INTRODUCTION. THE SANCTIONS OF CONDUCT.

All reflecting men acknowledge that both the theory and the practice of morality have advanced with the general advance in the intelligence and civilisation of the human race. But, if this be so, morality must be a matter capable of being reasoned about, a subject of investigation and of teaching, in which the less intelligent members of a community have always something to learn from the more intelligent, and the more intelligent, in their turn, have ever fresh problems to solve and new material to study. It becomes, then, of prime importance to every educated man, to ask what are the data of Ethics, what is the method by which its general principles are investigated, what are the considerations which the moralist ought to apply to the solution of the complex difficulties of life and action. And still, in spite of these obvious facts, ethical investigation, or any approach to an independent review of the current morality, is always unpopular with the great mass of mankind. Though the conduct of their own lives is the subject which most concerns men, it is that in which they are least patient of speculation. Nothing is so wounding to the self-complacency of a man of indolent habits of mind as to call in question any of the moral principles on which he habitually acts. Praise and blame are usually apportioned, even by educated men, according to vague and general rules, with little or no regard to the individual circumstances of the case. And of all innovators, the innovator on ethical theory is apt to be the most unpopular and to be the least able to secure impartial attention to his speculations. And hence it is that vague theories, couched in unintelligible or only half-intelligible language, and almost totally inapplicable to practice, have usually done duty for what is called a system of moral philosophy. The authors or exponents of such theories have the good fortune at once to avoid odium and to acquire a reputation for profundity.

In the following pages, I shall attempt (1) to discriminate morality, properly so called, from other sanctions of conduct; (2) to determine the precise functions, and the ultimate justification, of the moral sentiment, or, in other words, of the moral sanction; (3) to enquire how this sentiment has been formed, and how it may be further educated and improved; (4) to discover some general test of conduct; (5) to give examples of the application of this test to existing moral rules and moral feelings, with a view to shew how far they may be justified and how far they require extension or reformation. As my subject is almost exclusively practical, I shall studiously avoid mere theoretical puzzles, such as is pre-eminently that of the freedom of the will, which, in whatever way resolved, probably never influences, and never will influence, any sane man’s conduct. Questions of this kind will always excite interest in the sphere of speculation, and speculation is a necessity of the cultivated human intellect; but it does not seem to me that they can be profitably discussed in a treatise, the aim of which is simply to suggest principles for examining, for testing, and, if possible, for improving the prevailing sentiment on matters of practical morals.

To begin with the first division of my subject, How is morality, properly so called, discriminated from other sanctions of conduct? By a sanction I may premise that I mean any pleasure which attracts to as well as any pain which deters from a given course of action. In books on Jurisprudence, this word is usually employed to designate merely pains or penalties, but this circumstance arises from the fact that, at least in modern times, the law seldom has recourse to rewards, and effects its ends almost exclusively by means of punishments. When we are considering conduct, however, in its general aspects and not exclusively in its relations to law, we appear to need a word to express any inducement, whether of a pleasureable or painful nature, which may influence a man’s actions, and such a word the term ‘sanction’ seems conveniently to supply. Taking the word in this extended sense, the sanctions of conduct may be enumerated as the physical, the legal, the social, the religious, and the moral. Of the physical sanction familiar examples may be found in the headache from which a man suffers after a night’s debauch, the pleasure of relaxation which awaits a well-earned holiday, the danger to life or limb which is attendant on reckless exercise, or the glow of constant satisfaction which rewards a healthy habit of life. These pleasures and pains, when once experienced, exercise, for the future, an attracting or a deterring influence, as the case may be, on the courses of conduct with which they have respectively become associated. Thus, a man who has once suffered from a severe headache, after a night’s drinking-bout, will be likely to exercise more discretion in future, or the prospect of agreeable diversion, at the end of a hard day’s work, will quicken a man’s efforts to execute his task.

