CHAPTER IVTHE METHOD OF UTILITARIANISM

But further, the expediency of satisfying normal expectations, even when they are not based upon a definite contract, is undeniable; it will clearly conduce to the tranquillity of social existence, and to the settled and well-adjusted activity on which social happiness greatly depends, that such expectations should be as little as possible baulked. And here Utilitarianism relieves us of the difficulties which beset the common view of just conduct as something absolutely precise and definite. For in this vaguer region we cannot draw a sharp line between valid and invalid claims; ‘injustice’ shades gradually off into mere ‘hardship.’ Hence the Utilitarian view that the disappointment of natural expectations is an evil, but an evil which must sometimes be incurred for the sake of a greater good, is that to which Common Sense is practically forced, though it is difficult to reconcile it with the theoretical absoluteness of Justice in the Intuitional view of Morality.

The gain of recognising the relativity of this obligation will be still more felt, when we consider what I distinguished as Ideal Justice, and examine the general conceptions of this which we find expressed or latent in current criticisms of the existing order of Society.

We have seen that there are two competing views of an ideally just social order—or perhaps we may say two extreme types between which the looser notions of ordinary men seem to fluctuate—which I called respectively Individualistic and Socialistic. According to the former view an ideal system of Law ought to aim at Freedom, or perfect mutual non-interference of all the members of the community, as an absolute end. Now the general utilitarian reasons for leaving each rational adult free to seek happiness in his own way are obvious and striking: for, generally speaking, each is best qualified to provide for his own interests, since even when he does not know best what they are and how to attain them, he is at any rate most keenly concerned for them: and again, theconsciousness of freedom and concomitant responsibility increases the average effective activity of men: and besides, the discomfort of constraint is directly an evil andpro tantoto be avoided. Still, we saw[342]that the attempt to construct a consistent code of laws, taking Maximum Freedom (instead of Happiness) as an absolute end, must lead to startling paradoxes and insoluble puzzles: and in fact the practical interpretation of the notion ‘Freedom,’ and the limits within which its realisation has been actually sought, have always—even in the freest societies—been more or less consciously determined by considerations of expediency. So that we may fairly say that in so far as Common Sense has adopted the Individualistic ideal in politics, it has always been as subordinate to and limited by the Utilitarian first principle.[343]

It seems, however, that what we commonly demand or long for, under the name of Ideal Justice, is not so much the realisation of Freedom, as the distribution of good and evil according to Desert: indeed it is as a means to this latter end that Freedom is often advocated; for it is said that if we protect men completely from mutual interference, each will reap the good and bad consequences of his own conduct, and so be happy or unhappy in proportion to his deserts. In particular, it has been widely held that if a free exchange of wealth and services is allowed, each individual will obtain from society, in money or other advantages, what his services are really worth. We saw, however, that the price which an individual obtains under a system of perfect free trade, for wealth or services exchanged by him, may for several reasons be not proportioned to the social utility of what he exchanges: and reflective Common Sense seems to admit this disproportion as to some extent legitimate, under the influence of utilitarian considerations correcting the unreflective utterances of moral sentiments.

To take a particular case: if a moral man were asked how far it is right to take advantage in bargaining of another’s ignorance, probably his first impulse would be to condemn such a procedure altogether. But reflection, I think, would showhim that such a censure would be too sweeping: that it would be contrary to Common Sense to “blameAfor having, in negotiating with a strangerB, taken advantage ofB’s ignorance of facts known to himself, provided thatA’s superior knowledge had been obtained by a legitimate use of diligence and foresight, whichBmight have used with equal success.... What prevents us from censuring in this and similar cases is, I conceive, a more or less conscious apprehension of the indefinite loss to the wealth of the community that is likely to result from any effective social restrictions on the free pursuit and exercise” of economic knowledge. And for somewhat similar reasons of general expediency, if the question be raised whether it is fair for a class of persons to gain by the unfavourable economic situation of any class with which they deal, Common Sense at least hesitates to censure such gains—at any rate when such unfavourable situation is due “to the gradual action of general causes, for the existence of which the persons who gain are not specially responsible.”[344]

The general principle of ‘requiting good desert,’ so far as Common Sense really accepts it as practically applicable to the relations of men in society, is broadly in harmony with Utilitarianism; since we obviously encourage the production of general happiness by rewarding men for felicific conduct; only the Utilitarian scale of rewards will not be determined entirely by the magnitude of the services performed, but partly also by the difficulty of inducing men to perform them. But this latter element seems to be always taken into account (though perhaps unconsciously) by Common Sense: for, as we have been led to notice,[345]we do not commonly recognise merit in right actions, if they are such as men are naturally inclined to perform rather too much than too little. Again, in cases where the Intuitional principle that ill-desert lies in wrong intention conflicts with the Utilitarian view of punishment as purely preventive, we find that in the actual administration of criminal justice, Common Sense is forced, however reluctantly, into practical agreement with Utilitarianism. Thus after a civil war it demands the execution of the most purelypatriotic rebels; and after a railway accident it clamours for the severe punishment of unintentional neglects, which, except for their consequences, would have been regarded as very venial.

If, however, in any distribution of pleasures and privileges, or of pains and burdens, considerations of desert do not properly come in (i.e.if the good or evil to be distributed have no relation to any conduct on the part of the persons who are to receive either)—or if it is practically impossible to take such considerations into account—then Common Sense seems to fall back on simple equality as the principle of just apportionment.[346]And we have seen that the Utilitarian, in the case supposed, will reasonably accept Equality as the only mode of distribution that is not arbitrary; and it may be observed that this mode of apportioning the means of happiness is likely to produce more happiness on the whole, not only because men have a disinterested aversion to unreason, but still more because they have an aversion to any kind of inferiority to others (which is much intensified when the inferiority seems unreasonable). This latter feeling is so strong that it often prevails in spite of obvious claims of desert; and it may even be sometimes expedient that it should so prevail.

For, finally, it must be observed that Utilitarianism furnishes us with a common standard to which the different elements included in the notion of Justice may be reduced. Such a standard is imperatively required: as these different elements are continually liable to conflict with each other. The issue, for example, in practical politics between Conservatives and Reformers often represents such a conflict: the question is, whether we ought to do a certain violence to expectations arising naturally out of the existing social order, with the view of bringing about a distribution of the means of happiness more in accordance with ideal justice. Here, if my analysis of the common notion of Justice be sound, the attempt to extract from it a clear decision of such an issue must necessarily fail: as the conflict is, so to say, permanently latent in the very core of Common Sense. But the Utilitarian willmerely use this notion of Justice as a guide to different kinds of utilities; and in so far as these are incompatible, he will balance one set of advantages against the other, and decide according to the preponderance.

