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modern State, as law-giver, seems hopelessly pledged. If we ignore this we are simply closing our eyes. The State seems to be justified in educating its citizens, in protecting children and women against exploitation, in protecting the working classes, in stamping out infectious diseases. We are not even allowed to expectorate when and where we will, a privilege enjoyed by the merest savage.

(e) In one respect the paternalism of our own State has lagged behind that of certain others. We do little to secure to a man a decent privacy, or to safeguard his personal dignity. The newspaper reporter is allowed to rage unchecked, to unearth scandals in private families, and to cause great pain by printing the names of individuals.

I have known, in Europe, a man, after a difference of opinion touching the ventilation of a railway carriage, to break a window with his elbow and to apply to his fellow-passenger an offensive epithet. The court made him pay a dollar and a half for breaking the window and six dollars for giving himself the pleasure of being insulting.

Which was the greater offense? Herodotus would expect this question to be answered in accordance with the prejudices of the person giving the answer.

158. THE RIGHTS AND DUTIES OF THE STATE.—The State evidently has rights over its citizens, and may enforce these rights through the infliction of punishment. It as evidently has duties. A given state may not be answerable to any actual given power. Our own State is in such a position at the present time—there is no other state strong enough to call it to account.

But this does not free it from duties. No state is anything more than a brute force, except as it incorporates, in some measure, the Rational Social Will. And states that fall far short, as judged by this standard, may overstep their rights and ignore their duties, whether they are dealing with individuals or with other states.

In punishing, the State should punish rationally. [Footnote: See chapter xxxii, Sec 148.] And it should not demand of its subjects what will degrade them as moral beings. “We all recognize,” said a pure and candid soul, “that a rightful sovereign may command his subjects to do what is wrong, and that it is then their duty to disobey him.” [Footnote: Sidgwick, Methods of Ethics, III, vi.]

But how discover what demands are just? It is the whole argument of this volume that no man should venture an opinion upon this subject without having come to some appreciation of what is meant by the Rational Social Will. Man, his instincts, the degree of his intelligence and self-control, the history of the development of human societies, cannot be ignored. It is the weakness of good men, endowed with a high degree of speculative intelligence, to construct Utopias, and to tabulate the “rights of man,” or, as Bentham well expressed it, to make lists of “anarchical fallacies.” [Footnote: See Works, Bowring’s Edition, Volume II.] Thus, some may, with Plato and Aristotle, advocate infanticide. The Greek city-state was a crowded little affair, and in danger of over-population. Some may propose radical measures to increase the population. To France and Argentina, in our day, such an increase appears highly desirable. May any and every method be embraced which seems adapted to avert a given evil or to attain to a desired end? It is instructive to note that Francis Galton, the father of “eugenics,” proposed to leave morals out of the question as “involving too many hopeless difficulties.” [Footnote: Encyclopedia Britannica, 11th edition, article, “Sociology.”] But do men live well who leave morals out of the question?

The man who falls back upon intuition alone, in his advocacy of the abolition of capital punishment, may be expected to maintain next that a state, in going to war, should stop short at the point where the lives of its citizens are put in jeopardy. Why kill a good man, when it is wrong to kill a bad one?

It must be admitted that the State and its representatives enjoy some rights and duties not accorded to individuals. The State may condemn men to death or to imprisonment; it may take over property; it may make itself a compulsory arbiter between individuals. On the other hand, its representatives are not always as free as are private persons. The individual, if he is a generous soul, may freely forego some of his advantages and may seek only a fair fight with an opponent. It is doubtful whether the duty the State owes to its citizens permits of chivalry. Certainly strong states do not hesitate to attack weak ones; nor do many hesitate to combine against one, on the score of fair play. And a private man may temper justice with mercy in ways forbidden to a judge.

CHAPTER XXXV INTERNATIONAL ETHICS

159. WHAT IS MEANT BY THE TERM.—I am almost tempted to avoid the discussion of this thorny subject by simply referring the reader to what has been said already on “The Spread of the Community,” and developed in the chapters on “The Rational Social Will” and “The Individual and the Social Will.” [Footnote: See Sec 75 and chapters xxi-xxii.]

He who confines himself to generalities avoids many difficulties and can assure himself of the approval of many. Who, condemns justice and humanity in the abstract? Who can wax eloquent in his condemnation of freedom? Who finds the Christian Church on his side, when he advocates rapacity and the oppression of the helpless, without entering into details?

