A similar defence seems possible for most of the rules, most universally enforced by legal sanctions, such as respect of property; and for some of those most commonly recognised by Common Sense, such as industry, temperance and the keeping of promises. In any state of society in which men have that intense desire for property of some sort, which seems to be universal, the common legal rules for the protection of property must serve greatly to facilitate the best possible expenditure of energy. And similarly: Industry is a means to the attainment of those necessaries, without which the further attainment of any great positive goods is impossible; temperance merely enjoins the avoidance of those excesses, which, by injuring health, would prevent a man from contributing as much as possible to the acquirement of these necessaries; and the keeping of promises greatly facilitates cooperation in such acquirement.
Now all these rules seem to have two characteristics to which it is desirable to call attention. (1) They seem all to be such that, in any known state of society, a general observance of them would be good as a means. The conditions upon which their utility depends, namely the tendency to preserve and propagate life and the desire of property, seem to be so universal and so strong, that it would be impossible to remove them; and, this being so, we can say that, under any conditions which could actually be given, the general observance of these rules would be good as a means. For, while there seems no reason to think that their observance ever makes a society worse than one in which they are not observed, it is certainly necessary as a means for any state of things in which the greatest possible goods can be attained. And (2) these rules, since they can be recommended as a means to that which is itself only a necessary condition for the existence of any great good, can be defended independently of correct views upon the primary ethical question of what is good in itself. On any view commonly taken, it seems certain that the preservation of civilised society, which these rules are necessary to effect, is necessary for the existence, in any great degree, of anything which may be held to be good in itself.
96. But not by any means all the rules commonly recognised combine these two characteristics. The arguments offered in defence of Common Sense morality very often presuppose the existence of conditions, which cannot be fairly assumed to be so universally necessary as the tendency to continue life and to desire property. Such arguments, accordingly, only prove the utility of the rule, so long as certain conditions, which may alter, remain the same: it cannot be claimed of the rules thus defended, that they would be generally good as means in every state of society: in order to establish this universal general utility, it would be necessary to arrive at a correct view of what is good or evil in itself. This, for instance, seems to be the case with most of the rules comprehended under the name of Chastity. These rules are commonly defended, by Utilitarian writers or writers who assume as their end the conservation of society, with arguments which presuppose the necessary existence of such sentiments as conjugal jealousy and paternal affection. These sentiments are no doubt sufficiently strong and general to make the defence valid for many conditions of society. But it is not difficult to imagine a civilised society existing without them; and, in such a case, if chastity were still to be defended, it would be necessary to establish that its violation produced evil effects, other than those due to the assumed tendency of such violation to disintegrate society. Such a defence may, no doubt, be made; but it would require an examination into the primary ethical question of what is good and bad in itself, far more thorough than any ethical writer has ever offered to us. Whether this be so in this particular case or not, it is certain that a distinction, not commonly recognised, should be made between those rules, of which the social utility depends upon the existence of circumstances, more or less likely to alter, and those of which the utility seems certain under all possible conditions.
97. It is