§ 5. The duty of Truth-speaking is sometimes taken as a striking instance of a moral rule not resting on a Utilitarian basis. But a careful study of the qualifications with which the common opinion of mankind actually inculcates this duty seems to lead us to an opposite result: for not only is the general utility of truth-speaking so manifest as to need no proof, but wherever this utility seems to be absent, or outweighed by particular bad consequences, we find that Common Sense at least hesitates to enforce the rule. For example, if a man be pursuing criminal ends, it isprima facieinjurious to the community that he should be aided in his pursuit by being able to rely on the assertions of others. Here, then, deception isprima facielegitimate as a protection against crime: though when we consider the bad effects on habit, and through example, of even a single act of unveracity, the case is seen to be, on Utilitarian principles, doubtful: and this is just the view of Common Sense. Again, though it is generally a man’s interest to know the truth, there are exceptional cases in which it is injurious to him—as when an invalid hears bad news—and here, too, Common Sense is disposed to suspend the rule. Again, we found it difficult to define exactly wherein Veracity consists; for we may either require truth in the spoken words, or in the inferences which the speaker foresees will be drawn from them, or in both. Perfect Candour, no doubt, would require it in both: but in the various circumstances where this seems inexpedient, we often find Common Sense at least half-willing to dispense with one or other part of the double obligation. Thus we found a respectable school of thinkers maintaining that a religious truth may properly be communicated by means of a historical fiction: and, on the other hand, the unsuitability of perfect frankness to our existing social relations is recognised in the common rules of politeness, which impose on us not unfrequently the necessity of suppressing truths and suggesting falsehoods. I would not say that in any of these cases Common Sense pronounces quite decidedly in favour of unveracity: but then neither isUtilitarianism decided, as the utility of maintaining a general habit of truth-speaking is so great, that it is not easy to prove it to be clearly outweighed by even strong special reasons for violating the rule.

Yet it may be worth while to point out how the different views as to the legitimacy of Malevolent impulses, out of which we found it hard to frame a consistent doctrine for Common Sense, exactly correspond to different forecasts of the consequences of gratifying such impulses.Prima facie, the desire to injure any one in particular is inconsistent with a deliberate purpose of benefiting as much as possible people in general; accordingly, we find that what I may call Superficial Common Sense passes a sweeping condemnation on such desires. But a study of the actual facts of society shows that resentment plays an important part in that repression of injuries which is necessary to social wellbeing; accordingly, the reflective moralist shrinks from excluding it altogether. It is evident, however, that personal ill-will is a very dangerous means to the general happiness: for its direct end is the exact opposite of happiness; and though the realisation of this end may in certain cases be the least of two evils, still the impulse if encouraged is likely to prompt to the infliction of pain beyond the limits of just punishment, and to have an injurious reaction on the character of the angry person. Accordingly, the moralist is disposed to prescribe that indignation be directed always against acts, and not against persons; and if indignation so restricted would be efficient in repressing injuries, this would seem to be the state of mind most conducive to the general happiness. But it is doubtful whether average human nature is capable of maintaining this distinction, and whether, if it could be maintained, the more refined aversion would by itself be sufficiently efficacious: accordingly, Common Sense hesitates to condemn personal ill-will against wrong-doers—even if it includes a desire of malevolent satisfaction.

Finally, it is easy to show that Temperance, Self-control, and what are called the Self-regarding virtues generally, are ‘useful’ to the individual who possesses them: and if it is not quite clear, in the view of Common Sense, to what end that regulation and government of appetites and passions, which moralists have so much inculcated and admired, is tobe directed; at least there seems no obstacle in the way of our defining this end as Happiness. And even in the ascetic extreme of Self-control, which has sometimes led to the repudiation of sensual pleasures as radically bad, we may trace an unconscious Utilitarianism. For the ascetic condemnation has always been chiefly directed against those pleasures, in respect of which men are especially liable to commit excesses dangerous to health; and free indulgence in which, even when it keeps clear of injury to health, is thought to interfere with the development of other faculties and susceptibilities which are important sources of happiness.

§ 6. An apparent exception to this statement may seem to be constituted in the case of the sexual appetite, by the regulation prescribed under the notion of Purity or Chastity. And there is no doubt that under this head we find condemned, with special vehemence and severity, acts of which the immediate effect is pleasure not obviously outweighed by subsequent pain. But a closer examination of this exception transforms it into an important contribution to the present argument: as it shows a specially complex and delicate correspondence between moral sentiments and social utilities.

In the first place, the peculiar intensity and delicacy of the moral sentiments that govern the relations of the sexes are thoroughly justified by the vast importance to society of the end to which they are obviously a means,—the maintenance, namely, of the permanent unions which are held to be necessary for the proper rearing and training of children. Hence the first and fundamental rule in this department is that which directly secures conjugal fidelity: and the utilitarian grounds for protecting marriage indirectly, by condemning all extra-nuptial intercourse of the sexes, are obvious: for to remove the moral censure that rests on such intercourse would seriously diminish men’s motives for incurring the restraints and burdens which marriage entails; and the youth of both sexes would form habits of feeling and conduct tending to unfit them for marriage; and, if such intercourse were fertile, it would be attended with that imperfect care of the succeeding generation, which it seems the object of permanent unions to prevent; while if it were sterile, the future of the human race would, as far as we can see, be still more profoundly imperilled.

But, further, it is only on Utilitarian principles that we can account for the anomalous difference which the morality of Common Sense has always made between the two sexes as regards the simple offence of unchastity. For the offence is commonly more deliberate in the man, who has the additional guilt of soliciting and persuading the woman; in the latter, again, it is far more often prompted by some motive that we rank higher than mere lust: so that, according to the ordinary canons of intuitional morality, it ought to be more severely condemned in the man. The actual inversion of this result can only be justified by taking into account the greater interest that society has in maintaining a high standard of female chastity. For the degradation of this standard must strike at the root of family life, by impairing men’s security in the exercise of their parental affections: but there is no corresponding consequence of male unchastity, which may therefore prevail to a considerable extent without imperilling the very existence of the family, though it impairs its wellbeing.

At the same time, the condemnation of unchastity in men by the common moral sense of Christian countries at the present day, is sufficiently clear and explicit: though we recognise the existence of a laxer code—the morality, as it is called, of ‘the world’—which treats it as indifferent, or very venial. But the very difference between the two codes gives a kind of support to the present argument; as it corresponds to easily explained differences of insight into the consequences of maintaining certain moral sanctions. For partly, it is thought by ‘men of the world’ that men cannot practically be restrained from sexual indulgence, at least at the period of life when the passions are strongest: and hence that it is expedient to tolerate such kind and degree of illicit sexual intercourse as is not directly dangerous to the wellbeing of families. Partly, again, it is maintained by some, in bolder antagonism to Common Sense, that the existence of a certain limited amount of such intercourse (with a special class of women, carefully separated, as at present, from the rest of society) is scarcely a real evil, and may even be a positive gain in respect of general happiness; for continence is perhaps somewhat dangerous to health, and in any case involves a loss of pleasure considerable in intensity; while at the same time the maintenance of as numerous apopulation as is desirable in an old society does not require that more than a certain proportion of the women in each generation should become mothers of families; and if some of the surplus make it their profession to enter into casual and temporary sexual relations with men, there is no necessity that their lives should compare disadvantageously in respect of happiness with those of other women in the less favoured classes of society.

