analagous to Civil Government, or
the Law of the Land. Nay, farther, it squares, to a very great extent,
with Political Authority. The points where the two coincide, and those
where they do not coincide, may be briefly stated:--

(1) All the most essential parts of Morality are adopted and carried
out by the Law of the Land. The rules for protecting person and
property, for fulfilling contracts, for performing reciprocal duties,
are rules or laws of the State; and are enforced by the State, through
its own machinery. The penalties inflicted by public authority
constitute what is called the Political Sanction; they are the most
severe, and the most strictly and dispassionately administered, of all
penalties.

(2) There are certain Moral duties enforced, not by public and
official authority, but by the members of the community in their
private capacity. These are sometimes called the Laws of Honour,
because they are punished by withdrawing from the violator the honour
or esteem of his fellow-citizens. Courage, Prudence as regards self,
Chastity, Orthodoxy of opinion, a certain conformity in Tastes and
Usages,--are all prescribed by the mass of each community, to a
greater or less extent, and are insisted on under penalty of social
disgrace and excommunication. This is the Social or the Popular
Sanction. The department so marked out, being distinct from the
Political sphere, is called, by Austin, Positive Morality, or Morality
proper.

Public opinion also chimes in with the Law, and adds its own sanction
to the legal penalties for offences: unless the law happens to be in
conflict with the popular sentiment. Criminals, condemned by the law,
are additionally punished by social disgrace.

(3) The Law of the Land contains many enactments, besides the Moral
Code and the machinery for executing it. The Province of government
passes beyond the properly protective function, and includes many
institutions of public convenience, which are not identified with
right and wrong. The defence from external enemies; the erection of
works of public utility; the promotion of social improvements,--are
all within the domain of the public authority.[1]

II.--The second class of Rules are supported, not by penalties, but by
Rewards. Society, instead of punishing men for not being charitable or
benevolent, praises and otherwise rewards them, when they are so.
Hence, although Morality inculcates benevolence, this is not a Law
proper, it is