Now we cannot fairly argue that, because a large aggregate of acts would cause more harm than good, therefore any single act of the kind will produce this effect. It may even be a straining of language to say that it has a tendency to produce it: no one (e.g.) would say that because an army walking over a bridge would break it down, therefore the crossing of a single traveller has a tendency to destroy it. And just as a prudent physician in giving rules of diet recommends an occasional deviation from them, as more conducive to the health of the body than absolute regularity; so there may be rules of social behaviour of which the general observance is necessary to the well-being of the community, while yet a certain amount of non-observance is rather advantageous than otherwise.

Here, however, we seem brought into conflict with Kant’s fundamental principle, that a right action must be one of which the agent could “will the maxim to be law universal.”[370] But, as was before[371] noticed in the particular case of veracity, we must admit an application of this principle, which importantly modifies its practical force: we must admit the case where the belief that the action in question will not be widely imitated is an essential qualification of the maxim which the Kantian principle is applied to test. For this principle,—at least so far as I have accepted it as self-evident—means no more than that an act, if right for any individual, must be right on general grounds, and therefore for some class of persons; it therefore cannot prevent us from defining this class by the above-mentioned characteristic of believing that the act will remain an exceptional one. Of course if this belief turns out to be erroneous, serious harm may possibly result; but this is no more than may be said of many other Utilitarian deductions. Nor is it difficult to find instances of conduct which Common Sense holds to be legitimate solely on the ground that we have no fear of its being too widely imitated. Take, for example, the case of Celibacy. A universal refusal to propagate the human species would be the greatest of conceivable crimes from a Utilitarian point of view;—that is, according to the commonly accepted belief in the superiority of human happiness to that of other animals;—and hence the principle in question, applied without the qualification above given, would make it a crime in any one to choose celibacy as the state most conducive to his own happiness. But Common Sense (in the present age at least) regards such preference as within the limits of right conduct; because there is no fear that population will not be sufficiently kept up, as in fact the tendency to propagate is thought to exist rather in excess than otherwise.

In this case it is a non-moral impulse on the average strength of which we think we may reckon: but there does not appear to be any formal or universal reason why the same procedure should not be applied by Utilitarians to an actually existing moral sentiment. The result would be a discrepancy of a peculiar kind between Utilitarianism and Common-Sense morality; as the very firmness with which the latter is established would be the Utilitarian ground for relieving the individual of its obligations. We are supposed to see that general happiness will be enhanced (just as the excellence of a metrical composition is) by a slight admixture of irregularity along with a general observance of received rules; and hence to justify the irregular conduct of a few individuals, on the ground that the supply of regular conduct from other members of the community may reasonably be expected to be adequate.

It does not seem to me that this reasoning can be shown to be necessarily unsound, as applied to human society as at present constituted: but the cases in which it could really be thought to be applicable, by any one sincerely desirous of promoting the general happiness, must certainly be rare. For it should be observed that it makes a fundamental difference whether the sentiment in mankind generally, on which we rely to sustain sufficiently a general rule while admitting exceptions thereto, is moral or non-moral; because a moral sentiment is inseparable from the conviction that the conduct to which it prompts is objectively right—i.e. right whether or not it is thought or felt to be so—for oneself and all similar persons in similar circumstances; it cannot therefore coexist with approval of the contrary conduct in any one case, unless this case is distinguished by some material difference other than the mere non-existence in the agent of the ordinary moral sentiment against his conduct. Thus, assuming that general unveracity and general celibacy would both be evils of the worst kind, we may still all regard it as legitimate for men in general to remain celibate if they like, on account of the strength of the natural sentiments prompting to marriage, because the existence of these sentiments in ordinary human beings is not affected by the universal recognition of the legitimacy of celibacy: but we cannot similarly all regard it as legitimate for men to tell lies if they like, however strong the actually existing sentiment against lying may be, because as soon as this legitimacy is generally recognised the sentiment must be expected to decay and vanish. If therefore we were all enlightened Utilitarians, it would be impossible for any one to justify himself in making false statements while admitting it to be inexpedient for persons similarly conditioned to make them; as he would have no ground for believing that persons similarly conditioned would act differently from himself. The case, no doubt, is different in society as actually constituted; it is conceivable that the practically effective morality in such a society, resting on a basis independent of utilitarian or any other reasonings, may not be materially affected by the particular act or expressed opinion of a particular individual: but the circumstances are, I conceive, very rare, in which a really conscientious person could feel so sure of this as to conclude that by approving a particular violation of a rule, of which the general (though not universal) observance is plainly expedient, he will not probably do harm on the whole. Especially as all the objections to innovation, noticed in the previous section, apply with increased force if the innovator does not even claim to be introducing a new and better general rule.

