set by God to his creatures, and Laws set by man to man. Of the laws set by man to man, some are established by _political_ superiors, or by persons exercising government in nations or political societies. This is law in the usual sense of the word, forming the subject of Jurisprudence. The author terms it _Positive Law_. There is another class of laws not set by political superiors in that capacity. Yet some of these are properly termed laws, although others are only so by a close Analogy. There is no name for the laws proper, but to the others are applied such names as '_moral_ rules,' 'the _moral_ law,' '_general_ or _public opinion_,' 'the law of _honour_ or of _fashion_.' The author proposes for these laws the name _positive morality_. The laws now enumerated differ in many important respects, but agree in this--that all of them are set _by_ intelligent and rational beings _to_ intelligent and rational beings. There is a figurative application of the word 'law,' to the uniformities of the natural world, through which, the field of jurisprudence and morals has been deluged with muddy speculation.

Laws properly so called are _commands_. A command is the signification of a desire or wish, accompanied with the power and the purpose to inflict evil if that desire is not complied with. The person so desired is _bound_ or _obliged_, or placed under a _duty_, to obey. Refusal is disobedience, or violation of duty. The evil to be inflicted is called a _sanction_, or an _enforcement of obedience_; the term _punishment_ expresses one class of sanctions.

The term sanction is improperly applied to a Reward. We cannot say that an action is _commanded_, or that obedience is _constrained_ or _enforced_ by the offer of a reward. Again, when a reward is offered, a _right_ and not an obligation is created: the imperative function passes to the party receiving the reward. In short, it is only by conditional _evil_, that duties are _sanctioned_ or _enforced_.

The correct meaning of _superior_ and _inferior_ is determined by command and obedience.

LECTURE II. The _Divine Laws_ are the known commands of the Deity, enforced by the evils that we may suffer here or hereafter for breaking them. Some of these laws are _revealed_, others _unrevealed_. Paley and others have proved that it was not the purpose of Revelation to disclose the whole of our duties; the Light of Nature is an additional source. But how are we to interpret this Light of Nature?

The various hypotheses for resolving this question may be reduced to two: (1) an Innate Sentiment, called a Moral Sense, Common Sense, Practical Reason, &c.; and (2) the Theory of Utility.

The author avows his adherence to the theory of Utility, which he connects with the Divine Benevolence in the manner of Bentham. God designs the happiness of sentient beings. Some actions forward that purpose, others frustrate it. The first, God has enjoined; the second, He has forbidden. Knowing, therefore, the tendency of any action, we know the Divine command with respect to it.

The tendency of an action is all its consequences near and remote, certain and probable, direct and collateral. A petty theft, or the evasion of a trifling tax, may be insignificant, or even good, in the direct and immediate consequences; but before the full tendency can be weighed, we must resolve the question:--What would be the probable effect on the general happiness or good, if _similar_ acts, or omissions, were general or frequent?

When the theory of Utility is correctly stated, the current objections are easily refuted. As viewed by the author, Utility is not the _fountain_ or _source_ of our duties; this must be commands and sanctions. But it is the _index_ of the will of the law-giver, who is presumed to have for his chief end the happiness or good of mankind.

The most specious objection to Utility is the supposed necessity of going through a calculation of the consequences of every act that we have to perform, an operation often beyond our power, and likely to be abused to forward our private wishes. To this, the author replies first, that supposing utility our only index, we must make the best of it. Of course, if we were endowed with a moral sense, a special organ for ascertaining our duties, the attempt to displace that invincible consciousness, and to thrust the principle of utility into the vacant seat, would be impossible and absurd.

According to the theory of Utility, our conduct would conform to _rules_ inferred from the tendencies of actions, but would not be determined by a direct resort to the principle of general utility. Utility would be the ultimate, not the immediate test. To preface each act or forbearance by a conjecture and comparison of consequences were both superfluous and mischievous:--superfluous, inasmuch as the result is already embodied in a known rule; and mischievous, inasmuch as the process, if performed on the spur of the occasion, would probably be faulty.

With the rules are associated _sentiments_, the result of the Divine, or other, command to obey the rules. It is a gross and flagrant error to talk of _substituting_ calculation for sentiment; this is to oppose the rudder to the sail. Sentiment without calculation were capricious; calculation without sentiment is inert.

There are cases where the _specific_ consequences of an action are so momentous as to overbear the rule; for example, resistance to a bad government, which the author calls an _anomalous_ question, to be tried not by the rule, but by a direct resort to the ultimate or presiding-principle, and by a separate calculation of good and evil. Such was the political emergency of the Commonwealth, and the American revolution. It would have been well, the author thinks, if utility had been the sole guide in both cases.

