Institution that issues Rules of this class, and inflicts punishment when they are not complied with, is termed Government, or Authority; all its rules are authoritative, or obligatory; they are Laws strictly so called, Laws proper. Punishment, Government, Authority, Superiority, Obligation, Law, Duty,—define each other; they are all different modes of regarding the same fact.

Morality is thus in every respect analagous to Civil Government, or the Law of the Land. Nay, farther, it squares, to a very great extent, with Political Authority. The points where the two coincide, and those where they do not coincide, may be briefly stated:—

(1) All the most essential parts of Morality are adopted and carried out by the Law of the Land. The rules for protecting person and property, for fulfilling contracts, for performing reciprocal duties, are rules or laws of the State; and are enforced by the State, through its own machinery. The penalties inflicted by public authority constitute what is called the Political Sanction; they are the most severe, and the most strictly and dispassionately administered, of all penalties.

(2) There are certain Moral duties enforced, not by public and official authority, but by the members of the community in their private capacity. These are sometimes called the Laws of Honour, because they are punished by withdrawing from the violator the honour or esteem of his fellow-citizens. Courage, Prudence as regards self, Chastity, Orthodoxy of opinion, a certain conformity in Tastes and Usages,—are all prescribed by the mass of each community, to a greater or less extent, and are insisted on under penalty of social disgrace and excommunication. This is the Social or the Popular Sanction. The department so marked out, being distinct from the Political sphere, is called, by Austin, Positive Morality, or Morality proper.

Public opinion also chimes in with the Law, and adds its own sanction to the legal penalties for offences: unless the law happens to be in conflict with the popular sentiment. Criminals, condemned by the law, are additionally punished by social disgrace.

(3) The Law of the Land contains many enactments, besides the Moral Code and the machinery for executing it. The Province of government passes beyond the properly protective function, and includes many institutions of public convenience, which are not identified with right and wrong. The defence from external enemies; the erection of works of public utility; the promotion of social improvements,—are all within the domain of the public authority.[1]

II.—The second class of Rules are supported, not by penalties, but by Rewards. Society, instead of punishing men for not being charitable or benevolent, praises and otherwise rewards them, when they are so. Hence, although Morality inculcates benevolence, this is not a Law proper, it is not obligatory, authoritative, or binding; it is purely voluntary, and is termed merit, virtuous and noble conduct.

In this department, the members of the community, in their unofficial capacity, are the chief agents and administrators. The Law of the Land occupies itself with the enforcement of its own obligatory rules, having at its command a perfect machinery of punishment. Private individuals administer praise, honour, esteem, approbation, and reward. In a few instances, the Government dispenses rewards, as in the bestowal of office, rank, titles, and pensions, but this function is exceptional and limited.

The conduct rewarded by Society is chiefly resolvable into Beneficence. Whoever is moved to incur sacrifices, or to go through labours, for the good of others, is the object, not merely of gratitude from the persons benefited, but of approbation from society at large.

Any remarkable strictness or fidelity in the discharge of duties properly so called, receives general esteem. Even in matters merely ceremonial, if importance be attached to them, sedulous and exact compliance, being the distinction of the few, will earn the approbation of the many.[2]

5. The Ethical End, or Morality, as it has been, is founded partly on Well-being, or Utility: and partly on Sentiment.

The portions of Morality, having in view the prevention of human misery and the promotion of human happiness, are known and obvious. They are not the whole of Morality as it has been.

Sentiment, caprice, arbitrary liking or disliking, are names for states of feeling that do not necessarily arise from their objects, but may be joined or disjoined by education, custom, or the power of the will. The revulsion of mind, on the part of the Jews, against eating the pig, and on our own part, as regards horse flesh, is not a primitive or natural sensibility, like the pain of hunger, or of cold, or of a musical discord; it is purely artificial; custom has made it, and could unmake it. The feeling of fatigue from overwork is natural; the repugnance of caste to manual labour is factitious. The dignity attached to the military profession, and the indignity of the office of public executioner, are capricious, arbitrary, and sentimental. Our prospective regard to the comforts of our declining years points to a real interest; our feelings as to the disposal of the body after death are purely factitious and sentimental. Such feelings are of the things in our own power; and the grand mistake of the Stoics was their viewing all good and evil whatever in the same light.

It is an essential part of human liberty, to permit each person to form and to indulge these sentiments or caprices; although a good education should control them with a view to our happiness on the whole. But, when any individual liking or fancy of this description is imposed as a law upon the entire community, it is a perversion and abuse of power, a confounding of the Ethical end by foreign admixtures. Thus, to enjoin authoritatively one mode of sepulture, punishing all deviations from that, could have nothing to do with the preservation of the order of society. In such a matter, the interference of the state in modern times, has regard to the detection of crime in the matter of life and death, and to the evils arising from the putrescence of the dead.

6. The Ethical End, although properly confined to Utility, is subject to still farther limitations, according to the view taken of the Province of Moral Government, or Authority.

Although nothing should be made morally obligatory but what is generally useful, the converse does not hold; many kinds of conduct are generally useful, but not morally obligatory. A certain amount of bodily exercise in the open air every day would be generally useful; but neither the law of the land nor public opinion compels it. Good roads are works of great utility; it is not every one's duty to make them.

The machinery of coercion is not brought to bear upon every conceivable utility. It is principally reserved, when not abused, for a select class of utilities.

Some utilities are indispensable to the very existence of men in society. The primary moral duties must be observed to some degree, if men are to live together as men, and not to roam at large as beasts. The interests of Security are the first and most pressing concern of human society. Whatever relates to this has a surpassing importance. Security is contrasted with Improvement; what relates to Security is declared to be Right; what relates to Improvement is said to be Expedient; both are forms of Utility, but the one is pressing and indispensable, the other is optional. The same difference is expressed by the contrasts—Being and Well-being; Existence and Prosperous Existence; Fundamentals or Essentials and Circumstantials. That the highway robber should be punished is a part of Being; that the highways should be in good repair, is a part of Well-being.