Elements of Morals Part 37

[59] _Traite elementaire de philosophie_, p. 262.

[60] Concerning these three powers, see Montesquieu, _Esprit des lois_, I., xi.

[61] See on this subject the _Notions d'instruction civique_.

[62] Prosopopoeia in rhetoric is the form of expression which consists in animating physical or abstract things, in lending them "a soul, a mind, a visage" (Boileau), in making them speak or being spoken to as if they were present and living. In _Crito_, the laws are personified, and it is they that speak.

[63] _Droits et devoirs de l'homme_, Henri Marion, Paris, 1880, p. 67.

[64] The preceding quotation is from our _Philosophie du bonheur_.

[65] _Philosophie sociale_, Essai sur les devoirs de l'homme et du citoyen, par l'abbe Durosoi (Paris, 1783).

[66] Marshal Marmont was accused of treason for having accepted the capitulation of Essonne, which was perhaps imposed upon him by necessity.

[67] The _liberum veto_ in Poland was the right of each representative to oppose the veto of the laws which were voted unanimously.

[68] Montaigne thus expressed himself in regard to marriage: "A good marriage is a sweet society for life, full of constancy, troubles, and an infinite number of useful and substantial services and mutual obligations."

[69] Ad. Garnier, _Morale sociale_ I., ii., p. 104.

[70] See our book, _La Famille_, 3d lecture. We take the liberty to refer the reader to this book for the development of the subject.

[71] Xenophon.

[72] A. Garnier, _Morale sociale_.

[73] The law of divorce has since been pa.s.sed again in France.--[Transl.]

[74] David Hume, _Essays_.

[75] A great German moralist, Fichte, denies, however, people having a right to voluntarily and systematically renounce marriage: "An unmarried person," he says, "is but half a person. A fixed resolution not to marry is absolutely contrary to duty. Not to marry is, without its being one's fault, a great misfortune; but not to marry through one's fault is a great fault (_Durch seine Schuld, eine grosse Schuld_). It is not permitted to sacrifice this end to other ends, even where the service of the Church, or family or State duties, or, in fine, the repose of a contemplative life, are concerned; for there is no higher end for man than to be a complete man." There is much truth in these words of Fichte, yet may we be permitted to think that his doctrine in this respect is pushed to excess, as well as that which forbids second marriages.

[76] _La Famille._ 4th Lecture.

[77] _Du droit de la guerre et de la paix_, I., II. ch. v. -- 2.

[78] And that may be questioned.

[79] This duty to-day is imposed by law: "Primary instruction is obligatory for children of both s.e.xes from six to thirteen years." (Law of the 28th March, 1882, art. 4.)

[80] Fichte, _System der Sittenlehre_, Pt. III., ch. iii., -- 29.

[81] _Doctrine of happiness._

[82] Fichte is right here when he speaks of the exaggeration of this principle. But the principle itself is a true one, namely, that one should accustom children to act according to their own reason: it is the only means of teaching them liberty.

[83] The Dialogues of Plato. Laws. B. Jowett's Translation, B. IV., 238.

[84] Xenophon's _Memorabilia of Socrates_, translation by J. S. Watson, B.

II., Chap. 2.

[85] Xenophon's Memorabilia. Translation J. S. Watson.

[86] _Des Devoirs de l'homme_, ch. xii.

[87] A European custom.--_Transl._

[88] See our work on _La Famille_ (3d lecture).

[89] _Le Vrai, le Beau et le Bien._ Lect. xxi., ch. xxii.

[90] There is no injustice done to him who consents to it.

[91] St. Augustin, _Cite de Dieu_, I., xvii., trad. d'Em. Saisset.

[92] One will say, perhaps, that the merchant is never innocent, for he should have foreseen the risks which threatened him, and provided against them. But there is no commerce without risks. There is, then, a certain amount of risks which it is allowed and even necessary to run, or else suppress commerce altogether. For example, a merchant in times of peace certainly knows that there may suddenly arise a cause of war, and he must make provision against the eventuality; but if all his transactions were influenced by that idea, commerce in times of peace would not differ from commerce in times of war, and would consequently be null.

[93] Rousseau's _Emile_, I., i.

[94] Bossuet, _Traite de la concupiscence_, Ch. iv.

[95] We may apply here what La Bruyere said of clothes: "There is as much weakness in avoiding fashion as affecting it. A philosopher allows his tailor to dress him." In the same sense is there as much weakness in rebelling against pleasure as in seeking it too artfully. The honest man simply enjoys it without thinking of it. Between the rigorist and the sensualist, the sensible man has his place.

[96] _Ciceron_, _Traite des devoirs_, I., x.x.xiv.

[97] Cicero, _Traite des devoirs_, ch. x.x.xvi.

[98] We nowise mean to uphold here the doctrine of the _physiocrats_ for whom land was the only riches; we shall merely say that it is the basis of all wealth.

[99] There is here, again, a broad duty, for how can we interdict to a merchant the desire for gain without suppressing one of the incitements to his activity and work? All that we can recommend to him is moderation, and not to sacrifice to this incitement sentiments of a higher order.

[100] Kant himself recognizes that self-interest may become a duty when combated by pa.s.sion. "To secure one's own happiness," he says, "is at least an indirect duty; for he who is dissatisfied with his condition may easily, in the midst of the cares and wants which besiege him, yield to the temptation of transgressing his duties.... Therefore, even though this tendency in man to seek his happiness did not determine his will, even though health were not, for him at least, a thing to be taken account of in his calculations, there would still remain in this case, as in all others, a law, the one, namely, which commands him to work for his happiness, not from inclination, but from a sense of duty, and it is only by this that his conduct may have a real moral value.

[101] Franklin, _Poor Richard's Almanac_.

[102] Aristotle, Nichomachean Ethics, iv., i.

[103] Meditations of Marcus Aurelius Antoninus, v., i.

[104] Aristotle, Politics, i., ii.

[105] Xenophon's Memorabilia of Socrates, Bohn's translation, by Rev. J.

S. Watson, M.A., II., vii.

[106] Confucius and Mencius, Pauthier's translation, p. 303.

[107] The word mercenary has always had an unfavorable meaning attached to it, a relic of ancient prejudice. In the proper sense, mercenary means remunerative, and should have no condemnatory signification. Yet already in antiquity the word _mercenary_ had a higher sense than the word _servile_; for Cicero, wishing to say that one should treat one's slaves well, said that they should be treated as mercenaries--that is to say, as men remunerated but free.