It appears to me, therefore, that the cases in which practical doubts are likely to arise, as to whether exceptions should be permitted from ordinary rules on Utilitarian principles, will mostly be those which I discussed in the first paragraph of this section: where the exceptions are not claimed for a few individuals, on the mere ground of their probable fewness, but either for persons generally under exceptional circumstances, or for a class of persons defined by exceptional qualities of intellect, temperament, or character. In such cases the Utilitarian may have no doubt that in a community consisting generally of enlightened Utilitarians, these grounds for exceptional ethical treatment would be regarded as valid; still he may, as I have said, doubt whether the more refined and complicated rule which recognises such exceptions is adapted for the community in which he is actually living; and whether the attempt to introduce it is not likely to do more harm by weakening current morality than good by improving its quality. Supposing such a doubt to arise, either in a case of this kind, or in one of the rare cases discussed in the preceding paragraph, it becomes necessary that the Utilitarian should consider carefully the extent to which his advice or example are likely to influence persons to whom they would be dangerous: and it is evident that the result of this consideration may depend largely on the degree of publicity which he gives to either advice or example. Thus, on Utilitarian principles, it may be right to do and privately recommend, under certain circumstances, what it would not be right to advocate openly; it may be right to teach openly to one set of persons what it would be wrong to teach to others; it may be conceivably right to do, if it can be done with comparative secrecy, what it would be wrong to do in the face of the world; and even, if perfect secrecy can be reasonably expected, what it would be wrong to recommend by private advice or example. These conclusions are all of a paradoxical character:[372] there is no doubt that the moral consciousness of a plain man broadly repudiates the general notion of an esoteric morality, differing from that popularly taught; and it would be commonly agreed that an action which would be bad if done openly is not rendered good by secrecy. We may observe, however, that there are strong utilitarian reasons for maintaining generally this latter common opinion; for it is obviously advantageous, generally speaking, that acts which it is expedient to repress by social disapprobation should become known, as otherwise the disapprobation cannot operate; so that it seems inexpedient to support by any moral encouragement the natural disposition of men in general to conceal their wrong doings; besides that the concealment would in most cases have importantly injurious effects on the agent’s habits of veracity. Thus the Utilitarian conclusion, carefully stated, would seem to be this; that the opinion that secrecy may render an action right which would not otherwise be so should itself be kept comparatively secret; and similarly it seems expedient that the doctrine that esoteric morality is expedient should itself be kept esoteric. Or if this concealment be difficult to maintain, it may be desirable that Common Sense should repudiate the doctrines which it is expedient to confine to an enlightened few. And thus a Utilitarian may reasonably desire, on Utilitarian principles, that some of his conclusions should be rejected by mankind generally; or even that the vulgar should keep aloof from his system as a whole, in so far as the inevitable indefiniteness and complexity of its calculations render it likely to lead to bad results in their hands.

Of course, as I have said, in an ideal community of enlightened Utilitarians this swarm of perplexities and paradoxes would vanish; as in such a society no one can have any ground for believing that other persons will act on moral principles different from those which he adopts. And any enlightened Utilitarian must of course desire this consummation; as all conflict of moral opinion must pro tanto be regarded as an evil, as tending to impair the force of morality generally in its resistance to seductive impulses. Still such conflict may be a necessary evil in the actual condition of civilised communities, in which there are so many different degrees of intellectual and moral development.