On the other hand, who wishes to view his country with a cold impartiality, and to place its interests exactly on a par with the interests of other lands? Who, save the Chinaman himself, thinks it as important that a Chinaman should have enough to eat as that an American or an Englishman should? Was not the turpitude, that excluded the Chinaman from Australia, traced to the two deadly sins of undue diligence and sobriety? [Footnote: Encyclopedia Britannica, 11th edition, article, “Australia.”] As for freedom, men of certain nations regard it as the highest virtue to be willing to die for it—their own freedom, be it understood,—while they regard the same desire for freedom on the part of their colonists as a moral obliquity to be extirpated, root and branch.

That the historian and the sociologist should find much to say touching the relation of nations to each other and to subject peoples goes without saying. But the cynic may maintain with some plausibility that the moralist’s chapter on International Ethics must be as void of content as the traditional chapter on “Snakes in Ireland.” In this the cynic is wrong, as usual; but it is instructive to listen to him, if only that we may intelligently refute him.

It is not always easy for an individual to determine just what he owes to his family, to his neighbors, or to his country. Is it surprising that it should be difficult for men to determine just what one country, or what one race, owes to another? This is the subject of international ethics. He who treads upon this ground should walk gingerly, and not feel too sure of himself. But there is no reason why the moralist should not put upon paper such reflections as occur to him. He cannot say anything more devoid of reason than much that is said by others.

The great Grotius, in writing on international law, in the seventeenth century, drew his illustrations chiefly from Greeks and Romans long dead. He had much more recent material ready to hand. But he well knew that he, who would induce another to give him calm and dispassionate attention, must not begin by treading on the toes of his listener. I shall strive to profit by his example. It is best to say only what each man can apply to his neighbor. We are all sensitive in this field.

160. OUR METHOD OF APPROACH TO THE SUBJECT—We have seen (Sec 80) that rational elements are to be found even in the irrational will, if one will look below the surface.

Is it rational for the mother to place before all else the interests of the hairless, toothless and, apparently, mindless little creature that she clasps to her breast? The very existence of society depends upon her having the feeling that prompts her to do it. Is it rational to favor one’s neighbor, to be proud of one’s native town, which may be a poor sort of a town? Is it rational to be patriotic, even when one’s state is not much of a state?

We have seen that the Rational Social Will incorporates itself in societies very gradually, and that it draws into its service lesser groups of many descriptions. He who detaches himself from these lesser groups is not a man. He is the mere outline of a man—the “featherless biped” of the philosopher. It is not of such that a state can be made.

It is the duty of the state to prevent a man from shrinking into being the mere member of some lesser group, but it is not its duty to obliterate what is human in him. And the Rational Social Will must see to it that he does not, on the other hand, forget, in a blind and irrational patriotism, that he is a human being with a capacity for human sympathies—sympathies extending far beyond the limits of any state. Except when they are under the influence of strong passion, I think we may say that men in civilized states, at least, have already shown themselves amenable to the influence of the Rational Social Will in this direction. It must be confessed that that influence has, as yet, been limited.

The approach to the subject of international ethics must lie in the recognition that men are set in families, in neighborhoods, in towns or cities, in states; and are yet human beings with a capacity for respecting and loving those who belong to none of these particular organizations. My advice to the man who wishes to abuse his fellow-man is to do it quickly, and before he is acquainted with him. If he gets to know him well, he will probably find something lovable in him, and he will lose the pleasure of being malicious.

161. SOME PROBLEMS OF INTERNATIONAL ETHICS.—The man who reads history finds, sometimes, things to inspire him; and sometimes, things that are depressing. He sees that the family must expand into the clan, that the clan must come into contact with others, that the state must rise, and that some interrelation of states is an inevitable necessity. He sees that man’s increase in insight, in diligence, in enterprise, must make him reach out and trade with his fellow-man.

He sees also conquest, with the subjugation of peoples; he sees trade extended by force, and under the smoke of cannon; he sees a peaceful economic penetration, which ends in protectorates and annexations, in defiance of the will of those who do not want to be either protected or annexed.

What is rational is real, and what is real is rational, said Hegel. [Footnote: The Philosophy of Right, Preface, and see Sec Sec 351 and 347.] He further maintained that civilized nations may treat as barbarians peoples who are behind them in the “essential elements of the state”; and also that, in a given epoch, a given nation is dominant, and “other existing nations are void of right.”

Hegel has long been dead, and is turned to dust. He always was as dry as dust, even when he was alive, but he was a great man. But the famous Englishman, Sir Thomas More, wrote more engagingly; and does he not tell us, in his “Utopia,” that any nation’s holding unused a piece of ground needed for the nourishment of other people is a just cause of war?

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