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sed to the taking of life, for we glory in the taking of life under the patriotic name of "war," and are fairly indifferent to it when involved by the demands of our industrial system; but the killing of the aged no longer subserves any social need and their preservation ministers to our civilized emotional needs. The killing of a man is indeed notoriously an act which differs widely in its moral value at different periods and in different countries. It was quite moral in England two centuries ago and less, to kill a man for trifling offences against property, for such punishment commended itself as desirable to the general sense of the educated community. To-day it would be regarded as highly immoral. We are even yet only beginning to doubt the morality of condemning to death and imprisoning for life an unmarried girl who destroyed her infant at birth, solely actuated, against all her natural impulses, by the primitive instinct of self-defense. It cannot be said that we have yet begun to doubt the morality of killing men in war, though we no longer approve of killing women and children, or even non-combatants generally. Every age or land has its own morality. "Custom, in the strict sense of the word," well says Westermarck, "involves a moral rule.... Society is the school in which men learn to distinguish between right and wrong. The headmaster is custom."[260] Custom is not only the basis of morality but also of law. "Custom is law."[261] The field of theoretical morality has been found so fascinating a playground for clever philosophers that there has sometimes been a danger of forgetting that, after all, it is not theoretical morality but practical morality, the question of what men in the mass of a community actually do, which constitutes the real stuff of morals.[262] If we define more precisely what we mean by morals, on the practical side, we may say that it is constituted by those customs which the great majority of the members of a community regard as conducive to the welfare of the community at some particular time and place. It is for this reason--i.e., because it is a question of what is and not of merely what some think ought to be--that practical morals form the proper subject of science. "If the word 'ethics' is to be used as the name for a science," Westermarck says, "the object of that science can only be to study the moral consciousness as a fact."[263] Lecky's _History of European Morals_ is a
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