We have thus been led to the discussion of the question which we reserved in the last section; viz. how Utilitarianism should deal with the fact of divergent moral opinions held simultaneously by different members of the same society. For it has become plain that though two different kinds of conduct cannot both be right under the same circumstances, two contradictory opinions as to the rightness of conduct may possibly both be expedient; it may conduce most to the general happiness that A should do a certain act, and at the same time that B, C, D should blame it. The Utilitarian of course cannot really join in the disapproval, but he may think it expedient to leave it unshaken; and at the same time may think it right, if placed in the supposed circumstances, to do the act that is generally disapproved. And so generally it may be best on the whole that there should be conflicting codes of morality in a given society at a certain stage of its development. And, as I have already hinted, the same general reasoning, from the probable origin of the moral sense and its flexible adjustment to the varying conditions of human life, which furnished a presumption that Common-Sense morality is roughly coincident with the Utilitarian code proper for men as now constituted, may be applied in favour of these divergent codes also: it may be said that these, too, form part of the complex adjustment of man to his circumstances, and that they are needed to supplement and qualify the morality of Common Sense.

However paradoxical this doctrine may appear, we can find cases where it seems to be implicitly accepted by Common Sense; or at least where it is required to make Common Sense consistent with itself. Let us consider, for example, the common moral judgments concerning rebellions. It is commonly thought, on the one hand, that these abrupt breaches of order are sometimes morally necessary; and, on the other hand, that they ought always to be vigorously resisted, and in case of failure punished by extreme penalties inflicted at least on the ring-leaders; for otherwise they would be attempted under circumstances where there was no sufficient justification for them: but it seems evident that, in the actual condition of men’s moral sentiments, this vigorous repression requires the support of a strong body of opinion condemning the rebels as wrong, and not merely as mistaken in their calculations of the chances of success. For similar reasons it may possibly be expedient on the whole that certain special relaxations of certain moral rules should continue to exist in certain professions and sections of society, while at the same time they continue to be disapproved by the rest of the society. The evils, however, which must spring from this permanent conflict of opinion are so grave, that an enlightened Utilitarian will probably in most cases attempt to remove it; by either openly maintaining the need of a relaxation of the ordinary moral rule under the special circumstances in question; or, on the other hand, endeavouring to get the ordinary rule recognised and enforced by all conscientious persons in that section of society where its breach has become habitual. And of these two courses it seems likely that he will in most cases adopt the latter; since such rules are most commonly found on examination to have been relaxed rather for the convenience of individuals, than in the interest of the community at large.

§ 4. Finally, let us consider the general relation of Utilitarianism to that part of common morality which extends beyond the range of strict duty; that is, to the Ideal of character and conduct which in any community at any given time is commonly admired and praised as the sum of Excellences or Perfections. To begin, it must be allowed that this distinction between Excellence and Strict Duty does not seem properly admissible in Utilitarianism—except so far as some excellences are only partially and indirectly within the control of the will, and we require to distinguish the realisation of these in conduct from the performance of Duty proper, which is always something that can be done at any moment. For a Utilitarian must hold that it is always wrong for a man knowingly to do anything other than what he believes to be most conducive to Universal Happiness. Still, it seems practically expedient,—and therefore indirectly reasonable on Utilitarian principles,—to retain, in judging even the strictly voluntary conduct of others, the distinction between a part that is praiseworthy and admirable and a part that is merely right: because it is natural to us to compare any individual’s character or conduct, not with our highest ideal—Utilitarian or otherwise—but with a certain average standard and to admire what rises above the standard; and it seems ultimately conducive to the general happiness that such natural sentiments of admiration should be encouraged and developed. For human nature seems to require the double stimulus of praise and blame from others, in order to the best performance of duty that it can at present attain: so that the ‘social sanction’ would be less effective if it became purely penal. Indeed, since the pains of remorse and disapprobation are in themselves to be avoided, it is plain that the Utilitarian construction of a Jural morality is essentially self-limiting; that is, it prescribes its own avoidance of any department of conduct in which the addition that can be made to happiness through the enforcement of rules sustained by social penalties appears doubtful or inconsiderable. In such departments, however, the æsthetic phase of morality may still reasonably find a place; we may properly admire and praise where it would be inexpedient to judge and condemn. We may conclude, then, that it is reasonable for a Utilitarian to praise any conduct more felicific in its tendency than what an average man would do under the given circumstances:—being aware of course that the limit down to which praise worthiness extends must be relative to the particular state of moral progress reached by mankind generally in his age and country; and that it is desirable to make continual efforts to elevate this standard. Similarly, the Utilitarian will praise the Dispositions or permanent qualities of character of which felicific conduct is conceived to be the result, and the Motives that are conceived to prompt to it when it would be a clear gain to the general happiness that these should become more frequent: and, as we have seen,[373] he may without inconsistency admire the Disposition or Motive if it is of a kind which it is generally desirable to encourage, even while he disapproves of the conduct to which it has led in any particular case.

