Handbook of Ethical Theory - George Stuart Fullerton (chrome ebook reader txt) 📗

machine, deliberately put together at a definite time by some man or some group of men. The “social contract” fanatic may have read history, but he has not understood it. Of psychology he has no comprehension at all.

Herodotus, at some of whose stories we smile, was a wiser man. He writes: “It appears certain to me, by a great variety of proofs, that Cambyses was raving mad; he would not else have set himself to make a mock of holy rites and long-established usages. For, if one were to offer men to choose out of all the customs in the world such as seemed to them the best, they would examine the whole number, and end by preferring their own; so convinced are they that their own usages far surpass those of all others.” [Footnote: The History of Herodotus, Book III, chapter xxxviii, translated by GEORGE RAWLINSON, London, 1910.]

This may be something of an overstatement, for men in one state have shown themselves to be, within limits, capable of learning from men in another. But only within limits. Those things which give a state stability—and without stability we are tossed upon the waves of mere anarchy—have their roots in the remote past. Strip a man of his past, and he is little better than an idiot; strip men within the State of their corporate institutions and ideals, of their loyalties and emotional leanings, and we have on our hands a mob of savages, something much below the tribe proper, knit into unity of purpose by custom and tribal law.

The State has its origin in man as a creature desiring and willing, and at the same time endowed with reason. Its authority is the authority of reason. Not reason in the abstract, with no ground to stand upon, and no material for its exercise; but reason as incorporate in institutions and social usages; reason which takes cognizance of the nature of man, and recognizes what man has already succeeded in doing.

Where shall we look for a limit to the authority of the State? Surely, only in the Reason which makes it possible for the State to be. The State must not defeat its own object.

156. FORMS OF ORGANIZATION.—The special science of politics enters in detail into the forms of organization of the State. The ethical philosopher must content himself with certain general reflections. Everyone knows that States have been organized in divers ways; and that their citizens, under much the same form of political organization, have been here happy and contented, and there in a state of ferment. The form of government counts for something; but its suitability to the population governed, and the degree of enlightenment and discipline characteristic of the population, count for much more. It is not every shoe that fits every foot, and there are feet that are little at home in shoes of any description.

Monarchies of many sorts, aristocracies, oligarchies, democracies, even communisms, have been tried; and all, save the last, have managed to hold their own with some degree of success.

It is easy to bring objections against each form of government, just as it is easy to say something specious in its favor.

Are the eldest sons of a few families peculiarly fitted by nature to be governors of the State? Look at history, and wake up to common sense. Of the divine right of kings I shall not speak, for the adherents of the doctrine are in our day relegated to museums of antiquities. And have the members of aristocracies been carefully bred with a view to their intellectual and moral superiority, as we breed fine varieties of horses and dogs? Have those who have had their share in oligarchies been peculiarly wise and peculiarly devoted to the common good? The communist makes two fatal mistakes. He shuts his eyes to history, and he overlooks the fact that there is such a thing as human nature.

There remains democracy. Of this, Herodotus, already quoted as a man of sense, has his opinion. He makes a shrewd Persian, in a political crisis, thus address his fellow-conspirators:

“There is nothing so void of understanding, nothing so full of wantonness, as the unwieldy rabble. It were folly not to be borne, for men, while seeking to escape the wantonness of a tyrant, to give themselves up to the wantonness of a rude unbridled mob. The tyrant, in all his doings, at least knows what he is about, but a mob is altogether devoid of knowledge; for how should there be any knowledge in a rabble, untaught, and with no natural sense of what is right and fit? It rushes wildly into state affairs with all the fury of a stream swollen in the winter, and confuses everything. Let the enemies of the Persians be ruled by democracies; but let us choose out from the citizens a certain number of the worthiest, and put the government into their hands.” [Footnote: Op. cit. Book III, chapter lxxxi.]

To be sure, we, who belong to a modern, enlightened democracy, would resent being called “a rude unbridled mob,” and being likened to the populace of ancient Persia. But those of us who reflect recognize the dangers that lurk in the “psychology of the crowd”; and we are all aware that, after a popular vote, it is quite possible to discover that few, except a handful of office-holders, have gotten anything that they really want. Democracy is not a panacea for all political evils, and there are democracies of many kinds.

Still, when all is said, it seems as though the Rational Social Will, the ultimate arbiter of every moral State, should give its authority to a democratic form of government, rather than to another form. Every individual will has a prima facie claim to recognition.

