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injustice and ingratitude, that Mr. Bentham has done more than any other writer to rouse the spirit of juridical reformation, which is now gradually examining every part of law, and which, when further progress is facilitated by digesting the present laws, will doubtless proceed to the improvement of all. Greater praise it is given to few to earn it ought to satisfy him for the disappointment of hopes which were not reasonable, that Russia should receive a code from him, or that North America could be brought to renounce the variety of her laws and institutions, on the single authority of a foreign philosopher, whose opinions had not worked their way, either into legislation or into general reception, in his own country. It ought also to dispose his followers to do fuller justice to the Romillys and Broughams, without whose prudence and energy, as well as reason and eloquence, the best plans of reformation must have continued a dead letter; for whose sake it might have been fit to reconsider the obloquy heaped on their profession, and to show more general indulgence to all those whose chief offence seems to consist in their doubts whether sudden changes, almost always imposed by violence on a community, be the surest road to lasting improvement.

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It is unfortunate that ethical theory, with which we are now chiefly concerned, is not the province in which Mr. Bentham has reached the most desirable distinction. It may be remarked, both in ancient and in modern times, that whatever modifications prudent followers may introduce into the system of an innovator, the principles of the master continue to mould the habitual dispositions, and to influence the practical tendency of the school. Mr. Bentham preaches the principle of Utility with the zeal of a discoverer. Occupied more in reflection than in reading, he knew not, or forgot, how often it had been the basis, and how generally an essential part, of all moral systems.* That in which he really differs from others, is in the Necessity which he teaches, and the

*See Note V.

example which he sets, of constantly bring. ing that principle before us. This peculiarity appears to us to be his radical error. In an attempt, of which the constitution of human nature forbids the success, he seems to us to have been led into fundamental errors in moral theory, and to have given to his practical doctrine a dangerous direction.

The confusion of moral approbation with the moral qualities which are its objects, common to Mr. Bentham with many other philosophers, is much more uniform and prominent in him than in most others. This general error, already mentioned at the opening of this Dissertation, has led him more than others to assume, that because the principle of Utility forms a necessary part of every moral theory, it ought therefore to be the chief motive of human conduct. Now it is evident that this assumption, rather tacitly than avowedly made, is wholly gratuitous. No practical conclusion can be deduced from the principle, but that we ought to cultivate those habitual dispositions which are the most effectual motives to useful actions. But before a regard to our own interest, or a desire to promote the welfare of men in general, be allowed to be the exclusive, or even the chief regulators of human conduct, it must be shown that they are the most effectual motives to such useful actions: it is demonstrated by experience that they are not. It is even owned by the most ingenious writers of Mr. Bentham's school, that desires which are pointed to general and distant objects, although they have their proper place and their due value, are commonly very faint and ineffectual inducements to action. A theory founded on Utility, therefore, requires that we should cultivate, as excitements to practice, those other habitual dispositions which we know by experience to be generally the source of actions beneficial to ourselves and our fellows; -habits of feeling productive of habits of virtuous conduct, and in their turn strengthened by the reaction of these last. What is the result of experience on the choice of the objects of moral culture? Beyond all dispute, that we should labour to

attain that state of mind in which all the social affections are felt with the utmost warmth, giving birth to more comprehensive benevolence, but not supplanted by it; — when the Moral Sentiments most strongly approve what is right and good, without being perplexed by a calculation of consequences, though not incapable of being gradually rectified by Reason, whenever they are decisively proved by experience not to correspond in some of their parts to the universal and perpetual effects of conduct. It is a false representation of human nature to affirm that "courage" is only “ prudence."* They coincide in their effects, and it is always prudent to be courageous: but a man who fights because he thinks it more hazardous to yield, is not brave. He does not become brave till he feels cowardice to be base and painful, and till he is no longer in need of any aid from prudence. Even if it were the interest of every man to be bold, it is clear that so cold a consideration cannot prevail over the fear of danger. Where it seems to do so, it must be by the unseen power either of the fear of shame, or of some other powerful passion, to which it lends its name. It was long ago with striking justice observed by Aristotle, that he who abstains from present gratification, under a distinct apprehension of its painful consequences, is only prudent, and that he must acquire a disrelish for excess on its own account, before he deserves the name of a temperate man. It is only when the means are firmly and unalterably converted into ends, that the process of forming the mind is completed. Courage may then seek, instead of avoiding danger: Temperance may prefer abstemiousness to indulgence: Prudence

