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CHAPTER VIII.. Of the Natural Law of Conscience.

Moral Philosophy: Ethics, Deontology and Natural Law · Joseph Rickaby — chapter 24 of 65 · ~2,979 words · public domain

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OF THE NATURAL LAW OF CONSCIENCE.

SECTION I.--Of the Origin of Primary Moral Judgments.

1. It is an axiom of the schools, that whatever is received, is received according to the manner of the recipient. We have spoken of the law that governs the world, as that law has existed from eternity in the mind of God. We have now to consider that law as it is received in creatures, and becomes the inward determinant of their action. Action is either necessary or free. The great multitude of creatures are wholly necessary agents. Even in free agents, most of what is in them, and much that proceeds from them, is of necessity, and beyond the control of their will. Of necessary action, whether material or mental, we shall have nothing further to say. It is governed by the Eternal Law, but it is not matter of moral philosophy. Henceforth we have to do with that law, only as it is received in free agents, as such, to be the rule of their conduct. The agents being free, the law must be received in a manner consonant with their freedom. It is proper to a free and rational being to guide itself, not to be dragged or pushed, but to go its own way, yet not arbitrarily, but according to law. The law for such a creature must be, not a physical determinant of its action, but a law operating in the manner of a motive to the will, obliging and binding, yet not constraining it: a law written in the intellect after the manner of knowledge: a law within the mind and consciousness of the creature, whereby it shall measure and regulate its own behaviour. This is the natural law of conscience. It is the Eternal Law, as made known to the rational creature, whereby to measure its own free acts. The Eternal Law is in the Mind of God: the Natural Law in the minds of men and angels. The Eternal Law adjusts all the operations of creatures: the Natural Law, only the free acts of intellectual creatures. And yet, for binding force, the Natural Law is one with the Eternal Law. On a summer evening one observes the sunset on the west coast; the heavens are all aglow with the sun shining there, and the waters are aglow too, reflecting the sun's rays. The Eternal Law is as the sun there in the heavens, the Natural Law is like the reflection in the sea. But it is one light.

2. It is called the Natural Law, first, because it is found, more or less perfectly expressed, in all rational beings: now whatever is found in all the individuals of a kind, is taken to belong to the specific nature, or type of that kind. Again it is called the Natural Law, because it is a thing which any rational nature must necessarily compass and contain within itself in order to arrive at its own proper perfection and maturity. Thus this inner law is natural, in the sense in which walking, speech, civilization are natural to man. A man who has it not, is below the standard of his species. It will be seen that dancing, singing--at least to a pitch of professional excellence--and a knowledge of Greek, are not, in this sense, natural. The Natural Law is not natural, in the sense of "coming natural," as provincial people say, or coming to be in man quite irrespectively of training and education, as comes the power of breathing. It was absurd of Paley (Mor. Phil., bk. i., c. v.) to look to the wild boy of Hanover, who had grown up in the woods by himself, to display in his person either the Natural Law or any other attribute proper to a rational creature.

3. We call this the natural law of conscience, because every individual's conscience applies this law, as he understands it, to his own particular human acts, and judges of their morality accordingly. What then is conscience? It is not a faculty, not a habit, it is an act. It is a practical judgment of the understanding. It is virtually the conclusion of a syllogism, the major premiss of which would be some general principle of command or counsel in moral matters; the minor, a statement of fact bringing some particular case of your own conduct under that law; and the conclusion, which is conscience, a decision of the case for yourself according to that principle: e.g., "There is no obligation of going to church on (what Catholics call) a day of devotion: this day I am now living is only a day of devotion; therefore I am not bound to go to church to-day." Such is the train of thought, not always so explicitly and formally developed, that passes through the mind, when conscience works. It is important to remember that conscience is an act of intellect, a judgment, not on a matter of general principle, not about other people's conduct, but about my own action in some particular case, and the amount of moral praise or blame that I deserve, or should deserve, for it. As regards action already done, or not done, conscience testifies, accusing or excusing. As regards action contemplated, conscience restrains or prompts, in the way of either obligation or counsel.