This view has perhaps a superficial plausibility: but it ignores the essential fact that it is only by the present severe enforcement against unchaste women of the penalties of social contempt and exclusion, resting on moral disapprobation, that the class of courtesans is kept sufficiently separate from the rest of female society to prevent the contagion of unchastity from spreading; and that the illicit intercourse of the sexes is restrained within such limits as not to interfere materially with the due development of the race. This consideration is sufficient to decide a Utilitarian to support generally the established rule against this kind of conduct, and therefore to condemn violations of the rule as on the whole infelicific, even though they may perhaps appear to have this quality only in consequence of the moral censure attached to them.[347]Further, the ‘man of the world’ ignores the vast importance to the human race of maintaining that higher type of sexual relations which is not, generally speaking, possible, except where a high value is set upon chastity in both sexes. From this point of view the Virtue of Purity may be regarded as providing a necessary shelter under which that intense and elevated affection between the sexes, which is most conducive both to the happiness of the individual and to the wellbeing of the family, may grow and flourish.

And in this way we are able to explain what must have perplexed many reflective minds in contemplating the common-sense regulation of conduct under the head of Purity: viz. that on the one hand the sentiment that supports these rules is very intense, so that the subjective difference between right and wrong in this department is marked with peculiar strength:while on the other hand it is found impossible to give a clear definition of the conduct condemned under this notion. For the impulse to be restrained is so powerful and so sensitive to stimulants of all kinds, that, in order that the sentiment of purity may adequately perform its protective function, it is required to be very keen and vivid; and the aversion to impurity must extend far beyond the acts that primarily need to be prohibited, and include in its scope everything (in dress, language, social customs, etc.) which may tend to excite lascivious ideas. At the same time it is not necessary that the line between right and wrong in such matters should be drawn with theoretical precision: it is sufficient for practical purposes if the main central portion of the region of duty be strongly illuminated, while the margin is left somewhat obscure. And, in fact, the detailed regulations which it is important to society to maintain depend so much upon habit and association of ideas, that they must vary to a great extent from age to age and from country to country.

§ 7. The preceding survey has supplied us with several illustrations of the manner in which Utilitarianism is normally introduced as a method for deciding between different conflicting claims, in cases where common sense leaves their relative importance obscure,—as (e.g.) between the different duties of the affections, and the different principles which analysis shows to be involved in our common conception of Justice—: and we have also noticed how, when a dispute is raised as to the precise scope and definition of any current moral rule, the effects of different acceptations of the rule on general happiness or social wellbeing are commonly regarded as the ultimate grounds on which the dispute is to be decided. In fact these two arguments practically run into one; for it is generally a conflict between maxims that impresses men with the need of giving each a precise definition. It may be urged that the consequences to which reference is commonly made in such cases are rather effects on ‘social wellbeing’ than on ‘general happiness’ as understood by Utilitarians; and that the two notions ought not to be identified. I grant this: but in the last chapter of the preceding Book I have tried to show that Common Sense is unconsciously utilitarian in its practical determination of those very elements in the notion of UltimateGood or Wellbeing which at first sight least admit of a hedonistic interpretation. We may now observe that this hypothesis of ‘Unconscious Utilitarianism’ explains the different relative importance attached to particular virtues by different classes of human beings, and the different emphasis with which the same virtue is inculcated on these different classes by mankind generally. For such differences ordinarily correspond to variations—real or apparent—in the Utilitarian importance of the virtues under different circumstances. Thus we have noticed the greater stress laid on chastity in women than in men: courage, on the other hand, is more valued in the latter, as they are more called upon to cope energetically with sudden and severe dangers. And for similar reasons a soldier is expected to show a higher degree of courage than (e.g.) a priest. Again, though we esteem candour and scrupulous sincerity in most persons, we scarcely look for them in a diplomatist who has to conceal secrets, nor do we expect that a tradesman in describing his goods should frankly point out their defects to his customers.

Finally, when we compare the different moral codes of different ages and countries, we see that the discrepancies among them correspond, at least to a great extent, to differences either in the actual effects of actions on happiness, or in the extent to which such effects are generally foreseen—or regarded as important—by the men among whom the codes are maintained. Several instances of this have already been noticed: and the general fact, which has been much dwelt upon by Utilitarian writers, is also admitted and even emphasised by their opponents. Thus Dugald Stewart[348]lays stress on the extent to which the moral judgments of mankind have been modified by “the diversity in their physical circumstances,” the “unequal degrees of civilisation which they have attained,” and “their unequal measures of knowledge or of capacity.” He points out, for instance, that theft is regarded as a very venial offence in the South Sea Islanders, because little or no labour is there required to support life; that the lending of money for interest is commonly reprehended in societies where commerce is imperfectly developed, because the ‘usurer’ in such communities is commonly in the odious position of wringing a gain out ofthe hard necessities of his fellows; and that where the legal arrangements for punishing crime are imperfect, private murder is either justified or regarded very leniently. Many other examples might be added to these if it were needful. But I conceive that few persons who have studied the subject will deny that there is a certain degree of correlation between the variations in the moral code from age to age, and the variations in the real or perceived effects on general happiness of actions prescribed or forbidden by the code. And in proportion as the apprehension of consequences becomes more comprehensive and exact, we may trace not only change in the moral code handed down from age to age, but progress in the direction of a closer approximation to a perfectly enlightened Utilitarianism. Only we must distinctly notice another important factor in the progress, which Stewart has not mentioned: the extension, namely, of the capacity for sympathy in an average member of the community. The imperfection of earlier moral codes is at least as much due to defectiveness of sympathy as of intelligence; often, no doubt, the ruder man did not perceive the effects of his conduct on others; but often, again, he perceived them more or less, but felt little or no concern about them. Thus it happens that changes in the conscience of a community often correspond to changes in the extent and degree of the sensitiveness of an average member of it to the feelings of others. Of this the moral development historically worked out under the influence of Christianity affords familiar illustrations.[349]

I am not maintaining that this correlation between the development of current morality and the changes in the consequences of conduct as sympathetically forecast, is perfect and exact. On the contrary,—as I shall have occasion to point out in the next chapter—the history of morality shows us many evidences of what, from the Utilitarian point of view, appear to be partial aberrations of the moral sense. But even in these instanceswe can often discover a germ of unconscious Utilitarianism; the aberration is often only an exaggeration of an obviously useful sentiment, or the extension of it by mistaken analogy to cases to which it does not properly apply, or perhaps the survival of a sentiment which once was useful but has now ceased to be so.