Passing now to compare the contents of the Utilitarian Ideal of character with the virtues and other excellences recognised by Common Sense, we may observe, first, that general coincidence between the two on which Hume and others have insisted. No quality has ever been praised as excellent by mankind generally which cannot be shown to have some marked felicific effect, and to be within proper limits obviously conducive to the general happiness. Still, it does not follow that such qualities are always fostered and encouraged by society in the proportion which a Utilitarian would desire: in fact, it is a common observation to make, in contemplating the morality of societies other than our own, that some useful qualities are unduly neglected, while others are over-prized and even admired when they exist in such excess as to become, on the whole, infelicific. The consistent Utilitarian may therefore find it necessary to rectify the prevalent moral ideal in important particulars. And here it scarcely seems that he will find any such Utilitarian restrictions on innovation, as appeared to exist in the case of commonly received rules of duty. For the Common-Sense notions of the different excellences of conduct (considered as extending beyond the range of strict duty) are generally so vague as to offer at least no definite resistance to a Utilitarian interpretation of their scope: by teaching and acting upon such an interpretation a man is in no danger of being brought into infelicific discord with Common Sense: especially since the ideal of moral excellence seems to vary within the limits of the same community to a much greater extent than the code of strict duty. For example, a man who in an age when excessive asceticism is praised, sets an example of enjoying harmless bodily pleasures, or who in circles where useless daring is admired, prefers to exhibit and commend caution and discretion, at the worst misses some praise that he might otherwise have earned, and is thought a little dull or unaspiring: he does not come into any patent conflict with common opinion. Perhaps we may say generally that an enlightened Utilitarian is likely to lay less stress on the cultivation of those negative virtues, tendencies to restrict and refrain, which are prominent in the Common-Sense ideal of character; and to set more value in comparison on those qualities of mind which are the direct source of positive pleasure to the agent or to others—some of which Common Sense scarcely recognises as excellences: still, he will not carry this innovation to such a pitch as to incur general condemnation. For no enlightened Utilitarian can ignore the fundamental importance of the restrictive and repressive virtues, or think that they are sufficiently developed in ordinary men at the present time, so that they may properly be excluded from moral admiration; though he may hold that they have been too prominent, to the neglect of other valuable qualities, in the common conception of moral Perfection. Nay, we may even venture to say that, under most circumstances, a man who earnestly and successfully endeavours to realise the Utilitarian Ideal, however he may deviate from the commonly-received type of a perfect character, is likely to win sufficient recognition and praise from Common Sense. For, whether it be true or not that the whole of morality has sprung from the root of sympathy, it is certain that self-love and sympathy combined are sufficiently strong in average men to dispose them to grateful admiration of any exceptional efforts to promote the common good, even though these efforts may take a somewhat novel form. To any exhibition of more extended sympathy or more fervent public spirit than is ordinarily shown, and any attempt to develop these equalities in others, Common Sense is rarely unresponsive; provided, of course, that these impulses are accompanied with adequate knowledge of actual circumstances and insight into the relation of means to ends, and that they do not run counter to any recognised rules of duty.[374] And it seems to be principally in this direction that the recent spread of Utilitarianism has positively modified the ideal of our society, and is likely to modify it further in the future. Hence the stress which Utilitarians are apt to lay on social and political activity of all kinds, and the tendency which Utilitarian ethics have always shown to pass over into politics. For one who values conduct in proportion to its felicific consequences, will naturally set a higher estimate on effective beneficence in public affairs than on the purest manifestation of virtue in the details of private life: while on the other hand an Intuitionist (though no doubt vaguely recognising that a man ought to do all the good he can in public affairs) still commonly holds that virtue may be as fully and as admirably exhibited on a small as on a large scale. A sincere Utilitarian, therefore, is likely to be an eager politician: but on what principles his political action ought to be determined, it scarcely lies within the scope of this treatise to investigate.