Handbook of Ethical Theory | Page 6

commercial maxim that one is not bound to teach the man with whom one is dealing how to conduct his business, and the lawyer's dictum that the advocate is under no obligation to put himself in the position of the judge, obviously, will bear much stretching.
6. THE CODES OF COMMUNITIES: THE COMMON GOOD.--Nor are the facts which confront us less perplexing when we turn to that "regard to the common good" which Butler finds to be acknowledged and enforced by the primary and fundamental laws of all civil constitutions. Whether we look at the past or view the present, whether we study primitive communities or confine ourselves to civilized nations, we see that common good is not, apparently, conceived as the good of all men, however much the words "justice" and "humanity" may be upon men's lips.
Has any modern state as yet succeeded in incorporating in its civil constitution such provisions as will ensure to all classes of its subjects any considerable share in the common good? Slaves and animals, said Aristotle, have no share in happiness, nor do they live after their own choice. [Footnote: Politics, iii, 9.] The pervading unrest of the modern economic community is due to the widespread conviction that the existing organization of society does not sufficiently make for the happiness of all. Some states with a high degree of culture have not even made a pretence of having any such aim. They have deliberately legislated for the few. [Footnote: The "citizens" of the ancient Greek state were a privileged class who legislated in their own interest. Let the reader look into Plato's Laws and Aristotle's Politics and see how inconceivable the cultivated Greek found what is now the ideal of a modern democracy. "Citizens" should own landed property, and work it by slaves, barbarians and servants. They should not be "ignoble" mechanics or petty traders. Compare the spirit of Froissart's Chronicles, in the Middle Ages. See what Bryce (South America, New York, 1918, chapters xi and xv) says about the position of the Negro in our Southern states, and of the Indians in South American republics.]
Even where the avowed aim is the common good of all, states have assumed that some must be sacrificed for others. Certain individuals are selected to die in the trenches in the face of the enemy, that others may be guaranteed liberty and the pursuit of happiness. Grotius, the famous jurist of the seventeenth century, has been criticized for holding that a beleaguered town might justly deliver up to the enemy a small number of its citizens in order to purchase immunity for the rest. How far do the cases differ in principle? "Among persons variously endowed," wrote Hegel, "inequality must occur, and equality would be wrong." [Footnote: Hegel, The Philosophy of Right, translated by Dyde, London, 1896, p. 56.] Commonwealths of many degrees of development have recognized inequalities of many sorts, and have treated their subjects accordingly.
"For diet," said Bentham with repellent frankness, "nothing but self- regarding affection will serve." Benevolence he considered a valuable addition "for a dessert." He had in mind the individual, and he did injustice to individuals in certain of their relations. But how do things look when we turn our attention to the relations between states? Does any state actually make it a practice to treat its neighbor as itself? Would its citizens approve of its doing so?
The Roman was compelled to formulate a jus gentium, a law of nations, to deal with those who held, to him, a place beyond the pale of law as he knew it. [Footnote: See SIR HENRY MAINE, Ancient Law, chapter iii.] Many centuries have elapsed since pagan philosophers taught the brotherhood of man, and since Christian divines began to preach it with passionate fervor. Yet civilized nations today are still seeking to find a modus vivendi, which may put an end to strife and enable them to live together. The jus gentium, or its modern equivalent, is, alas! still in its rudiments.
To obviate misunderstanding at this point, it is well to state that, in adducing all the above facts, I do not mean to argue that it is abnormal and an undesirable thing that the scales of justice should, at times, be weighted in divers ways. I am not maintaining that the distribution of common good should proceed upon the principle of strict impartiality. What is possible and is desirable in this field is not something to be decided off-hand. But the facts suffice to illustrate the truth that the discrepancies to be found in the codes of different communities can scarcely be dismissed as unimportant details. They are something far too significant for that.


CHAPTER III
THE CODES OF THE MORALISTS
7. THE MORALISTS.--If, from the codes, or the more or less vague bodies of opinion, which have