principles actually work under new conditions, and not to modify them so that they will be more effectual instruments in judging new cases. Many men are now aware of the harm done in legal matters by assuming the antecedent existence of fixed principles under which every new case may be brought. They recognize that this assumption merely puts an artificial premium on ideas developed under bygone conditions, and that their perpetuation in the present works inequity. Yet the choice is not between throwing away rules previously developed and sticking obstinately by them. The intelligent alternative is to revise, adapt, expand and alter them. The problem is one of continuous, vital readaptation.

The popular objection to casuistry is similar to the popular objection to the maxim that the end justifies the means. It is creditable to practical moral sense, but not to popular logical consistency. For recourse to casuistry is the only conclusion which can be drawn from belief in fixed universal principles, just as the Jesuit maxim is the only conclusion proper to be drawn from belief in fixed ends. Every act, every deed is individual. What is the sense in having fixed general rules, commandments, laws, unless they are such as to confer upon individual cases of action (where alone instruction is finally needed) something of their own infallible certainty? Casuistry, so-called, is simply the systematic effort to secure for particular instances of conduct the advantage of general rules which are asserted and believed in. By those who accept the notion of immutable regulating principles, casuistry ought to be lauded for sincerity and helpfulness, not dispraised as it usually is. Or else men ought to carry back their aversion to manipulation of particular cases, until they will fit into the procrustean beds of fixed rules, to the point where it is clear that all principles are empirical generalizations from the ways in which previous judgments of conduct have practically worked out. When this fact is apparent, these generalizations will be seen to be not fixed rules for deciding doubtful cases, but instrumentalities for their investigation, methods by which the net value of past experience is rendered available for present scrutiny of new perplexities. Then it will also follow that they are hypotheses to be tested and revised by their further working.8

Every such statement meets with prompt objection. We are told that in deliberation rival goods present themselves. We are faced by competing desires and ends which are incompatible with one another. They are all attractive, seductive. How then shall we choose among them? We can choose rationally among values, the argument continues, only if we have some fixed measure of values, just as we decide the respective lengths of physical things by recourse to the fixed foot-rule. One might reply that after all there is no fixed foot-rule, no fixed foot “in itself” and that the standard length or weight of measure is only another special portion of matter, subject to change from heat, moisture and gravitational position, defined only by conditions, relations. One might reply that the foot-rule is a tool which has been worked out in actual prior comparisons of concrete things for use in facilitating further comparisons. But we content ourselves with remarking that we find in this conception of a fixed antecedent standard another manifestation of the desire to escape the strain of the actual moral situation, its genuine uncertainty of possibilities and consequences. We are confronted with another case of the all too human love of certainty, a case of the wish for an intellectual patent issued by authority. The issue after all is one of fact. The critic is not entitled to enforce against the facts his private wish for a ready-made standard which will relieve him from the burden of examination, observation and continuing generalization and test.

The worth of this private wish is moreover open to question in the light of the history of the development of natural science. There was a time when in astronomy, chemistry and biology men claimed that judgment of individual phenomena was possible only because the mind was already in possession of fixed truths, universal principles, preordained axioms. Only by their means could contingent, varying particular events be truly known. There was, it was argued, no way to judge the truth of any particular statement about a particular plant, heavenly body, or case of combustion unless there was a general truth already in hand with which to compare a particular empirical occurrence. The contention was successful, that is for a long time it maintained its hold upon men’s minds. But its effect was merely to encourage intellectual laziness, reliance upon authority and blind acceptance of conceptions that had somehow become traditional. The actual advance of science did not begin till men broke away from this method. When men insisted upon judging astronomical phenomena by bringing them directly under established truths, those of geometry, they had no astronomy, but only a private esthetic construction. Astronomy began when men trusted themselves to embarking upon the uncertain sea of events and were willing to be instructed by changes in the concrete. Then antecedent principles were tentatively employed as methods for conducting observations and experiments, and for organizing special facts: as hypotheses.

In morals now, as in physical science then, the work of intelligence in reaching such relative certainty, or tested probability, as is open to man is retarded by the false notion of fixed antecedent truths. Prejudice is confirmed. Rules formed accidentally or under the pressure of conditions long past, are protected from criticism and thus perpetuated. Every group and person vested with authority strengthens possessed power by harping upon the sacredness of immutable principle. Moral facts, that is the concrete careers of special courses of action, are not studied. There is no counterpart to clinical medicine. Rigid classifications forced upon facts are relied upon. And all is done, as it used to be done in natural science, in praise of Reason and in fear of the variety and

Вы читаете Human Nature and Conduct
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