Further, it must be observed that I have carefully abstained from asserting that the perception of the rightness of any kind of conduct has always—or even ordinarily—been derived by conscious inference from a perception of consequent advantages. This hypothesis is naturally suggested by such a survey as the preceding; but the evidence of history hardly seems to me to support it: since, as we retrace the development of ethical thought, the Utilitarian basis of current morality, which I have endeavoured to exhibit in the present chapter, seems to be rather less than more distinctly apprehended by the common moral consciousness. Thus (e.g.) Aristotle sees that the sphere of the Virtue of Courage (ἀνδρεία), as recognised by the Common Sense of Greece, is restricted to dangers in war: and we can now explain this limitation by a reference to the utilitarian importance of this kind of courage, at a period of history when the individual’s happiness was bound up more completely than it now is with the welfare of his state, while the very existence of the latter was more frequently imperilled by hostile invasions: but this explanation lies quite beyond the range of Aristotle’s own reflection. The origin of our moral notions and sentiments lies hid in those obscure regions of hypothetical history where conjecture has free scope: but we do not find that, as our retrospect approaches the borders of this realm, the conscious connexion in men’s minds between accepted moral rules and foreseen effects on general happiness becomes more clearly traceable. The admiration felt by early man for beauties or excellences of character seems to have been as direct and unreflective as his admiration of any other beauty: and the stringency of law and custom in primitive times presents itself as sanctioned by the evils which divine displeasure will supernaturally inflict on their violators, rather than by even a rude and vague forecast of the natural bad consequences of non-observance. It is therefore not as the mode of regulating conduct with which mankind began, but rather as that to which we can now see that human development has been always tending, as theadult and not the germinal form of Morality, that Utilitarianism may most reasonably claim the acceptance of Common Sense.

[350]If we consider the relation of Ethics to Politics from a Utilitarian point of view, the question, what rules of conduct for the governed should be fixed by legislators and applied by judges, will be determined by the same kind of forecast of consequences as will be used in settling all questions of private morality: we shall endeavour to estimate and balance against each other the effects of such rules on the general happiness. In so far, however, as we divide the Utilitarian theory of private conduct from that of legislation, and ask which is prior, the answer would seem to be different in respect of different parts of the legal code.

1. To a great extent the rules laid down in a utilitarian code of law will be such as any man sincerely desirous of promoting the general happiness would generally endeavour to observe, even if they were not legally binding. Of this kind is the rule of not inflicting any bodily harm or gratuitous annoyance on any one, except in self-defence or as retribution for wrong; the rule of not interfering with another’s pursuit of the means of happiness, or with his enjoyment of wealth acquired by his own labour or the free consent of others; the rule of fulfilling all engagements freely entered into with any one,—at any rate unless the fulfilment were harmful to others, or much more harmful to oneself than beneficial to him, or unless there were good grounds for supposing that the other party would not perform his share of a bilateral contract—; and the rule of supporting one’s children while helpless, and one’s parents if decrepit, and of educating one’s children suitably to their future life. As regards such rules as these, Utilitarian Ethics seems independent of Politics, and naturally prior to it; we first consider what conduct is right for private individuals, and then to how much of this they can advantageously be compelled by legal penalties.

2. There are other rules again which it is clearly for the general happiness to observe, if only their observance is enforced on others;e.g.abstinence from personal retaliation of injuries, and a more general and unhesitating fulfilment of contracts than would perhaps be expedient if they were not legally enforced.

3. But again, in the complete determination of the mutual claims of members of society to services and forbearances, there are many points on which the utilitarian theory of right private conduct apart from law would lead to a considerable variety of conclusions, from the great difference in the force of the relevant considerations under different circumstances; while at the same time uniformity is either indispensable, to prevent disputes and disappointments, or at least highly desirable, in order to maintain effectively such rules of conduct as aregenerally—though notuniversally—expedient. Under this head would come the exacter definition of the limits of appropriation,—e.g.as regards property in literary compositions and technical inventions,—and a large part of the law of inheritance, and of the law regulating the family relations. In such cases, in so far as they are capable of being theoretically determined, Utilitarian Ethics seems to blend with Utilitarian Politics in a rather complicated way; since we cannot determine the right conduct for a private individual in any particular case, without first considering what rule (if any) it would be on the whole expedient to maintain, in the society of which he is a member, by legal penalties, as well as by the weaker and less definite sanctions of moral opinion. This problem, moreover, in any concrete case is necessarily further complicated by the consideration of the delicate mutual relations of Positive Law and Positive Morality—as we may call the actual moral opinions generally held in a given society at a given time. For on the one hand it is dangerous in legislation to advance beyond Positive Morality, by prohibiting actions (or inactions) that are generally approved or tolerated; on the other hand, up to the point at which this danger becomes serious, legislation is a most effective instrument for modifying or intensifying public opinion, in the direction in which it is desirable that it should progress. Leaving this difficult question of social dynamics, we may say that normallyin a well-organised society the most important and indispensable rules of social behaviour will be legally enforced and the less important left to be maintained by Positive Morality. Law will constitute, as it were, the skeleton of social order, clothed upon by the flesh and blood of Morality.

§ 1. If the view maintained in the preceding chapter as to the general Utilitarian basis of the Morality of Common Sense may be regarded as sufficiently established, we are now in a position to consider more closely to what method of determining right conduct the acceptance of Utilitarianism will practically lead. The most obvious method, of course, is that of Empirical Hedonism, discussed in Book ii. chap.iii.; according to which we have in each case to compare all the pleasures and pains that can be foreseen as probable results of the different alternatives of conduct presented to us, and to adopt the alternative which seems likely to lead to the greatest happiness on the whole.

In Book ii., however, it appeared that even the more restricted application of this method, which we there had to consider, was involved in much perplexity and uncertainty. Even when an individual is only occupied in forecasting his own pleasures, it seems difficult or impossible for him to avoid errors of considerable magnitude; whether in accurately comparing the pleasantness of his own past feelings, as represented in memory, or in appropriating the experience of others, or in arguing from the past to the future. And these difficulties are obviously much increased when we have to take into account all the effects of our actions on all the sentient beings who may be affected by them. At the same time, in Book ii. we could not find any satisfactory substitute for this method of empirical comparison. It did not appear reasonable to take refuge in the uncriticised beliefs of men in general as to the sources of happiness: indeed, it seemed impossible to extract anyadequately clear and definiteconsensusof opinion from the confused and varying utterances of Common Sense on this subject. Nor again could it be shown that the individual would be more likely to attain the greatest happiness open to him by practically confining his efforts to the realisation of any scientifically ascertainable physical or psychical conditions of happiness: nor did it seem possible to infer on empirical grounds that the desired result would be secured by conformity to the accepted principles of morality. But when we consider these latter in relation, not to the happiness of the individual, but to that of human (or sentient) beings generally, it is clear from the preceding chapter that the question of harmony between Hedonism and Intuitionism presentsprima faciean entirely different aspect. Indeed from the considerations that we have just surveyed it is but a short and easy step to the conclusion that in the Morality of Common Sense we have ready to hand a body of Utilitarian doctrine; that the “rules of morality for the multitude” are to be regarded as “positive beliefs of mankind as to the effects of actions on their happiness,”[351]so that the apparent first principles of Common Sense may be accepted as the “middle axioms” of Utilitarian method; direct reference being only made to utilitarian considerations, in order to settle points upon which the verdict of Common Sense is found to be obscure and conflicting. On this view the traditional controversy between the advocates of Virtue and the advocates of Happiness would seem to be at length harmoniously settled.

