se of bankrupts after receiving their discharge.
These examples typify cases (1) where no definite law is laid down, or
where the law is content with a minimum; and (2) where the law is
restrained by its rules of evidence or procedure. Society, in such
cases, steps in and supplies a motive in the shape of reward.
(B) Pure Virtue, or Beneficence; all actions for the benefit of others
without stipulation, and without reward; relief of distress, promotion
of the good of individuals or of society at large. The highest honours
of society are called into exercise by the highest services.
Bentham's principle of the claims of superior need cannot be fully
carried out, (although he conceives it might, in some cases), by either
the legal or the popular sanction. Thus, the act of the good Samaritan,
the rescue of a ship's crew from drowning, could not be exacted; the
law cannot require heroism. It is of importance to remark, that
although Duty and Nobleness, Punishment and Reward, are in their
extremes unmistakably contrasted, yet there may be a margin of doubt or
ambiguity (like the passing of day into night). Thus, expressed
approbation, generally speaking, belongs to Reward; yet, if it has
become a thing of course, the withholding of it operates as a
Punishment or a Penalty.]
[Footnote 3: The conditions that regulate the authoritative enforcement
of actions, are exhaustively given in works on Jurisprudence, but they
do not all concern Ethical Theory. The expedience of imposing a rule
depends on the importance of the object compared with the cost of the
machinery. A certain line of conduct may be highly beneficial, but may
not be a fit case for coercion. For example, the law can enforce only a
_minimum_ of service: now, if the case be such, that a minimum is
useless, as in helping a ship in distress, or in supporting aged
parents, it is much, better to leave the case to voluntary impulses,
seconded by approbation or reward. Again, an offence punished by law
must be, in its nature, definable; which, makes a difficulty in such
cases as insult, and defamation, and many species of fraud. Farther,
the offence must be easy of detection, so that the vast majority of
offenders may not escape. This limits the action of the law in
unchastity.]
[Footnote 4: See, on the method of Sokrates, Appendix A.]
[Footnote 5: In setting forth, the Ethical End, the language of
Sokrates was not always consistent. He sometimes stated it, as i
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