There is a second objection to Utility, more perplexing to deal with. How can we know fully and correctly all the consequences of actions? The answer is that Ethics, as a science of observation and induction, has been formed, through a long succession of ages, by many and separate contributions from many and separate discoverers. Like all other sciences, it is progressive, although unfortunately, subject to special drawbacks. The men that have enquired, or affected to enquire, into Ethics, have rarely been impartial; they have laboured under prejudices or sinister interests; and have been the advocates of foregone conclusions. There is not on this subject _a concurrence or agreement of numerous and impartial enquirers_. Indeed, many of the legal and moral rules of the most civilized communities arose in the infancy of the human mind, partly from caprices of the fancy (nearly omnipotent with barbarians), and partly from an imperfect apprehension of general utility, the result of a narrow experience. Thus the diffusion and the advancement of ethical truth encounter great and peculiar obstacles, only to be removed by a better general education extended to the mass of the people. It is desirable that the community should be indoctrinated with sound views of property, and with the dependence of wealth, upon the true principle of population, discovered by Malthus, all which they are competent to understand.

The author refers to Paley's Moral Philosophy as an example of the perverting tendency of narrow and domineering interests in the domain of ethics. With many commendable points, there is, in that work, much ignoble truckling to the dominant and influential few, and a deal of shabby sophistry in defending abuses that the few were interested in upholding.

As a farther answer to the second objection, he remarks, that it applies to every theory of ethics that supposes our duties to be set by the Deity. Christianity itself is defective, considered as a system of rules for tho guidance of human conduct.

He then turns to the alternative of a Moral Sense. This involves two assumptions.

First, Certain sentiments, or feelings of approbation or disapprobation, accompany our conceptions of certain human actions. These feelings are neither the result of our reflection on the tendencies of actions, nor the result of education; the sentiments would follow the conception, although we had neither adverted to the good or evil tendency of the actions, nor become aware of the opinions of others regarding them. This theory denies that the sentiments known to exist can be produced by education. We approve and disapprove of actions _we know not why_.

The author adapts Paley's supposition of the savage, in order to express strongly what the moral sense implies. But we will confine ourselves to his reasonings. Is there, he asks, any evidence of our being gifted with such feelings? The very putting of such a question would seem a sufficient proof that we are not so endowed. There ought to be no more doubt about them, than about hunger or thirst.

It is alleged in their favour that our judgments of rectitude and depravity are immediate and voluntary. The reply is that sentiments begotten by association are no less prompt and involuntary than our instincts. Our response to a money gain, or a money loss, is as prompt as our compliance with the primitive appetites of the system. We begin by loving knowledge as a means to ends; but, in time, the end is inseparably associated with the instrument. So a moral sentiment dictated by utility, if often exercised, would be rapid and direct in its operation.

It is farther alleged, as a proof of the innate character of the moral judgments, that the moral sentiments of all men are precisely alike. The argument may be put thus:--No opinion or sentiment resulting from observation and induction is held or felt by all mankind: Observation and induction, as applied to the same subject, lead different men to different conclusions. Now, the judgments passed internally on the rectitude or pravity of actions, or the moral sentiments, are precisely alike with all men. Therefore, our moral sentiments are not the result of our inductions of the tendencies of actions; nor were they derived from others, and impressed by authority and example. Consequently, the moral sentiments are instinctive, or ultimate and inscrutable facts.

To refute such an argument is superfluous; it is based on a groundless assertion. The moral sentiments of men have differed to infinity. With regard to a few classes of actions, the moral judgments of most, though not of all, men have been alike. With regard to others, they have differed, through every shade or degree, from slight diversity to direct opposition.

But this is exactly what we should expect on the principle of utility. With regard to some actions, the dictates of utility are the same at all times and places, and are so obvious as hardly to admit of mistake or doubt. On the other hand, men's positions in different ages and nations are in many respects widely different; so that what was useful there and then is useless or pernicious here and now. Moreover, since human tastes are various, and human reason is fallible, men's moral sentiments often widely differ in the same positions.

He next alludes to some prevailing misconceptions in regard to utility. One is the confusion of the _test_ with the _motive_. The general good is the test, or rather the index to the ultimate measure or test, the Divine commands; but it is not in all, or even in most cases, the motive or inducement.

The principle of utility does not demand that we shall always or habitually attend to the general good; although it does demand that we shall not pursue our own particular good by means that are inconsistent with that paramount object. It permits the pursuit of our own pleasures as pleasure. Even as regards the good of others, it commonly requires us to be governed by partial, rather than by general benevolence; by the narrower circle of family and friends rather than by the larger humanity that embraces mankind. It requires us to act where we act _with the utmost effect_; that is, within the sphere best known to us. The limitations to this principle, the adjustment of the selfish to the social motives, of partial sympathy to general benevolence, belong to the detail of ethics.

The second misconception of Utility is to confound it with a particular hypothesis concerning the Origin of Benevolence, commonly styled the _selfish system_. Hartley and some others having affirmed that benevolence is not an ultimate fact, but an emanation from self-love, through the association of ideas, it has been fancied that these writers dispute the _existence_ of disinterested benevolence or sympathy. Now, the selfish system, in its literal import, is flatly inconsistent with obvious facts, but this is not the system contended for by the writers in question. Still, this distortion has been laid hold of by the opponents of utility, and maintained to be a necessary part of that system; hence the supporters of utility are styled 'selfish, sordid, and cold-blooded calculators.' But, as already said, the theory of utility is not a theory of _motives_; it holds equally good whether benevolence be what it is called, or merely a provident regard to self: whether it be a simple fact, or engendered by association on self-regard. Paley mixed up Utility with self-regarding _motives_; but his theory of these is miserably shallow and defective, and amounted to a denial of genuine benevolence or sympathy.

