Natural Rights on the Threshold of the Scottish Enlightenment. Gershom Carmichael

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СКАЧАТЬ From this, we may determine those actions or omissions of men which are liable to the direction of law, and thus capable of moral good or evil. It is those actions and omissions which are done by men knowingly and voluntarily and not involuntarily or, which comes to the same thing, which are in the power of the agent to do or not to do, or depend on the determination of his will. Those sorts of actions and omissions, popularly called free, where there is a law laid down by which they are prescribed or forbidden, are imputable to man, for praise or for censure, reward or punishment; seeing that there may be in each and every one of them an appropriate or inappropriate sentiment toward God the author of the law.

      12. Therefore no one can be held responsible for necessary things because they happen, or impossible things, because they do not. Only those things should be regarded as necessary which happen whether anyone wishes them to or not; not all these things are effectively determined by the mind willing them. Equally, those things alone should be said to be impossible which do not occur, whether anyone wishes them or not; not by any means all the things which the mind lacks the requisite disposition to will seriously.

      13. But for any human action, or omission of it, to become a moral act, and thus imputable to man as good or evil according to what was said above, a law must exist which prescribes or forbids that action. This law is the will of God, as we described it in section 10, declared by suitable signs: that is, signs by which a man would be able to know the will of God and the duty which is incumbent on him in this respect according to the law, if he employed his reason rightly upon them and with due attention, as well as on the existence of the conditions which perhaps that law presupposes. That is, when these conditions are present, a man is not to be considered blameless if he is ignorant of the morality of his action, and, if he does that action, he is also to be regarded as consenting in some way to the morality involved in it.

      14. We infer that where there is a law, the morality of every one of our free actions or omissions is to be judged on three heads: first, from the value of what is done or omitted, both considered in itself and clothed in all the circumstances which may urge that it be done or omitted here and now; second, from the manner and measure of knowledge which one may have about the action or its omission morally considered; i.e., about the law and the circumstances just mentioned; third, from the greater or lesser inclination of the will to what is done or aversion from what is omitted; including the motives by which the will is directed to the one or to the other.

      15. As regards the first, it is certain that no circumstances of an action or omission, no effects or consequences, have any power to constitute, intensify, or reduce its morality, before God and conscience, further than these things could be known or foreseen by the agent, if he brought due attention to bear. Nor is it less certain that all circumstances (at least those of any importance) are relevant to the morality of any human action, insofar as they can be known or guessed; and therefore all consequent goods and evils, however remote, even those caused more directly by other men, so far as they could be foreseen with appropriate diligence by the man on the point of action, as in all probability more likely to follow that action than its omission. Likewise consequences are also relevant to the morality of an omission, so far as they could be foreseen as more likely to happen in all probability, if the proposed action were omitted, than if it were performed.

      16. However, this should not be taken to mean that all the effects which it was given to us to foresee as more likely to follow an action or omission of ours than its contrary, should be imputed to us, to the same degree (as often happens) or even in the same way, as if they had been produced directly by us; we mean only that all consequences of this kind ought to be included in the more general calculation, if not in the particular calculation. Hence it would not be a right action if it were likely that some evil would be caused or some good prevented; nor would it be right to forgo an action by which evil could possibly be avoided or good procured; the greater prospect of obtaining some good or avoiding some evil must determine our choice of action.

      17. Both knowledge and intention are relevant, as we indicated in the second and third points above [sec. 14] to estimate the morality of an action or its omission. In order that an action or omission be good in these respects in the eyes of God (that is, in order that it be accepted by him as a sign of love and veneration toward him), it is required both that what is done be prescribed by law in the given circumstances, and what is omitted forbidden; and that this can be known by the man who acts or refrains from acting. It is also required that he actually know, or at least judge with probability, that the thing is so, and he must not only agree to conform to the law but also must be primarily concerned, in his action or omission, to show regard for the law. For no one can be said to be obeying the law, or showing devout affection toward God, who is doing what is prescribed by the law in ignorance or without contemplation of God and his law.

      18. The evil of an action or of an omission admits various degrees based on these factors. On the basis of knowledge, it varies according to the different degrees of knowledge or suspicion that what is done is forbidden by law, or what is omitted is prescribed; or, if this is not known, in accordance with various reasons for that ignorance. On the basis of intention, it varies in accordance with the different degrees of inclination or aversion of the will; in accordance with the more estimable or more odious nature of the reasons by which one is induced to sin; and by the various degrees of weight which the consideration of moral evil has in checking the impulse to sin.

      19. I have everywhere related the morality of actions to the divine law alone, since by itself it obliges and every obligation of human laws is ultimately to be resolved into it. Divine law is declared by two means. It may be declared by express signs, for example by voices and writing, and when declared by this means it is called the positive law of God. It may also be declared by the very constitution of human nature and of the other things which are open to men’s observation by these things and by the transcendent perfections of the Deity which shine forth from them, certain actions of men, in certain circumstances, necessarily signify in the one case love and veneration toward the Deity and in the other case contempt and hatred; and thus they must be regarded by God Himself as signs of moral sentiment: and when the will of God is signified in this latter mode, it is called the natural law.

      20. Since therefore the will of God himself is made known to us by these natural means of producing obligation; since God himself has placed the same means within the sphere of our observation (means, that is, by which are declared to us both the distinction between actions prescribed by law and actions forbidden by law, and also the importance which the former have for bringing happiness and the latter for misery); since finally the same God has allowed us a rational faculty, by whose right use we may have the power to reflect on the things presented to us and from observation of them and continual comparison of one with another to deduce true and certain conclusions about the morality of our actions and thus of their moral effects; it is clear that the natural law is the true and divine law in the proper sense, seeing that it is ordered, sanctioned, and promulgated by God himself.

       21. The discipline which teaches the prescriptions of the natural law in themselves, i.e., which elicits them from nature herself and demonstrates them, or, and this comes to the same thing, which directs human actions in conformity with that law is that very discipline which is called ethics or moral philosophy; and therefore we find no reason to distinguish it from natural jurisprudence.

CHAPTER 3

       On Human Action in the Divine Court СКАЧАТЬ