But the Rational Social Will can never forget that human nature is in process of development, and that each nation, at a given time, is a historical phenomenon. The Rational Social Will is too enlightened to drape an infant in the raiment appropriate to a college graduate. It is only an intemperate enthusiasm that is capable of that.

157. THE LAWS OF THE STATE.—The State allots to individuals, and to the lesser groups of human beings, of which it is composed, rights, and it prescribes to them duties. Upon its activities in this sphere I can touch only by way of illustration, and for the sake of making clear the nature of the functions of the State.

(1) To whom shall the State grant a share in the formulation and execution of its laws? Once, in communities very enlightened, in their own peculiar way, women, children, slaves, mechanics, petty traders, and hired servants were deemed quite unfit to be entrusted with such responsibilities. [Footnote: See ARISTOTLE’S Politics.]

With us, the position of woman has changed. Slavery, in a technical sense, has been abolished. The mechanic and the petty trader are much in evidence at “primaries.” Hired servants are by some accused of being tyrants. Children, and defectives who are grossly and palpably defective, we bar from elections, and we also reject some criminals.

The times have changed, and our notions of the right of the individual to an active share in the State have changed with them. The expression of the social will has undergone modification, and I think we can say that it is, on the whole, modification in the right direction.

To be sure, the court of last resort is the Rational Social Will. What is best for the State, and, hence, for those who compose it? What is practicable in the actual condition in which a given state finds itself at a given time? It seems too easy a solution of our problems to seek dogmatic answers to our questionings by having recourse to the “natural light,” that ready oracle of the philosopher, Descartes.

(2) There are certain classes of rights which civilized states generally guarantee to their citizens with varying degrees of success. They make it the duty of their citizens to respect these rights in others.

(a) The laws protect life and limb. Much progress has been made in this respect in the last centuries past. I own no coat of mail; and, when I walk abroad, I neither carry a sword nor surround myself with armed retainers.

(b) They protect private property. To be sure, the “promoter” may prey upon my simplicity; and the state itself does not recognize that I have any absolute right to my property, any more than it recognizes that I have an absolute right to my life.

It may send me into the trenches. It may take from me what it will in the form of taxes. It may even forbid me to increase my income by using my property in ways which will make me insupportable to my neighbors. But it will not allow my neighbor, who is stronger than I, to take possession of my house without form of law. It will even allow me to dispose of my property by will, after my death.

I suggest that those, to whom this right appears to be rooted in the very nature of things, and not to be a creation of the State, called into being at the behest of the social will in a certain stage of its development, should read and re-read what Sir Henry Maine has to say about testamentary succession, in his wonderful little book on “Ancient Law.” [Footnote: See chapters vi and vii.]

The State has not always treated a man as an individual, directly and personally responsible to the state. It has treated him as a member of a family or some other group; a being endowed, by virtue of his position, with certain rights, and burdened with certain duties. A being who, when he drops out of being, is automatically replaced by someone else who is clothed upon with both his rights and his responsibilities.

Our conceptions have changed. The lesser groups within the State have to some degree lost their cohesion, and the bond between the individual, as such, and the state has been correspondingly strengthened. But many traces of the old conception make themselves apparent. The law compels me to provide for my wife and children; and, if I die intestate, the law by no means assumes that my property is left without a claimant.

Have we been moving in the right direction, as judged by the standard of the Rational Social Will? We think so. But it is well to bear in mind what Herodotus said about the madness of Cambyses, and the prejudice men have in favor of their own customs. No state is a mere aggregate of unrelated individuals. Men are set in families, and the State seems to be composed of groups within groups. How far the State should recognize the will of the individual, as over against the claims of the lesser groups to which he may belong, is a nice question for the Rational Social Will to settle.

(c) The law must regulate marriage and divorce. Matters so vital to the interests of society cannot be left at the mercy of the egoistic whims of the individual. But to what law shall we have recourse? It seems highly irrational to have forty-eight independent authorities upon this subject within the limits of a single nation. And, if we turn the matter over to the churches, we discover that we have committed it to the care of one hundred and eighty, or more, sects. Add to this, that a state of any sort cannot be set upon its feet without some difficulty, while any enterprising man or woman can call a sect into existence any day. There is a new adherent for sectarian eccentricities born every minute. Surely, here is a field for the activities of the Rational Social Will.

(d) To paternalism of some sort the