The legal sanction is too familiar to need illustration. Without penal laws, no society of any size could exist for a day. There are, however, two characteristics of this sanction which it is important to point out. One is that it works almost exclusively by means of penalties. It would be an endless and thankless business, in a society of any size, even if it were possible, to attempt to reward the virtuous for their consideration in not breaking the laws. The cheap, the effective, indeed, in most cases, the only possible method is to punish the transgressor. By a carefully devised and properly graduated system of penalties each citizen is thus furnished with the strongest inducement to refrain from those acts which may injure or annoy his neighbour. Another characteristic of the legal sanction is that, though it is professedly addressed to all citizens alike, it actually affects the uneducated and lower classes far more than the educated and higher classes of society. This circumstance arises partly from the fact that persons in a comfortable position of life are under little temptation to commit the more ordinary crimes forbidden by law, such as are theft, assault, and the like, and partly from the fact that their education and associations make them more amenable to the social, and, in most cases, to the moral and religious sanctions, about to be described presently. Few persons in what are called the higher or middle ranks of life have any temptation to commit, say, an act of theft, and, if they experienced any such temptation, they would be at least as likely to be restrained by the consideration of what their neighbours would think or say about them, even apart from their own moral and religious convictions, as by the fear of imprisonment.

One of the most effective sanctions in all conditions of life, but especially in the upper and better educated circles of a civilized society, is what may be called the social sanction, that is to say, a regard for the good opinion and a dread of the evil opinion of those who know us, and especially of those amongst whom we habitually live. It is one of the characteristics of this sanction that it is much more far-reaching than the legal sanction. Not only does it extend to many acts of a moral character which are not affected, in most countries, by the legal sanction, such as lying, backbiting, ingratitude, unkindness, cowardice, but also to mere matters of taste or fashion, such as dress, etiquette, and even the proprieties of language. Indeed, as to the latter class of actions, there is always considerable danger of the social sanction becoming too strong. Society is apt to insist on all men being cast in one mould, without much caring to examine the character of the mould which it has adopted. And it frequently happens that a wholly disproportionate value thus comes to be attached to the observance of mere rules of etiquette and good-breeding as compared with acts and feelings which really concern the moral and social welfare of mankind. There is many a man, moving in good society, who would rather be guilty of, and even detected in, an act of unkindness or mendacity, than be seen in an unfashionable dress or commit a grammatical solecism or a broach of social etiquette. Vulgarity to such men is a worse reproach than hardness of heart or indifferent morality. In these cases, as we shall see hereafter, the social sanction requires to be corrected by the moral and religious sanctions, and it is the special province of the moral and religious teacher in each generation to take care that this correction shall be duly and effectively applied. The task may, from time to time, require the drastic hand of the moral or religious reformer, but, unless some one has the courage to undertake it, we are in constant danger of neglecting the weightier matters of the law, while we are busy with the mint and cummin and anise of fashion and convention. But, notwithstanding the danger of exaggeration and misapplication, there can be no doubt of the vast importance and the generally beneficial results of a keen sensitiveness to the opinions of our fellow-men. Without the powerful aid of this sanction, the restraints of morality and religion would often be totally ineffective.

