Moral Science; a Compendium of Ethics

by Alexander Bain

The first part of Chapter XVII. is entitled the 'Limits between Private Ethics and the Art of Legislation;' and a short account of it will complete the view of the author's Ethical Theory.

Ethics at large, is defined the art of directing men's actions to the production of the greatest possible quantity of happiness, on the part of those whose interest is in view, Now, these actions may be a man's own actions, in which case they are styled the art of self-government, or private ethics. Or they may be the actions of other agents, namely, (1) Other human beings, and (2) Other Animals, whose interests Bentham considers to have been disgracefully overlooked by jurists as well as by mankind generally.

In so far as a man's happiness depends on his own conduct, he may be said to owe a duty to himself; the quality manifested in discharge of this branch of duty (if duty it is to be called) is PRUDENCE. In so far as he affects by his conduct the interests of those about him, he is under a duty to others. The happiness of others may be consulted in two ways. First, negatively, by forbearing to diminish it; this is called PROBITY. Secondly, in a positive way, by studying to increase it; which is expressed by BENEFICENCE.

But now the question occurs, how is it that under Private Ethics (or apart from legislation and religion) a man can be tinder a motive to consult other people's happiness? By what obligations can he be bound to probity and beneficence? A man can have no adequate motives for consulting any interests but his own. Still there are motives for making us consult the happiness of others, namely, the purely social motive of Sympathy or Benevolence, and the semi-social motives of Love of Amity and Love of Reputation. [He does not say here whether Sympathy is a motive grounded on the pleasure it brings, or a motive irrespective of the pleasure; although from other places we may infer that he inclines to the first view.]

Private Ethics and Legislation can have but the same end, happiness. Their means, the actions prompted, must be nearly the same. Still they are different. There is no case where a man ought not to be guided by his own, or his fellow-creatures', happiness; but there are many cases where the legislature should not compel a man to perform such actions. The reason is that the Legislature works solely by Punishment (reward is seldom applied, and is not properly an act of legislation). Now, there are cases where the punishment of the political sanction ought not to be used; and if, in any of these cases, there is a propriety of using the punishments of private ethics (the moral or social sanction), this circumstance would indicate the line of division.

First, then, as to the cases where punishment would be groundless. In such cases, neither legislation nor private ethics should interfere.

Secondly. As to cases where it would be inefficacious, where punishment has no deterring motive power,—as in Infancy, Insanity, overwhelming danger, &c.,—the public and the private sanctions are also alike excluded.

Thirdly. It is in the cases where Legislative punishment would be unprofitable, that we have the great field of Private Ethics. Punishment is unprofitable in two ways. First, when the danger of detection is so small, that nothing but enormous severity, on detection, would be of avail, as in the illicit commerce of the sexes, which has generally gone unpunished by law. Secondly, when there is danger of involving the innocent with the guilty, from inability to define the crime in precise language. Hence it is that rude behaviour, treachery, and ingratitude are not punished by law; and that in countries where the voice of the people controls the hand of the legislature, there is a great dread of making defamation, especially of the government, an offence at law.

Private Ethics is not liable to the same difficulties as Legislation in dealing with such offences.

Of the three departments of Moral Duty—Prudence, Probity, and Beneficence—the one that least requires and admits of being enforced by legislative punishment is the first—Prudence. It can only be through some defect of the understanding, if people are wanting in duty to themselves. Now, although a man may know little of himself, is it certain the legislator knows more? Would it be possible to extirpate drunkenness or fornication by legal punishment? All that can be done in this field is to subject the offences, in cases of notoriety, to a slight censure, so as to cover them with a slight shade of artificial disrepute, and thus give strength and influence to the moral sanction.