is the first--_Prudence_. It can only be
through some defect of the understanding, if people are wanting in duty
to themselves. Now, although a man may know little of himself, is it
certain the legislator knows more? Would it be possible to extirpate
drunkenness or fornication by legal punishment? All that can be done in
this field is to subject the offences, in cases of notoriety, to a
slight censure, so as to cover them with a slight shade of artificial
disrepute, and thus give strength and influence to the moral sanction.
Legislators have, in general, carried their interference too far in
this class of duties; and the mischief has been most conspicuous in
religion. Men, it is supposed, are liable to errors of judgment; and
for these it is the determination of a Being of infinite benevolence to
punish them with an infinity of torments. The legislator, having by his
side men perfectly enlightened, unfettered, and unbiassed, presumes
that he has attained by their means the exact truth; and so, when he
sees his people ready to plunge headlong into an abyss of fire, shall
he not stretch forth his hand to save them?
The second class of duties--the rules of _Probity_, stand most in need
of the assistance of the legislator. There are few cases where it
_would_ be expedient to punish a man for hurting himself, and few where
it _would not_ be expedient to punish a man for hurting his neighbour.
As regards offences against property, private ethics presupposes
legislation, which alone can determine what things are to be regarded
as each man's property. If private ethics takes a different view from
the legislature, it must of course act on its own views.
The third class of duties--_Beneficence_--must be abandoned to the
jurisdiction of private ethics. In many cases the beneficial quality of
an act depends upon the disposition of the agent, or the possession by
him of the extra-regarding motives--sympathy, amity, and reputation;
whereas political action can work only through the self-regarding
motives. In a word these duties must be _free_ or _voluntary_. Still,
the limits of law on this head might be somewhat extended; in
particular, where a man's person is in danger, it might be made the
duty of every one to save him from mischief, no less than to abstain
from bringing it on him.
To resume the Ethics of Bentham. I.--The Standard or End of Morality is
the production of Happiness, or Utility.
Bentham is thus at one in h
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