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of charity. It requires, for its guidance, a rule superior to itself, i.e., law, the expression of universal and absolute justice. Here follows the usual distinction of positive and natural law. The sanction of law is punishment; the right of punishing, as was seen, depending on the idea of demerit. Punishment is not mere vengeance, but the expiation by the criminal of violated justice; it is to be measured therefore chiefly by the demerit and not by the injury only. Whether, in punishing, allowance should be made for correction and amelioration, is to put the same case over again of charity coming in after justice.

Here the philosopher stops on the threshold of the special science of politics. But already the fixed and invariable principles of society and government have been given, and, even in the relative sphere of politics, the rule still holds that all forms and institutions are to be moulded as far as possible on the eternal principles supplied by philosophy. The following is a summary of Cousin's views:--

I.--The Standard is the judgment of good or evil in actions. Cousin holds that good and evil are qualities of actions independent of our judgment, and having a sort of objective existence.

II.--The Moral Faculty he analyzes into four judgments: (1) good and evil; (2) obligation; (3) freedom of the will; and (4) merit and demerit. The moral sentiment is the emotions connected with those judgments, and chiefly the feeling connected with the idea of merit. [This analysis is obviously redundant. 'Good' and 'evil' apply to many things outside ethics, and to be at all appropriate, they must be qualified as _moral_ (i.e., _obligatory_) good and evil. The connexion between obligation and demerit has been previously explained.]

III.--In regard to the Summum Bonum, Cousin considers that virtue must bring happiness here or hereafter, and vice, misery.

IV.--He accepts the criterion of duties set forth by Kant. He argues for the existence of duties towards ourselves.

V. and VI. require no remark.


THEODORE SIMON JOUFFROY. [1796-1842.]

In the Second Lecture of his unfinished _Cours de Droit Naturel_, Jouffroy gives a condensed exposition of the Moral Facts of human nature from his own point of view.

What distinguishes, he says, one being from another, is its Organization; and as having a special nature, every creature has a special end. Its end or destination is its good, or its good consists in the accomplishment of its end. Further, to have an end implies the possession of faculties wherewith to attain it; and all this is applicable also to man. In man, as in other creatures, from the very first, his nature tends to its end, by means of purely instinctive movements, which may be called primitive and instinctive tendencies of human nature; later they are called passions. Along with these tendencies, and under their influence, the intellectual faculties also awake and seek to procure for them satisfaction. The faculties work, however, at first, in an indeterminate fashion, and only by meeting obstacles are driven to the concentration necessary to attain the ends. He illustrates this by the case of the intellectual faculty seeking to satisfy the desire of knowledge, and not succeeding until it concentrates on a single point its scattered energies. This spontaneous concentration is the first manifestation of Will, but is proved to be not natural from the feeling of constraint always experienced, and the glad rebound, after effort, to tho indeterminate condition. One fact, too, remains even after every thing possible has been done, viz., that the satisfaction of the primitive tendencies is never quite complete.

When, however, such satisfaction as may be, has been attained, there arises pleasure; and pain, when our faculties fail to attain the good or end they sought. There could be action, successful and unsuccessful, and so good and evil, without any sensibility, wherefore good and evil are not to be confounded with pain and pleasure; but constituted as we are, there is a sensible echo that varies according as the result of action is attained or not. Pleasure is, then, the consequence, and, as it were, the sign of the realization of good, and pain of its privation.

He next distinguishes Secondary passions from the great primary tendencies and passions. These arise _apropos_ of external objects, as they are found to further or oppose the satisfaction of the fundamental tendencies. Such objects are then called _useful_ or _pernicious_. Finally, he completes his account of the infantile or primitive condition of man, by remarking that some of our natural tendencies, like Sympathy, are entirely disinterested in seeking the good of others. The main feature of the whole primitive state is the exclusive domination of passion. The will already exists, but there is no liberty; the present passion triumphs over the future, the stronger over the weaker.

He now passes to consider the double transformation of this original state, that takes place when reason appears. Reason is the faculty of _comprehending_, which is different from knowing, and is peculiar to man. As soon as it awakes in man, it comprehends, and penetrates to the meaning of, the whole spectacle of human activity. It first forms the general idea of _Good_ as the resultant of the satisfaction of all the primary tendencies, and as the true End of man. Then, comprehending the actual situation of man, it resolves this idea into the idea of the _greatest possible_ good. All that conduces to the attainment of this good, it includes under the general idea of the _Useful_; and finally, it constructs the general idea of _Happiness_ out of all that is common to the agreeable sensations that follow upon the satisfaction of the primary tendencies.