4. Conscience is not infallible: it may err, like any other human judgment. A man may be blind, if not exactly to his own action, at least to the motives and circumstances of his action. He may have got hold of a wrong general principle of conduct. He may be in error as to the application of his principle to the actual facts. In all these ways, what we may call the conscientious syllogism may be at fault, like any other syllogism. It may be a bad syllogism, either in logical form, or in the matter of fact asserted in the premisses. This is an erroneous conscience. But, for action contemplated, even an erroneous conscience is an authoritative decision. If it points to an obligation, however mistakenly, we are bound either to act upon the judgment or get it reversed. We must not contradict our own reason: such contradiction is moral evil, (c. v., s. iii., n. 3, p. 74.) If conscience by mistake sets us free of what is objectively our bounden duty, we are not there and then bound to that duty: but we may be bound at once to get that verdict of conscience overhauled and reconsidered. Conscience in this case has proceeded in ignorance, which ignorance will be either vincible or invincible, and must be treated according to the rules provided in the matter of ignorance, (c. iii., s. i., nn. 3-5, p. 27). An obligation, neglected in invincible ignorance, makes a merely material sin. (c. iii., s. ii., n. 7, p. 33.)

5. There is another element of mind, often confounded under one name with conscience, but distinct from it, as a habit from an act, and as principles from their application. This element the schoolmen called synderesis. [Footnote 10]

Synderesis is an habitual hold upon primary moral judgments, as, that we must do good, avoid evil, requite benefactors, honour superiors, punish evil-doers. There is a hot controversy as to how these primary moral judgments arise in the mind. The coals of dispute are kindled by the assumption, that these moral judgments must needs have a totally other origin and birth in the mind than speculative first principles, as, that the whole is greater than the part, that two and two are four, that things which are equal to the same thing are equal to one another. The assumption is specious, but unfounded. It looks plausible because of this difference, that moral judgments have emotions to wait upon them, speculative judgments have not. Speculative judgments pass like the philosophers that write them down, unheeded in the quiet of their studies. But moral judgments are rulers of the commonwealth: they are risen to as they go by, with majesty preceding and cares coming after. Their presence awakens in us certain emotions, conflicts of passion, as we think of the good that we should do, but have not done, or of the evil that goes unremedied and unatoned for. Commonly a man cannot contemplate his duty, a difficult or an unfulfilled duty especially, without a certain emotion, very otherwise than as he views the axioms of mathematics. There is a great difference emotionally, but intellectually the two sets of principles, speculative and moral, are held alike as necessary truths, truths that not only are, but must be, and cannot be otherwise: truths in which the predicate of the proposition that states them is contained under the subject. Such are called self-evident propositions; and the truths that they express, necessary truths. The enquiry into the origin of our primary moral judgments is thus merged in the question, how we attain to necessary truth.

6. The question belongs to Psychology, not to Ethics: but we will treat it briefly for ethical purposes. And first for a clear notion of the kind of judgments that we are investigating.

"The primary precepts of the law of nature stand to the practical reason as the first principles of scientific demonstration do to the speculative reason: for both sets of principles are self-evident. A thing is said to be self-evident in two ways, either in itself, or in reference to us. In itself every proposition, the predicate of which can be got from consideration of the subject is said to be self-evident. But it happens that to one who is ignorant of the definition of the subject, such a proposition will not be self-evident: as this proposition, Man is a rational being, is self-evident in its own nature, because to name man is to name something rational; and yet, to one ignorant what man is, this proposition is not self-evident. And hence it is that, as Boethius says: "there are some axioms self-evident to all alike." Of this nature are all those propositions whose terms are known to all, as, Every whole is greater than its part; and, Things which are equal to the same thing are equal to one another_. Some propositions again are self-evident only to the wise, who understand the meaning of the terms: as, to one who understands that an angel is not a body, it is self-evident that an angel is not in a place by way of circumscription; [Footnote 11] which is not manifest to others, who do not understand the term." (St. Thos., 1a 2æ q. 94, art. 2, in corp.)

One more extract. "From the very nature of an intellectual soul it is proper to man that, as soon as he knows what a whole is, and what a part is, he knows that every whole is greater than its part; and so of the rest. But what is a whole, and what a part, that he cannot know except through sensory impressions. And therefore Aristotle shows that the knowledge of principles comes to us through the senses." (St. Thos., 1a 2æ, q. 51, art. 1, in corp.)

7. Thus the propositions that right is to be done, benefactors to be requited, are self-evident, necessary truths, to any child who has learned by experience the meaning of right, of kindness, and of a return of kindness. "Yes, but"--some one will say--"how ever does he get to know what right and wrong are? Surely sensory experience cannot teach him that." We answer, man's thoughts begin in sense, and are perfected by reflection. Let us take the idea of wrong, the key to all other elementary moral ideas. The steps by which a child comes to the fulness of the idea of wrong may be these. First, the thing is forbidden: then one gets punished for it. Punishment and prohibition enter in by eye and ear and other senses besides. Then the thing is offensive to those we love and revere. Then it is bad for us. Then it is shameful, shabby, unfair, unkind, selfish, hateful to God. All these points of the idea of wrong are grasped by the intellect, beginning with sensory presentations of what is seen and felt and heard said. Again with the idea of ought. This idea is sometimes said to defy analysis. But we have gone about (c. vi.) to analyse it into two elements, nature requiring, nature's King commanding. The idea of wrong we analysed into a breach of this natural requirement, and this Divine command or law. Primary moral ideas, then, yield to intellectual analysis. They are of this style: to be done, as I wish to be rational and please God: not to be done, unless I wish to spoil myself and disobey my Maker. But primary moral ideas, compared together, make primary moral judgments. Primary moral judgments, therefore, arise in the intellect, by the same process as other beliefs arise there in matters of necessary truth.