And the arguments for this view which have been already put forward certainly receive support from the hypothesis, now widely accepted, that the moral sentiments are ultimately derived, by a complex and gradual process, from experiences of pleasure and pain. The hypothesis, in a summary form, would seem to be this; (1) in the experience of each member of the human community the pain or alarm caused to him by actions of himself and of others tends by association to excite in him a dislike of such actions, and a similar though feebler effect is produced by his perception of pain or danger causedto others with whom he is connected by blood, or by community of interest, or any special tie of sympathy: (2) experience also tends more indirectly to produce in him sentiments restraining him from actions painful or alarming to others, through his dread of their resentment and its consequences,—especially dread of his chief’s anger, and, where religious influence has become strong, of the anger of supernatural beings: (3) with these latter feelings blends a sympathetic aversion to the pain of other men generally, which—at first comparatively feeble—tends to grow in force as morality develops. In the same way experiences of pleasure and gratitude, and desire of the goodwill of others and its consequences, tend to produce liking for actions that are perceived to cause pleasure to self or to others. The similar aversions and likings that are thus produced in the majority of the members of any society, through the general similarity of their natures and conditions, tend to become more similar through communication and imitation,—the desire of each to retain the goodwill of others operating to repress individual divergencies. Thus common likings for conduct that affects pleasurably the community generally or some part of it, and common dislikes for conduct causing pain and alarm, come to be gradually developed; they are transmitted from generation to generation, partly perhaps by physical inheritance, but chiefly by tradition from parents to children, and imitation of adults by the young; in this way their origin becomes obscured, and they finally appear as what are called the moral sentiments. This theory does not, in my view, account adequately for the actual results of the faculty of moral judgment and reasoning, so far as I can examine them by reflection on my own moral consciousness: for this, as I have before said, does not yield any apparent intuitions that stand the test of rigorous examination except such as, from their abstract and general character, have no cognisable relation to particular experiences of any kind.[352]But that the theory gives a partially true explanation of the historical origin of particular moral sentiments and habits and commonly accepted rules, I see no reason to doubt; and thus regarded it seems to supplementthe arguments of the preceding chapter that tend to exhibit the morality of common sense as unconsciously or ‘instinctively’ utilitarian.

But it is one thing to hold that the current morality expresses, partly consciously but to a larger extent unconsciously, the results of human experience as to the effects of actions: it is quite another thing to accept this moralityen bloc, so far as it is clear and definite, as the best guidance we can get to the attainment of maximum general happiness. However attractive this simple reconciliation of Intuitional and Utilitarian methods may be, it is not, I think, really warranted by the evidence. In the first place, I hold that in a complete view of the development of the moral sense a more prominent place should be given to the effect of sympathy with the impulses that prompt to actions, as well as with the feelings that result from them. It may be observed that Adam Smith[353]assigns to this operation of sympathy,—the echo (as it were) of each agent’s passion in the breast of unconcerned spectators,—the first place in determining our approval and disapproval of actions[354]; sympathy with the effect of conduct on others he treats as a merely secondary factor, correcting and qualifying the former. Without going so far as this, I think that there are certainly many cases where the resulting moral consciousness would seem to indicate a balance or compromise between the two kinds of sympathy; and the compromise may easily be many degrees removed from the rule which Utilitarianism would prescribe. For though the passions and other active impulses are doubtless themselves influenced, no less than the moral sentiments, by experiences of pleasure and pain; stillthis influence is not sufficient to make them at all trustworthy guides to general, any more than to individual, happiness—as some of our moral sentiments themselves emphatically announce. But even if we consider our common moral sentiments as entirely due—directly or indirectly—to the accumulated and transmitted experiences of primary and sympathetic pains and pleasures; it is obvious that the degree of accuracy with which sentiments thus produced will guide us to the promotion of general happiness must largely depend upon the degree of accuracy with which the whole sum of pleasurable and painful consequences, resulting from any course of action, has been represented in the consciousness of an average member of the community. And it is seen at a glance that this representation has always been liable to errors of great magnitude, from causes that were partly noticed in the previous chapter, when we were considering the progress of morality. We have to allow, first, for limitation of sympathy; since in every age and country the sympathy of an average man with other sentient beings, and even his egoistic regard for their likings and aversions, has been much more limited than the influence of his actions on the feelings of others. We must allow further for limitation of intelligence: for in all ages ordinary men have had a very inadequate knowledge of natural sequences; so that such indirect consequences of conduct as have been felt have been frequently traced to wrong causes, and been met by wrong moral remedies, owing to imperfect apprehension of the relation of means to ends. Again, where the habit of obedience to authority and respect for rank has become strong, we must allow for the possibly perverting influence of a desire to win the favour or avert the anger of superiors. And similarly we must allow again for the influences of false religions; and also for the possibility that the sensibilities of religious teachers have influenced the code of duty accepted by their followers, in points where these sensibilities were not normal and representative, but exceptional and idiosyncratic.[355]

On the other hand, we must suppose that these deflecting influences have been more or less limited and counteracted by the struggle for existence in past ages among different human races and communities; since, so far as any moral habit or sentiment was unfavourable to the preservation of the social organism, it would be a disadvantage in the struggle for existence, and would therefore tend to perish with the community that adhered to it. But we have no reason to suppose that this force would be adequate to keep positive morality always in conformity with a Utilitarian ideal. For (1) imperfect morality would be only one disadvantage among many, and not, I conceive, the most important, unless the imperfection were extreme,—especially in the earlier stages of social and moral development, in which the struggle for existence was most operative: and (2) a morality perfectly preservative of a human community might still be imperfectly felicific, and so require considerable improvement from a Utilitarian point of view.[356]Further, analogy would lead us to expect that however completely adapted the moral instincts of a community may be at some particular time to its conditions of existence, any rapid change of circumstances would tend to derange the adaptation, from survival of instincts formerly useful, which through this change become useless or pernicious. And indeed, apart from any apparent changes in external circumstances, it might result from the operation of some law of human development, that the most completely organised experience of human happiness in the past would guide us but imperfectly to the right means of making it a maximum in the future. For example, a slight decrease in the average strength of some common impulse might render the traditional rules and sentiments, that regulate this impulse, infelicific on the whole. And if, when we turn from these abstract considerations to history, and examine the actual morality of other ages and countries, we undoubtedly find that, considered as an instrument for producing general happiness, it continually seems to exhibit palpable imperfections,—there is surely a strong presumption that there are similar imperfections to be discovered in our own moralcode, though habit and familiarity prevent them from being obvious.