But besides forming these three perfectly distinct ideas, and exploring the secret of what has been passing within, the reason also comprehends the necessity of subjecting to control the faculties and forces that are the condition of the greatest satisfaction of human nature. In the place of the merely mechanical impulsion of passion, which is coupled with grave disadvantages, it puts forward, as a new principle of action, the rational calculation of interest. The faculties are brought into the service of this idea of the reason, by the same process of concentration as was needful in satisfying the passions; only now voluntarily instead of spontaneously. Being an idea instead of a passion, the new principle supplies a real _motive_, under whose guidance our natural power over our faculties is developed and strengthened. All partial ends are merged in the one great End of Interest, to which the means is self-control. The first great change thus wrought by reason is, that it takes the direction of the human forces into its own hand, and although, even when by a natural transformation the new system of conduct acquires all the force of a passion, it is not able steadily to procure for the idea of interest the victory over the single passions, the change nevertheless abides. To the state of Passion has succeeded the state of Egoism.

Reason must, however, he thinks, make another discovery before there is a truly moral state--must from general ideas rise to ideas that are universal and absolute. There is no real equation, he holds, between Good and the satisfaction of the primitive tendencies, which is the good of egoism. Not till the special ends of all creatures are regarded as elements of one great End of creation, of Universal Order, do we obtain an idea whose equivalence to the idea of the Good requires no proof. The special ends are good, because, through their realization, the end of creation, which is the absolute Good, is realized; hence they acquire the sacred character that it has in the eye of reason.

No sooner is the idea of Universal Order present to the reason, than it is recognized as an absolute law; and, in consequence, the special end of our being, by participation in its character of goodness and sacredness, is henceforth pursued as a duty, and its satisfaction claimed as a right. Also every creature assumes the same position, and we no longer merely concede that others have tendencies to be satisfied, and consent from Sympathy or Egoism to promote their good; but the idea of Universal Order makes it as much our duty to respect and contribute to the accomplishment of their good as to accomplish our own. From the idea of good-in-itself, i.e., Order, flow all duty, right, obligation, morality, and natural legislation.

He carries the idea of Order still farther back to the Deity, making it the expression of the divine thought, and opening up the religious side of morality; but he does not mean that its obligatoriness as regards the reason is thereby increased. He also identifies it, in the last resort, with the ideas of the Beautiful and the True.

We have now reached the truly moral condition, a state perfectly distinct from either of the foregoing. Even when the egoistic and the moral determination prescribe the same conduct, the one only counsels, while the other obliges. The one, having in view only the greatest satisfaction of our nature, is personal even when counselling benefits to others; the other regarding only the law of Order, something distinct from self, is impersonal, even when prescribing our own good. Hence there is in the latter case _devouement_ of self to something else, and it is exactly the _devouement_ to a something that is not self, but is regarded as good, that gets the name of virtue or moral good. Moral good is voluntary and intelligent obedience to the law that is the rule of our conduct. As an additional distinction between the egoistic and the moral determination, he mentions the judgment of merit or demerit that ensues upon actions when, and only when, they have a moral character. No remorse follows an act of mere imprudence involving no violation of universal order.

He denies that there is any real contradiction among the three different determinations. Nothing is prescribed in the moral law that is not also in accordance with some primitive tendency, and with self-interest rightly understood; if it were not so, it would go hard with virtue. On the other hand, if everything not done from regard to duty were opposed to moral law and order, society could not only not subsist, but would never have been formed. When a struggle does ensue between passion and self-interest, passion is blind; when between egoism and the moral determination, egoism is at fault. It is in the true interest of Passion to be sacrificed to Egoism, and of Egoism to be sacrificed to Order.

He closes the review of the various moral facts by explaining in what sense the succession of the three states is to be understood. The state of Passion is historically first, but the Egoistic and the Moral states are not so sharply defined. As soon as reason dawns it introduces the moral motive as well as the egoistic, and to this extent the two states are contemporaneous. Only, so far is the moral law from being at this stage fully conceived, that, in the majority of men, it is never conceived in its full clearness at all. Their confused idea of moral law is the so-called moral _conscience_, which works more like a sense or an instinct, and is inferior to the clear rational conception in everything except that it conveys the full force of obligation. In its grades of guilt human justice rightly makes allowance for different degrees of intelligence. The Egoistic determination and the Moral state, such as it is, once developed, passion is not to be supposed abolished, but henceforth what really takes place in all is a perpetual alternation of the various states. Yet though no man is able exclusively to follow the moral determination, and no man
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