ys should be in good repair, is a part of Well-being. That
Justice should be done is Existence; that farmers and traders should
give in to government the statistics of their occupation, is a means
to Prosperous Existence.[3]
It is proper to advert to one specific influence in moral enactments,
serving to disguise the Ethical end, and to widen the distinction
between morality as it has been, and morality as it ought to be. The
enforcing of legal and moral enactments demands a _power of coercion_,
to be lodged in the hands of certain persons; the possession of which
is a temptation to exceed the strict exigencies of public safety, or
the common welfare. Probably many of the whims, fancies, ceremonies,
likings and antipathies, that have found their way into the moral
codes of nations, have arisen from the arbitrary disposition of
certain individuals happening to be in authority at particular
junctures. Even the general community, acting in a spontaneous manner,
imposes needless restraints upon itself, delighting more in the
exercise of power, than in the freedom of individual action.
7. Morality, in its essential parts, is 'Eternal and Immutable;' in
other parts, it varies with Custom.
(1) The rules for protecting one man from another, for enforcing
justice, and the observance of contracts, are essential and
fundamental, and may be styled 'Eternal and Immutable.' The ends to be
served require these rules; no caprice of custom could change them
without sacrificing these ends. They are to society what food is to
individual life, of sexual intercourse and mother's care to the
continuance of the race. The primary moralities could not be exchanged
for rules enacting murder, pillage, injustice, unveracity, repudiation
of engagements; because under these rules, human society would fall to
pieces.
(2) The manner of carrying into effect these primary regulations of
society, varies according to Custom. In some communities the machinery
is rude and imperfect; while others have greatly improved it. The
Greeks took the lead in advancing judicial machinery, the Romans
followed.
In the regulations not essential to Being, but important to
Well-being, there has prevailed the widest discrepancy of usage. The
single department relating to the Sexes is a sufficient testimony on
this head. No one form of the family is indispensable to the existence
of society; yet some forms are more favourable to general happiness
than others. But
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