Finally, we must not overlook the fact that the divergences which we find when we compare the moralities of different ages and countries, exist to some extent side by side in the morality of any one society at any given time. It has already been observed that whenever divergent opinions are entertained by a minority so large, that we cannot fairly regard the dogma of the majority as the plain utterance of Common Sense, an appeal is necessarily made to some higher principle, and very commonly to Utilitarianism. But a smaller minority than this, particularly if composed of persons of enlightenment and special acquaintance with the effects of the conduct judged, may reasonably inspire us with distrust of Common Sense: just as in the more technical parts of practice we prefer the judgment of a few trained experts to the instincts of the vulgar. Yet again, a contemplation of these divergent codes and their relation to the different circumstances in which men live, suggests that Common-Sense morality is really only adapted for ordinary men in ordinary circumstances—although it may still be expedient that these ordinary persons should regard it as absolutely and universally prescribed, since any other view of it may dangerously weaken its hold over their minds. So far as this is the case we must use the Utilitarian method to ascertain how far persons in special circumstances require a morality more specially adapted to them than Common Sense is willing to concede: and also how far men of peculiar physical or mental constitution ought to be exempted from ordinary rules, as has sometimes been claimed for men of genius, or men of intensely emotional nature, or men gifted with more than usual prudence and self-control.

Further, it is important to notice, that besides the large amount of divergence that exists between the moral instincts of different classes and individuals, there is often a palpable discrepancy between the moral instincts of any class or individual, and such Utilitarian reasonings as their untrained intellects are in the habit of conducting. There are many things in conduct which many people think right but not expedient, or at least which they would not think expedient if they had not first judged them to be right; in so far as they reason fromexperience only, their conclusions as to what conduces to the general happiness are opposed to their moral intuitions. It may be said that this results generally from a hasty and superficial consideration of expediency; and that the discrepancy would disappear after a deeper and completer examination of the consequences of actions. And I do not deny that this would often turn out to be the case: but as we cannot tella priorihow far it would be so, this only constitutes a further argument for a comprehensive and systematic application of a purely Utilitarian method.

We must conclude, then, that we cannot take the moral rules of Common Sense as expressing theconsensusof competent judges, up to the present time, as to the kind of conduct which is likely to produce the greatest amount of happiness on the whole. It would rather seem that it is the unavoidable duty of a systematic Utilitarianism to make a thorough revision of these rules, in order to ascertain how far the causes previously enumerated (and perhaps others) have actually operated to produce a divergence between Common Sense and a perfectly Utilitarian code of morality.

§ 2. But in thus stating the problem we are assuming that the latter term of this comparison can be satisfactorily defined and sufficiently developed; that we can frame with adequate precision a system of rules, constituting the true moral code for human beings as deduced from Utilitarian principles. And this seems to have been commonly assumed by the school whose method we are now examining. But when we set ourselves in earnest to the construction of such a system, we find it beset with serious difficulties. For, passing over the uncertainties involved in hedonistic comparison generally, let us suppose that thequantumof happiness that will result from the establishment of any plan of behaviour among human beings can be ascertained with sufficient exactness for practical purposes—even when the plan is as yet constructed in imagination alone. It still has to be asked, What is the nature of the human being for whom we are to construct this hypothetical scheme of conduct? For humanity is not something that exhibits the same properties always and everywhere: whether we consider the intellect of man or his feelings, or his physical condition and circumstances, we find them so different in different agesand countries, that it seemsprima facieabsurd to lay down a set of ideal Utilitarian rules for mankind generally. It may be said that these differences after all relate chiefly to details; and that there is in any case sufficient uniformity in the nature and circumstances of human life always and everywhere to render possible an outline scheme of ideal behaviour for mankind at large. But it must be answered, that it is with details that we are now principally concerned; for the previous discussion has sufficiently shown that the conduct approved by Common Sense has ageneralresemblance to that which Utilitarianism would prescribe; but we wish to ascertain more exactly how far the resemblance extends, and with what delicacy and precision the current moral rules are adapted to the actual needs and conditions of human life.

Suppose, then, that we contract the scope of investigation, and only endeavour to ascertain the rules appropriate to men as we know them, in our own age and country. We are immediately met with a dilemma: the men whom we know are beings who accept more or less definitely a certain moral code: if we take them as they are in this respect, we can hardly at the same time conceive them as beings for whom a code is yet to be constructedde novo: if, on the other hand, we take an actual man—let us say, an average Englishman—and abstract his morality, what remains is an entity so purely hypothetical, that it is not clear what practical purpose can be served by constructing a system of moral rules for the community of such beings. Could we indeed assume that the scientific deduction of such a system would ensure its general acceptance; could we reasonably expect to convert all mankind at once to Utilitarian principles, or even all educated and reflective mankind, so that all preachers and teachers should take universal happiness as the goal of their efforts as unquestioningly as physicians take the health of the individual body; and could we be sure that men’s moral habits and sentiments would adjust themselves at once and without any waste of force to these changed rules:—then perhaps in framing the Utilitarian code we might fairly leave existing morality out of account. But I cannot think that we are warranted in making these suppositions; I think we have to take the moral habits, impulses, and tastes of men as a material given us to work upon no less than the rest oftheir nature, and as something which, as it only partly results from reasoning in the past, so can only be partially modified by any reasoning which we can now apply to it. It seems therefore clear that the solution of the hypothetical Utilitarian problem of constructing an ideal morality for men conceived to be in other respects as experience shows them to be, but with their actual morality abstracted, will not give us the result which we practically require.

It will perhaps be said, “No doubt such an ideal Utilitarian morality can only be gradually, and perhaps after all imperfectly, introduced; but still it will be useful to work it out as a pattern to which we may approximate.” But, in the first place, it may not be really possible to approximate to it: since any particular existing moral rule, though not the ideally best even for such beings as existing men under the existing circumstances, may yet be the best that they can be got to obey: so that it would be futile to propose any other, or even harmful, as it might tend to impair old moral habits without effectively replacing them by new ones. And secondly, the endeavour gradually to approximate to a morality constructed on the supposition that the non-moral part of existing human nature remains unchanged, may lead us wrong: because the state of men’s knowledge and intellectual faculties, and the range of their sympathies, and the direction and strength of their prevailing impulses, and their relations to the external world and to each other, are continually being altered, and such alteration is to some extent under our control and may be felicific in a high degree: and any material modifications in important elements and conditions of human life may require corresponding changes in established moral rules and sentiments, in order that the greatest possible happiness may be attained by the human being whose life is thus modified. In short, the construction of a Utilitarian code, regarded as an ideal towards which we are to progress, is met by a second dilemma:—The nature of man and the conditions of his life cannot usefully be assumed to be constant, unless we are confining our attention to the present or proximate future; while again, if we are considering them in the present or proximate future, we must take into account men’s actual moral habits and sentiments, as a part of their nature not materially more modifiable than the rest.