8. Thus, applying the principle known as Occham's razor, that "entities are not to be multiplied without reason," we refuse to acknowledge any Moral Sense, distinct from Intellect. We know of no peculiar faculty, specially made to receive "ideas, pleasures and pains in the moral order." (Mackintosh, Ethics, p. 206.) Most of all, we emphatically protest against any blind power being accredited as the organ of morality. We cannot accept for our theory of morals, that everything is right which warms the breast with a glow of enthusiasm, and all those actions wrong, at which emotional people are prone to cry out, dreadful, shocking. We cannot accept emotions for arbitrators, where it most concerns reasonable beings to have what the Apostle calls "enlightened eyes of the heart" (Ephes. i. 18), that we may "know to refuse the evil and to choose the good." (Isaias vii. 15.) A judge may have his emotions, but his charge to the jury must be dictated, not by his heart, but by his knowledge of the law. And the voice of conscience, whatever feelings it may stir, must be an intellectual utterance, and, to be worth anything in a case of difficulty, a reasoned conclusion, based on observation of facts, and application of principles, and consultation with moral theologians and casuists. A subjective and emotional standard of right and wrong is as treacherous and untrustworthy as the emotional justification of those good people, who come of a sudden to "feel converted."

9. It would be unnecessary, except for the wrong-headedness of philosophers, to observe that conscience requires educating. As moral virtue is a habit of appetite, rational or irrational, a formation resulting from frequent acts; and as the child needs to be aided and assisted from without towards the performance of such acts, in order to overcome the frequent resistance of appetite to reason (c. v., s. ii., n. 4, p. 71): so the springs of conscience are certain intellectual habits, whereby the subject is cognisant of the principles of natural law, and of their bearing on his own conduct, habits which, like the habits of moral virtue, require to be formed by acts from within and succour from without, since merely the rudiments of the habit are supplied by nature. Even the first principles of morality want formulating and pointing out to children, like the axioms of geometry. The mother tells her little one: "Ernest, or Frank, be a good boy:" while the schoolmaster explains to Master Ernest that two straight lines cannot possibly enclose a space. There is something in the boy's mind that goes along with and bears out both the teaching of his master and his mother's exhortation: something that says within him: "To be sure, those lines can't enclose a space:" "Certainly, I ought to be good." It is not merely on authority that he accepts these propositions. His own understanding welcomes and approves them: so much so, that once he has understood them, he would not believe the contrary for being told it. You would not persuade a child that it was right to pull mother's hair; or that half an orange was literally, as Hesiod says, "more than the whole." He would answer that it could not be, that he knew better.

10. On one ground there is greater need of education for the conscience than for any other intellectual formation: that is because of the power of evil to fascinate and blind on practical issues of duty. Cicero well puts it:

"We are amazed and perplexed by variety of opinions and strife of authorities; and because there is not the same divergence upon matters of sense, we fancy that the senses afford natural certainty, while, for moral matters, because some men take one view, some another, and the same men different views at different times, we consider that any settlement that can be arrived at is merely conventional, which is a huge mistake. The fact is, there is no parent, nor nurse, nor schoolmaster, nor poet, nor stage play, to corrupt the judgments of sense, nor consent of the multitude to wrench them away from the truth. It is for minds and consciences that all the snares are set, as well by the agency of those whom I have just mentioned, who take us in our tender and inexperienced age, and ingrain and fashion us as they will, as also by that counterfeit presentment of good, which lurks in the folds of every sense, the mother of all evil, pleasure, under whose seductive blandishments men fail to recognise the moral good that nature offers, because it is unaccompanied by this itching desire and satisfaction." (Cicero, De Legibus, i, 17.)

Readings.--St. Thos., 1a, q. 79, art. 11-13; Plato, Protagoras, 325, 326; John Grote, Examination of Utilitarian Philosophy, pp. 169, 207, 208; Cardinal Newman, Grammar of Assent, pp. l02-112.

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