When the social sanction operates, not through society generally, but through particular sections of society, it may be called a Law of Honour, a term which originated in the usages of Chivalry. In a complex and civilized form of society, such as our own, there may be many such laws of honour, and the same individual may be subject to several of them. Thus each profession, the army, the navy, the clerical, the legal, the medical, the artistic, the dramatic profession, has its own peculiar code of honour or rules of professional etiquette, which its members can only infringe on pain of ostracism, or, at least, of loss of professional reputation. The same is the case with trades, and is specially exemplified in the instance of trades-unions, or, their mediaeval prototypes, the guilds. A college or a school, again, has its own rules and traditions, which the tutor or undergraduate, the master or boy, can often only violate at his extreme peril. Almost every club, institution, and society affords another instance in point. The class of ‘gentlemen,’ too, that is to say, speaking roughly, the upper and upper middle ranks of society, claim to have a code of honour of their own, superior to that of the ordinary citizen. A breach of this code is called ‘ungentlemanly’ rather than wrong or immoral or unjust or unkind. So far as this code insists on courtesy of demeanour and delicacy of feeling and conduct, it is a valuable complement to the ordinary rules of morality, though, so far as it fulfils this function, it plainly ought not to be the exclusive possession of one class, but ought to be communicated, by means of example and education, to the classes who are now supposed to be bereft of it. There are points in this code, however, such as that the payment of ‘debts of honour’ should take precedence of that of tradesmen’s bills, and that less courtesy is due to persons in an inferior station than to those in our own, which at least merit re-consideration. It may, indeed, be said of all these laws or codes of honour, that, though they have probably, on the whole, a salutary effect in maintaining a high standard of conduct in the various bodies or classes where they obtain, they require to be constantly watched, lest they should become capricious or tyrannical, and specially lest they should conflict with the wider interests of society or the deeper instincts of morality. It must not be forgotten that we are ‘men’ before we are ‘gentlemen,’ and that no claims of any profession, institution, or class can replace or supplant those of humanity and citizenship.

We see, then, or rather we are obliged at the present stage of our enquiry to assume, that the social sanction, whether it be derived from the average sentiment of society at large or from the customs and opinions of particular aggregates of society, requires constant correction at the hands of the moralist. The sentiment which it represents may be only the sentiment of men of average moral tone, or it may even be that of men of an inferior or degraded morality, and hence it often needs to be tested by the application of rules derived from a higher standard both of feeling and intelligence. Nor is it the moral standard only which may be used to correct the social standard. We may often advantageously have recourse to the legal standard for the same purpose. For the laws of a country express, as a rule, the sentiments of the wisest and most experienced of its citizens, and hence we might naturally expect that they would be in advance of the average moral sentiment of the people, as well as of the social traditions of particular professions or classes. And this I believe to be usually the case. For instances, we have to go no further than the comparison between the laws and the popular or professional sentiment on bribery at elections, on smuggling, on evasion of taxation, on fraudulent business transactions, on duelling, on prize-fighting, or on gambling. At the same time it must be confessed that, as laws sometimes become antiquated, and the leanings of lawyers are proverbially conservative, it occasionally happens that, on some points, the average moral sentiment is in advance of the law. I may select as examples, from comparatively recent legal history, the continuance of religious disabilities and the excessive punishment of ordinary or even trivial crimes; and, perhaps, I may venture to add, as a possible reform in the future now largely demanded by popular sentiment, some considerable modifications of the laws regulating the transfer of and the succession to landed property. Thus it will be seen that law and the sentiment of society may each be employed as corrective of the other, and that, consequently, their comparison implies a higher standard than either, by means of which each may be tested, and to which each, in its turn, may be referred. This higher or common standard it will be our business to consider in a subsequent part of this Essay. Meanwhile, it may be pointed out that, in addition to its function as an occasional corrective of the legal sanction, the social sanction subserves two great objects: first, it largely complements the legal sanction, being applicable to numberless cases which that sanction does not, and, in fact, cannot reach; secondly, the legal sanction, even in those cases which it reaches, is greatly reinforced by the social sanction, which adds the pains arising from an evil reputation, and all the indefinable social inconveniences which an evil reputation brings with it, to the actual penalties inflicted by the law.