Austin's Fifth LECTURE is devoted to a full elucidation of the meanings of Law. He had, at the outset, made the distinction between Laws properly so called, and Laws improperly so called. Of the second class, some are closely allied to Laws proper, possessing in fact their main or essential attributes; others are laws only by metaphor. Laws proper, and those closely allied to them among laws proper, are divisible into three classes. The first are the _Divine Law_ or Laws. The second is named _Positive Law_ or Positive Laws; and corresponds with Legislation. The third he calls _Positive Morality_, or positive moral rules; it is the same as Morals or Ethics.

Reverting to the definition of Law, he gives the following three essentials:--1. Every law is a _command_, and emanates from a _determinate_ source or another. 2. Every sanction is an eventual evil _annexed to a command_. 3. Every duty supposes a _command_ whereby it is created. Now, tried by these tests, the laws of God are laws proper; so are positive laws, by which are meant laws established by monarchs as supreme political superiors, by subordinate political superiors, and by subjects, as private persons, in pursuance of legal rights.

But as regards Positive Morality, or moral rules, some have so far the essentials of an _imperative_ law or rule, that they are rules set by men to men. But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights; in this respect they differ from positive laws, they are not clothed with legal sanctions.

The most important department of positive morality includes _the laws set or imposed by general opinion_, as for example the laws of honour, and of fashion. Now these are not laws in the strict meaning of the word, because the authors are an _indeterminate_ or uncertain aggregate of persons. Still, they have the closest alliance with Laws proper, seeing that being armed with a sanction, they impose a duty. The persons obnoxious to the sanction generally do or forbear the acts enjoined or forbidden; which is all that can happen under the highest type of law.

The author then refers to Locke's division of law, which, although faulty in the analysis, and inaptly expressed, tallies in the main with what he has laid down.

Of Metaphorical or figurative laws, the most usual is that suggested by the fact of _uniformity_, which is one of the ordinary consequences of a law proper. Such are the laws of nature, or the uniformities of co-existence and succession in natural phenomena.

Another metaphorical extension is to a model or pattern, because a law presents something as a guide to human conduct. In this sense, a man may set a law to himself, meaning a plan or model, and not a law in the proper sense of a command. So a _rule_ of art is devoid of a sanction, and therefore of the idea of duty.

A confusion of ideas also exists as to the meaning of a sanction. Bentham styles the evils arising in the course of nature _physical_ sanctions, as if the omission to guard against fire were a sin or an immorality, punished by the destruction of one's house. But although this is an evil happening to a rational being, and brought on by a voluntary act or omission, it is not the result of a law in the proper sense of the term. What is produced _naturally_, says Locke, is produced _without the intervention of a law_.

Austin is thus seen to be one of the most strenuous advocates of Utility as the Standard, and is distinguished for the lucidity of his exposition, and the force of his replies to the objections made against it.

He is also the best expounder of the relationship of Morality to Law.

WILLIAM WHEWELL. [1794-1866.]

Dr. Whewell's chief Ethical works are, 'Elements of Morality, including Polity,' and 'Lectures on the History of Moral Philosophy in England.'

We may refer for his views to either work. The following abstract is taken from the latest (4th) edition of his Elements (1864).

In the Preface he indicates the general scope of the work. Morality has its root in the Common Nature of Man; a scheme of Morality must conform to the _Common Sense_ of mankind, in so far as that is consistent with itself. Now, this Common Sense of Mankind has in every age led to two seemingly opposite schemes of Morality, the one making _Virtue_, and the other making _Pleasure_, the rule of action. On the one side, men urge the claims of Rectitude, Duty, Conscience, the Moral Faculty; on the other, they declare Utility, Expediency, Interest, Enjoyment, to be the proper guides.

Both systems are liable to objections. Against the scheme of Pleasure, it is urged that we never, in fact, identify virtue as merely useful. Against the scheme of Virtue, it is maintained that virtue is a matter of opinion, and that Conscience varies in different ages, countries, and persons. It is necessary that a scheme of Morality should surmount both classes of objections; and the author therefore attempts a reconciliation of the two opposing theories.

He prepares the way by asking, whether there are any actions, or qualities of actions, universally approved; and whether there are any moral rules accepted by the Common Sense of mankind as universally valid? The reply is that there are such, as, for example, the virtues termed Veracity, Justice, Benevolence. He does not enquire _why_ these are approved; he accepts the fact of the approval, and considers that here we have the basis of a Moral System, not liable to either of the opposing objections above recited.

He supposes, however, that the alleged agreement may be challenged, _first_, as not existing; and _next_, as insufficient to reason from.