therefore are not so obligatory as justice, but which cannot be said
not to be obligatory. From their nature, they cannot be reduced to an
exact formula; their beauty lies in liberty. But in charity, he adds,
there is also a danger, from its effacing, to a certain extent, the
moral personality of the object of it. In acting upon others, we risk
interfering with their natural rights; charity is therefore to be
proportioned to the liberty and reason of the person benefited, and is
never to be made the means of usurping power over another.
Justice and Charity are the two elements composing social morality. But
what is social? and on what is Society founded, existing as it does
everywhere, and making man to be what he is? Into the hopeless question
of its origin he refuses to enter; its present state is to be studied
by the light of the knowledge of human nature. Its invariable
foundations are (1) the need we have of each other, and our social
instincts, (2) the lasting and indestructible idea and sentiment of
right and justice. The need and instinct, of which he finds many
proofs, begin society; justice crowns the work. The least consideration
of the relations of man to man, suggest the essential principles of
Society--justice, liberty, equality, government, punishment. Into each
of these he enters. Liberty is made out to be assured and developed in
society, instead of diminished. Equality is established upon the
character of moral personality, which admits of no degree. The need of
some repression upon liberty, where the liberty of others is trenched
upon, conducts to the idea of Government--a disinterested third party
armed with the necessary power to assure and defend the liberty of all.
To government is to be ascribed, first its inseparable function of
protecting the common liberty (without unnecessary repression), and
next, beneficent action, corresponding to the duty of charity. It
requires, for its guidance, a rule superior to itself, i.e., law, the
expression of universal and absolute justice. Here follows the usual
distinction of positive and natural law. The sanction of law is
punishment; the right of punishing, as was seen, depending on the idea
of demerit. Punishment is not mere vengeance, but the expiation by the
criminal of violated justice; it is to be measured therefore chiefly by
the demerit and not by the injury only. Whether, in punishing,
allowance should be made for correction and amelioration, is to p
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