Nor, again, can I agree with Mr. Spencer[357]in thinking that it is possible to solve the problems of practical ethics by constructing the final perfect form of society, towards which the process of human history is tending; and determining the rules of mutual behaviour which ought to be, and will be, observed by the members of this perfect society. For, firstly, granting that we can conceive as possible a human community which is from a utilitarian point of view perfect; and granting also Mr. Spencer’s definition of this perfection—viz. that the voluntary actions of all the members cause “pleasure unalloyed by pain anywhere” to all who are affected by them[358]—; it still seems to me quite impossible to forecast the natures and relations of the persons composing such a community, with sufficient clearness and certainty to enable us to define even in outline their moral code. And secondly, even if it were otherwise, even if we could construct scientifically Mr. Spencer’s ideal morality, I do not think such a construction would be of much avail in solving the practical problems of actual humanity. For a society in which—to take one point only—there is no such thing as punishment, is necessarily a society with its essential structure so unlike our own, that it would be idle to attempt any close imitation of its rules of behaviour. It might possibly be best for us to conform approximately to some of these rules; but this we could only know by examining each particular rule in detail; we could have no general grounds for concluding that it would be best for us to conform to them as far as possible. For even supposing that this ideal society is ultimately to be realised, it must at any rate be separated from us by a considerable interval of evolution; hence it is not unlikely that the best way of progressing towards it will be some other than the apparently directest way, and that we shall reach it more easily if we begin by moving away from it. Whether this is so or not, and to what extent, can only be known by carefully examining the effects of conduct on actual human beings, and inferring its probable effects on the human beings whom we may expect to exist in the proximate future.

§ 3. Other thinkers of the evolutionist school suggest that the difficulties of Utilitarian method might be avoided, in a way more simple than Mr. Spencer’s, by adopting, as thepracticallyultimate end and criterion of morality, “health” or “efficiency” of the social organism, instead of happiness. This view is maintained, for instance, in Mr. Leslie Stephen’sScience of Ethics;[359]and deserves careful examination. As I understand Mr. Stephen, he means by “health” that state of the social organism which tends to its preservation under the conditions of its existence, as they are known or capable of being predicted; and he means the same by “efficiency”;—since the work for which, in his view, the social organism has to be “efficient” is simply the work of living, the function of “going on.” I say this because “efficiency” might be understood to imply some ‘task of humanity’ which the social organism has to execute, beyond the task of merely living; and similarly “health” might be taken to mean a state tending to the preservation not of existence merely, but ofdesirableexistence—desirability being interpreted in some non-hedonistic manner: and in this case an examination of either term would lead us again over the ground traversed in the discussion on Ultimate Good (in chap.xiv.of the preceding Book).[360]But I do not understand that any such implications were in Mr. Stephen’s mind; and they certainly would not be in harmony with the general drift of his argument. The question, therefore, is whether, if General Happiness be admitted to be the really ultimate end in a system of morality, it is nevertheless reasonable to take Preservation of the social organism as the practically ultimate “scientific criterion” of moral rules.

My reasons for answering this question in the negative are two-fold. In the first place I know no adequate grounds for supposing that if we aim exclusively at the preservation of the social organism we shall secure the maximum attainable happiness of its individual members: indeed, so far as I know, of two social states which equally tend to be preserved one may be indefinitely happier than the other. As has been before observed[361]a large part of the pleasures which cultivated persons value most highly—æsthetic pleasures—are derived from acts and processes that have no material tendency to preserve the individual’s life:[362]and the statement remains true if we substitute the social organism for the individual. And I may add that much refined morality is concerned with the prevention of pains which have no demonstrable tendency to the destruction of the individual or of society. Hence, while I quite admit that the maintenance of preservative habits and sentiments is the most indispensable function of utilitarian morality—and perhaps almost its sole function in the earlier stages of moral development, when to live at all was a difficult task for human communities—I do not therefore think it reasonable that we should be content with the mere securing of existence for humanity generally, and should confine our efforts to promoting the increase of this security, instead of seeking to make the secured existence more desirable.

But, secondly, I do not see on what grounds Mr. Stephen holds that the criterion of ‘tendency to the preservation of the social organism’ is necessarily capable of being applied with greater precision than that of ‘tendency to general happiness,’ even so far as the two ends are coincident: and that the former “satisfies the conditions of a scientific criterion.” I should admit that this would probably be the case, if the Sociology that we know were a science actually constructed, and not merely the sketch of a possible future science: but Mr. Stephen has himself told us that sociology at present “consists of nothing more than a collection of unverified guesses and vaguegeneralisations, disguised under a more or less pretentious apparatus of quasi-scientific terminology.” This language is stronger than I should have ventured to use; but I agree generally with the view that it expresses; and it appears to me difficult for a writer who holds this view to maintain that the conception of “social health,” regarded as a criterion and standard of right conduct, is in any important degree more “scientific” than the conception of “general happiness.”

Holding this estimate of the present condition of Sociology, I consider that, from the utilitarian point of view, there are equally decisive reasons against the adoption of any such notion as “development” of the social organism—instead of mere preservation—as the practically ultimate end and criterion of morality. On the one hand, if by “development” is meant an increase in “efficiency” or preservative qualities, this notion is only an optimistic specialisation of that just discussed (involving the—I fear—unwarranted assumption that the social organism tends to become continually more efficient); so that no fresh arguments need be urged against it. If, however, something different is meant by development—as (e.g.) a disciple of Mr. Spencer might mean an increase in “definite coherent heterogeneity,” whether or not such increase was preservative—then I know no scientific grounds for concluding that we shall best promote general happiness by concentrating our efforts on the attainment of this increase. I do not affirm it to be impossible that every increase in the definite coherent heterogeneity of a society of human beings may be accompanied or followed by an increase in the aggregate happiness of the members of the society: but I do not perceive that Mr. Spencer, or any one else, has even attempted to furnish the kind of proof which this proposition requires.[363]

To sum up: I hold that the utilitarian, in the existing state of our knowledge, cannot possibly construct a moralityde novoeither for man as he is (abstracting his morality), or for man as he ought to be and will be. He must start, speaking broadly, with the existing social order, and the existing morality as a part of that order: and in deciding the question whether any divergence from this code is to be recommended, must consider chiefly the immediate consequences of such divergence, upon a society in which such a code is conceived generally to subsist. No doubt a thoughtful and well-instructed Utilitarian may see dimly a certain way ahead, and his attitude towards existing morality may be to some extent modified by what he sees. He may discern in the future certain evils impending, which can only be effectually warded off by the adoption of new and more stringent views of duty in certain departments: while, on the other hand, he may see a prospect of social changes which will render a relaxation of other parts of the moral code expedient or inevitable. But if he keeps within the limits that separate scientific prevision from fanciful Utopian conjecture, the form of society to which his practical conclusions relate will be one varying but little from the actual, with its actually established code of moral rules and customary judgments concerning virtue and vice.