The religious sanction varies, of course, with the different religious creeds, and, in the more imperfect forms of religion, by no means always operates in favour of morality. But it will be sufficient here to consider the religious sanction solely in relation to Christianity. As enforced by the Bible and the Church, the religious sanctions of conduct are two, which I shall call the higher and the lower sanctions. By the latter I mean the hope of the divine reward or the fear of the divine punishment, either in this world or the next; by the former, the love of God and that veneration for His nature which irresistibly inspires the effort to imitate His perfections. The lower religious sanction is plainly the same in kind with the legal sanction. If a man is induced to do or to refrain from doing a certain action from fear of punishment, the motive is the same, whether the punishment be for a long time or a short one, whether it is to take immediate effect or to be deferred for a term of years. And, similarly, the same is the case with rewards. No peculiar merit, as it appears to me, can be claimed by a man because he acts from fear of divine punishment rather than of human punishment, or from hope of divine rewards rather than of human rewards. The only differences between the two sanctions are (1) that the hopes and fears inspired by the religious sanction are, to one who believes in their reality, far more intense than those inspired by the legal sanction, the two being related as the temporal to the eternal, and (2) that, inasmuch as God is regarded as omnipresent and omniscient, the religious sanction is immeasurably more far-reaching than the legal sanction or even than the legal and the social sanctions combined. Thus the lower religious sanction is, to those who really believe in it, far more effective than the legal sanction, though it is the same in kind. But the higher religious sanction appeals to a totally different class of motives, the motives of love and reverence rather than of hope and fear. In this higher frame of mind, we keep God’s commandments, because we love Him, not because we hope for His rewards or fear His punishments. We reverence God, and, therefore, we strive to be like Him, to be perfect even as He is perfect. We have attained to that state of mind in which perfect love has cast out fear, and, hence, we simply do good and act righteously because God, who is the supreme object of our love and the supreme ideal of conduct, is good and righteous. There can be no question that, in this case, the motives are far loftier and purer than in the case of the legal and the lower religious sanctions. But there are few men, probably, capable of these exalted feelings, and, therefore, for the great mass of mankind the external inducements to right conduct must, probably, continue to be sought in the coarser motives. It may be mentioned, before concluding this notice of the religious sanctions, that there is a close affinity between the higher religious sanction and that form of the social sanction which operates through respect for the good opinions of those of our fellow-men whom we love, reverence, or admire.

But, quite distinct from all the sanctions thus far enumerated, there is another sanction which is derived from our own reflexion on our own actions, and the approbation or disapprobation which, after such reflexion, we bestow upon them. There are actions which, on no reasonable estimate of probabilities, can ever come to the knowledge of any other person than ourselves, but which we look back on with pleasure or regret. It may be said that, though, in these cases, the legal and the social sanctions are confessedly excluded, the sanction which really operates is the religious sanction, in either its higher or its lower form. But it can hardly be denied that, even where there is no belief in God, or, at least, no vivid sense of His presence nor any effective expectation of His intervention, the same feelings are experienced. These feelings, then, appear to be distinct in character from any of the others which we have so far considered, and they constitute what may appropriately be called the moral sanction, in the strict sense of the term. It is one of the faults of Bentham’s system that he confounds this sanction with the social sanction, speaking indifferently of the moral or popular (that is to say, social) sanction; but let any one examine carefully for himself the feelings of satisfaction or dissatisfaction with which he looks back upon past acts of his own life, and ask himself whether he can discover in those feelings any reference to the praise or blame of other persons, actual or possible. There will, if I mistake not, be many of them in which he can discover no such reference, but in which the feeling is simply that of satisfaction with himself for having done what he ought to have done, or dissatisfaction with himself for having done that which he ought not to have done. Whether these feelings admit of analysis and explanation is another question, and one with which I shall deal presently, but of their reality and distinctness no competent and impartial person, on careful self-examination, can well doubt. The answer, then, to our first question, I conceive to be that the moral sanction, properly so called, is distinguished from all other sanctions of conduct in that it has no regard to the prospect of physical pleasure or pain, or to the hope of reward or fear of punishment, or to the estimation in which we shall be held by any other being than ourselves, but that it has regard simply and solely to the internal feeling of satisfaction or dissatisfaction with which, on reflexion, we shall look back upon our own acts.