The first are rules imposed under a Penalty for neglect, or violation.
The penalty is termed Punishment; the imposing party is named
Government, or Authority; and the rules so imposed and enforced, are
called Laws proper, Morality proper, Obligatory Morality, Duty.
4. The second are rules whose only external support is Rewards; constituting Optional Morality, Merit, Virtue, or Nobleness.
Moral duties are a set of rules, precepts, or prescriptions, for the direction of human conduct in a certain sphere or province. These rules are enforced by two kinds of motives, requiring to be kept distinct.
I.—One class of rules are made compulsory by the infliction of pain, in the case of violation or neglect. The pain so inflicted is termed a Penalty, or Punishment; it is one of the most familiar experiences of all human beings living in society.
The Institution that issues Rules of this class, and inflicts punishment when they are not complied with, is termed Government, or Authority; all its rules are authoritative, or obligatory; they are Laws strictly so called, Laws proper. Punishment, Government, Authority, Superiority, Obligation, Law, Duty,—define each other; they are all different modes of regarding the same fact.
Morality is thus in every respect analagous to Civil Government, or the Law of the Land. Nay, farther, it squares, to a very great extent, with Political Authority. The points where the two coincide, and those where they do not coincide, may be briefly stated:—
(1) All the most essential parts of Morality are adopted and carried out by the Law of the Land. The rules for protecting person and property, for fulfilling contracts, for performing reciprocal duties, are rules or laws of the State; and are enforced by the State, through its own machinery. The penalties inflicted by public authority constitute what is called the Political Sanction; they are the most severe, and the most strictly and dispassionately administered, of all penalties.
(2) There are certain Moral duties enforced, not by public and official authority, but by the members of the community in their private capacity. These are sometimes called the Laws of Honour, because they are punished by withdrawing from the violator the honour or esteem of his fellow-citizens. Courage, Prudence as regards self, Chastity, Orthodoxy of opinion, a certain conformity in Tastes and Usages,—are all prescribed by the mass of each community, to a greater or less extent, and are insisted on under penalty of social disgrace and excommunication. This is the Social or the Popular Sanction. The department so marked out, being distinct from the Political sphere, is called, by Austin, Positive Morality, or Morality proper.
Public opinion also chimes in with the Law, and adds its own sanction to the legal penalties for offences: unless the law happens to be in conflict with the popular sentiment. Criminals, condemned by the law, are additionally punished by social disgrace.
(3) The Law of the Land contains many enactments, besides the Moral Code and the machinery for executing it. The Province of government passes beyond the properly protective function, and includes many institutions of public convenience, which are not identified with right and wrong. The defence from external enemies; the erection of works of public utility; the promotion of social improvements,—are all within the domain of the public authority.[1]