FREE BOOKS

Author's List




PREV.   NEXT  
|<   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87  
88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   >>   >|  
his own implicitly, or by involution, rejects: since it would tell us to obey the principle itself without reference to the apparent consequences. By the bye, Paley has an express section of his work against the law of honour as a valid rule of action; but, as Cicero says of Epicurus, it matters little what he says; the question for us is _quam sibi convenienter_, how far consistently with himself. Now, as Sir James Mackintosh justly remarks, all that Paley says in refutation of the principle of worldly honour is hollow and unmeaning. In fact, it is merely one of the commonplaces adopted by satire, and no philosophy at all. Honour, for instance, allows you, upon paying gambling debts, to neglect or evade all others: honour, again, allows you to seduce a married woman: and he would secretly insinuate that honour _enjoins_ all this; but it is evident that honour simply forbears to forbid all this: in other words, it is a very limited rule of action, not applying to one case of conduct in fifty. It might as well be said, that Ecclesiastical Courts sanction murder, because that crime lies out of their jurisdiction. _First_, then, let him remember that it is the principle at stake--viz., the recognition by a legal tribunal, as lawful or innocent of any attempt to violate the laws, or to take the law into our own hands: this it is and the mortal taint which is thus introduced into the public morality of a Christian land, thus authentically introduced; thus sealed and countersigned by judicial authority; the majesty of law actually interfering to justify, with the solemnities of trial, a flagrant violation of law; this it is, this only, and not the amount of injury sustained by society, which gives value to the question. For, as to the injury, I have already remarked, that a very trivial annual loss--one life, perhaps, upon ten millions, and that life often as little practically valuable as any amongst us--that pays our fine or ransom in that account. And, in reality, there is one popular error made upon this subject, when the question is raised about the institution of some _Court of Honour_, or _Court of Appeal in cases of injury to the feelings_, under the sanction of parliament, which satisfactorily demonstrates the trivial amount of injury sustained: it is said on such occasions that _de minimis non curat lex_--that the mischief, in fact, is too narrow and limited for the regard of the legislature. And we may be assured
PREV.   NEXT  
|<   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87  
88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   >>   >|  



Top keywords:

honour

 

injury

 

question

 
principle
 

trivial

 

Honour

 

amount

 
sustained
 

limited

 

introduced


sanction

 

action

 
society
 

violate

 

innocent

 
attempt
 

mortal

 

judicial

 

Christian

 

justify


authentically
 

majesty

 
interfering
 

solemnities

 

morality

 

flagrant

 

violation

 

sealed

 
countersigned
 

public


authority
 

demonstrates

 

occasions

 

satisfactorily

 
parliament
 

Appeal

 

feelings

 

minimis

 
legislature
 

assured


regard

 

narrow

 

mischief

 

institution

 
practically
 

valuable

 

millions

 

annual

 
lawful
 

ransom