a clearly
perceptible fitness or unfitness, and thus acquire a distinct moral
character as right or wrong.
Section III.
Sources Of Knowledge. 2. Law.
*Law is the result of the collective experience*, in part, of particular
communities, in part, of the human race as a whole. It encourages,
protects, or at least permits whatever acts or modes of conduct have been
found or believed to be fitting, in accordance with the nature of things
and the well-being of men, and therefore right; it forbids and punishes
such acts or modes of conduct as have been found or believed to be
unfitting, opposed to nature and to human well-being, and therefore wrong.
It is far from perfect; it is below the standard of the most advanced
minds; but it represents the average knowledge or belief of the community
to which it belongs. *The laws* of any particular state cannot rise far
above this average; for laws unsustained by general opinion could not be
executed, and if existing in the statute-book, they would not have the
nature and force of law, and would remain on record simply because they
had lapsed out of notice. Nor can they fall far below this average; for no
government can sustain itself while its legislation fails to meet the
demands of the people.
While *law* thus expresses the average knowledge of belief, it *tends to
perpetuate its own moral standard*. The notions of right which it embodies
form a part of the general education. The specific crimes, vices, and
wrongs which the law marks out for punishment are regarded by young
persons, from their earliest years, as worthy of the most emphatic censure
and condemnation; while those which the law leaves unpunished are looked
upon as comparatively slight and venial. Not only so, the degree of
detestation in which a community learns to look on specific crimes and
offences is not in proportion to their actual heinousness, but to the
stress of overt ignominy attached to them by legal penalties. Instances of
this effect of law on opinion will be readily called to mind. Thus a
common thief loses, and can hardly regain his position in society; while
the man who by dishonest bankruptcy commits a hundred thefts in one, can
hold his place unchallenged, even in the Christian church, while it is
known to every one that he is living--it may be in luxury--on the money he
has stolen. The obvious reason is that from time immemorial simple theft
has been pu
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