LVI.
Moral Law and the Ethical World.
Without the idea of the ethical world, as the unified activity of diverse functions exercised by different individuals, the idea of the good, and of freedom, would be undefined. But probably no one has ever attempted to conceive of the good and of freedom in total abstraction from the normal activity of man. Such has not been the lot of duty, or of the element of law. Often by implication, sometimes in so many words, it is stated that while a physical law may be accounted for, since it is simply an abstract from observed facts, a moral law stands wholly above and apart from actual facts; it expresses solely what 'ought to be' and not what is; that, indeed, whether anything in accordance with it ever has existed or not, is a matter of no essential moral importance theoretically, however it may be practically. Now it is evident that a law of something which has not existed, does not and perhaps never will exist, is essentially inexplicable and mysterious. It is as against such a notion of moral law that the idea of a real ethical world has perhaps its greatest service.
A moral law, e. g., the law of justice, is no more merely a law of what ought to be than is the law of gravitation. As the latter states a certain relation of moving masses to one another, so the law of justice states a certain relation of active wills to one another. For a given individual, at a given time and circumstances, the law of justice may appear as the law of something which ought to be, but is not:—is not for him in this respect, that is to say. But the very fact that it ought to be for him implies that it already is for others. It is a law of the society of which he is a member. And it is because he is a member of a society having this law, that is a law of what should be for him.
Would then justice cease to be a law for him if it were not observed at all in the society of which he is a member? Such a question is as contradictory as asking what would happen to a planet if the solar system went out of existence. It is the law of justice (with other such laws) that makes society; that is, it is those active relations which find expression in these laws that unify individuals so that they have a common end, and thus mutual duties. To imagine the abolition of these laws is to imagine the abolition of society; and to ask for the law of individual conduct apart from all relationship, actual or ideal, to society, is to ask in what morality consists when moral conditions are destroyed. A society in which the social bond we call justice does not obtain to some degree in the relations of man to man, is not society; and, on the other hand, wherever some law of justice actually obtains, there the law is for every individual who is a member of the society.
This does not mean that the 'is', the actual status of the moral world, is identical with the 'ought', or the ideal relations of man to man. But it does mean that there is no obligation, either in general or as any specific duty, which does not grow out of the 'is', the actual relations now obtaining.[1] The ethical world at any given time is undoubtedly imperfect, and, therefore, it demands a certain act to meet the situation. The very imperfection, the very badness in the present condition of things, is a part of the environment with reference to which we must act; it is, thus, an element in the law of future action that it shall not exactly repeat the existing condition. In other words, the 'is' gives the law of the 'ought', but it is a part of this law that the 'ought' shall not be as the 'is'. It is because the relation of justice does hold in members of a stratum of society, having a certain position, power or wealth, but does not hold between this section and another class, that the law of what should be is equal justice for all. In holding that actual social relations afford the law of what should be, we must not forget that these actual relations have a negative as well as a positive side, and that the new law must be framed in view of the negatives, the deficiencies, the wrongs, the contradictions, as well as of the positive attainments. A moral law, to sum up, is the principle of action, which, acted upon, will meet the needs of the existing situation as respects the wants, powers, and circumstances of the individuals concerned. It is no far-away abstraction, but expresses the movement of the ethical world.
[1] See Secs. [59], [60] and [63] for discussion of other aspects of this question.
One example will help define the discussion. Take the case of a street railway conductor, whose union has ordered a strike. What determines the law of his conduct under the circumstances? Evidently the existing ethical institutions of which he is a member, so far as he is conscious of their needs. To determine what he should do, he does not hunt up some law of an 'ought' apart from what is; if he should hunt for and should find such a law he would not know what to do with it. Just because it is apart from his concrete circumstances it is no guide, no law for his conduct at all. He has to act not in view of some abstract principle, but in view of a concrete situation. He considers his present wage, its relation to its needs and abilities; his capacity and taste for this and for that work; the reasons for the strike; the conditions of labor at present with reference to winning the strike, and as to the chance of getting other work. He considers his family, their needs and developing powers; the demand that they should live decently; that his children should be fairly educated and get a fair start in the world; he considers his relationships to his fellow members in the union, etc. These considerations, and such as these, give the law to his decision in so far as he acts morally and not instinctively. Where in this law-giving is there any separation from facts? On the contrary, the more right the act (the nearer it comes to its proper law), the more it will simply express and reflect the actual concrete facts. The law, in other words, of action, is the law of actual social forces in their onward movement, in so far as these demand some response in the way of conduct from the individual.
We may restate from this point of view, what we have already learned: A moral law is thoroughly individualized. It cannot be duplicated; it cannot be for one act just what it is for another. The ethical world is too rich in capacity and circumstance to permit of monotony; it is too swift in its movement to allow of bare repetition. It will not hold still; it moves on, and moral law is the law of action required from individuals by this movement.
The consideration of specific institutions, as the family, industrial society, civil society, the nation, etc., with their respective rights and laws, belongs rather to political philosophy than to the general theory of ethics.