§ 1. If, then, we are to regard the morality of Common Sense as a machinery of rules, habits, and sentiments, roughly and generally but not precisely or completely adapted to the production of the greatest possible happiness for sentient beings generally; and if, on the other hand, we have to accept it as the actually established machinery for attaining this end, which we cannot replace at once by any other, but can only gradually modify; it remains to consider the practical effects of the complex and balanced relation in which a scientific Utilitarian thus seems to stand to the Positive Morality of his age and country.

Generally speaking, he will clearly conform to it, and endeavour to promote its development in others. For, though the imperfection that we find in all the actual conditions of human existence—we may even say in the universe at large as judged from a human point of view—is ultimately found even in Morality itself, in so far as this is contemplated as Positive; still, practically, we are much less concerned with correcting and improving than we are with realising and enforcing it. The Utilitarian must repudiate altogether that temper of rebellion against the established morality, as something purely external and conventional, into which the reflective mind is always apt to fall when it is first convinced that the established rules are not intrinsically reasonable. He must, of course, also repudiate as superstitious that awe of it as an absolute or Divine Code which Intuitional moralists inculcate.[364]Still, he will naturallycontemplate it with reverence and wonder, as a marvellous product of nature, the result of long centuries of growth, showing in many parts the same fine adaptation of means to complex exigencies as the most elaborate structures of physical organisms exhibit: he will handle it with respectful delicacy as a mechanism, constructed of the fluid element of opinions and dispositions, by the indispensable aid of which the actualquantumof human happiness is continually being produced; a mechanism which no ‘politicians or philosophers’ could create, yet without which the harder and coarser machinery of Positive Law could not be permanently maintained, and the life of man would become—as Hobbes forcibly expresses it—“solitary, poor, nasty, brutish, and short.”

Still, as this actual moral order is admittedly imperfect, it will be the Utilitarian’s duty to aid in improving it; just as the most orderly, law-abiding member of a modern civilised society includes the reform of laws in his conception of political duty. We have therefore to consider by what method he will ascertain the particular modifications of positive morality which it would be practically expedient to attempt to introduce, at any given time and place. Here our investigation seems, after all, to leave Empirical Hedonism as the only method ordinarily applicable for the ultimate decision of such problems—at least until the science of Sociology shall have been really constructed. I do not mean that the rudiments of Sociological knowledge which we now possess are of no practical value: for certainly changes in morality might be suggested—and have actually been proposed by persons seriously concerned to benefit their fellow-creatures—which even our present imperfect knowledge would lead us to regard as dangerous to the very existence of the social organism. But such changes for the most part involve changes in positive law as well: since most of the rules of which the observance is fundamentally important for the preservation of an organised community are either directly or indirectly maintained by legal sanctions: and it would be going too far beyond the line which, in my view, separates ethics from politics, to discuss changes of this kind in the present book. The ruleswith which we have primarily to deal, in considering the utilitarian method of determining private duty, are rules supported by merely moral sanctions; and the question of maintaining or modifying such rules concerns, for the most part, the well-being rather than the very existence of human society. The consideration of this question, therefore, from a utilitarian point of view, resolves itself into a comparison between the total amounts of pleasure and pain that may be expected to result respectively from maintaining any given rule as at present established, and from endeavouring to introduce that which is proposed in its stead. That this comparison must generally be of a rough and uncertain kind, we have already seen; and it is highly important to bear this in mind; but yet we seem unable to find any substitute for it. It is not meant, of course, that each individual is left to his own unassisted judgment in dealing with such questions: there is a mass of traditional experience, which each individual imbibes orally or from books, as to the effects of conduct upon happiness; but the great formulæ in which this experience is transmitted are, for the most part, so indefinite, the proper range of their application so uncertain, and the observation and induction on which they are founded so uncritical, that they stand in continual need of further empirical verification; especially as regards their applicability to any particular case.

It is perhaps not surprising that some thinkers[365]of the Utilitarian school should consider that the task of hedonistic calculation which is thus set before the utilitarian moralist is too extensive: and should propose to simplify it by marking off a “large sphere of individual option and self-guidance,” to which “ethical dictation” does not apply. I should quite admit that it is clearly expedient to draw a dividing line of this kind: but it appears to me that there is no simple general method of drawing it; that it can only be drawn by careful utilitarian calculation applied with varying results to the various relations and circumstances of human life. To attempt the required division by means of any such general formula as that ‘the individual is not responsible to society for that part of his conduct which concerns himself alone and others onlywith their free and undeceived consent’[366]seems to me practically futile: since, owing to the complex enlacements of interest and sympathy that connect the members of a civilised community, almost any material loss of happiness by any one individual is likely to affect some others without their consent to some not inconsiderable extent. And I do not see how it is from a utilitarian point of view justifiable to say broadly with J. S. Mill that such secondary injury to others, if merely “constructive or presumptive,” is to be disregarded in view of the advantages of allowing free development to individuality; for if the injury feared is great, and the presumption that it will occur is shown by experience to be strong, the definite risk of evil from the withdrawal of the moral sanction must, I conceive, outweigh the indefinite possibility of loss through the repression of individuality in one particular direction.[367]But further: even supposing that we could mark off the “sphere of individual option and self-guidance” by some simple and sweeping formula, still within this sphere the individual, if he wishes to guide himself reasonably on utilitarian principles, must take some account of all important effects of his actions on the happiness of others; and if he does this methodically, he must, I conceive, use the empirical method which we have examined in Book ii. And—to prevent any undue alarm at this prospect—we may observe that every sensible man is commonly supposed to determine at least a large part of his conduct by what is substantially this method; it is assumed that, within the limits which morality lays down, he will try to get as much happiness as he can for himself and for other human beings, according to the relations in which they stand to him, by combining in some way his own experience with that of other men as to the felicific and infelicific effects of actions. And it is actually in this way that each man usually deliberates (e.g.) what profession to choose for himself, or what mode of education for his children, whether to aim at marriage or remain single, whether to settle in town or country, in England or abroad, etc. No doubt there are, as we saw,[368]other ends besides Happiness, such as Knowledge, Beauty, etc., commonly recognised as unquestionably desirable, and therefore largely pursued without consideration of ulterior consequences: but when the pursuit of any of these ends involves an apparent sacrifice of happiness in other ways, the practical question whether under these circumstances such pursuit ought to be maintained or abandoned seems always decided by an application, however rough, of the method of pure empirical Hedonism.


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