• Mill, Analysis of the Human Mind, vol. ii. p. 237. It would be unjust not to say that this book, partly perhaps from a larger adoption of the principles of Hartley, holds out fairer opportunities of negotiation with natural feelings and the doctrines of former philosophers than any other production of the same school. But this very assertion

about courage clearly shows at least a forgetfulness that courage, even if it were the offspring of prudence, would not for that reason be a species of it.

itself may choose an orderly government of conduct, according to certain rules, without regard to the degree in which it promotes welfare. Benevolence must desire the happiness of others to the exclusion of the consideration how far it is connected with that of the benevolent agent; and those alone can be accounted just who obey the dictates of Justice from having thoroughly learned an habitual veneration for her strict rules and for her larger precepts. In that complete state the mind possesses no power of dissolving the combinations of thought and feeling which impel it to action. Nothing in this argument turns on the difference between implanted and acquired principles. As no man can cease, by any act of his, to see distance, though the power of seeing it be universally acknowledged to be an acquisition, so no man has the power to extinguish the affections and the moral sentiments (however much they may be thought to be acquired), any more than that of eradicating the bodily appetites. The best writers of Mr. Bentham's school overlook the indissolubility of these associations, and appear not to bear in mind that their strength and rapid action constitute the perfect state of a moral agent.

The pursuit of our own general welfare, or of that of mankind at large, though from their vagueness and coldness they are unfit habitual motives and unsafe ordinary guides of conduct, yet perform functions of essential importance in the moral system. The former, which we call "self-love," preserves the balance of all the active principles which regard ourselves ultimately, and contributes to subject them to the authority of the moral principles. The latter, which is general benevolence, regulates in like manner the equipoise of the narrower affections, quickens the languid, and checks the encroaching, borrows strength from pity, and even from indignation, - receives some compensation, as it enlarges, in the addition of beauty and grandeur, for the weakness enables us which arises from dispersion,

See Note W.

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even

to look on all men as brethren, and overflows on every sentient being. The general interest of mankind, in truth, almost solely affects us through the affections of benevolence and sympathy; for the coincidence of general with individual interest, where it is certain, is too dimly seen to produce any emotion which can impel to, or restrain from, action. As a general truth, its value consists in its completing the triumph of Morality, by demonstrating the absolute impossibility of forming any theory of human nature which does not preserve the superiority of Virtue over Vice; -a great, though not a directly practical advantage.

The followers of Mr. Bentham have carried to an unusual extent the prevalent fault of the more modern advocates of Utility, who have dwelt so exclusively on the outward advantages of Virtue as to have lost sight of the delight which is a part of virtuous feeling, and of the beneficial influence of good actions upon the frame of the mind. "Benevolence towards others," says Mr. Mill, "produces a return of benevolence from them." The fact is true, and ought to be stated; but how unimportant is it in comparison with that which is passed over in silence, the pleasure of the affection itself, which, if it could become lasting and intense, would convert the heart into a heaven! No one who has ever felt kindness, if he could accurately recall his feelings, could hesitate about their infinite superiority. The cause of the general neglect of this consideration is, that it is only when a gratification is something distinct from a state of mind, that we can easily learn to consider it as a pleasure. Hence the great error respecting the affections, where the inherent delight is not duly estimated, on account of that very peculiarity of its being a part of a state of mind which renders it unspeakably more valuable as independent of every thing without. The social affections are the only principles of human nature which have no direct pains: to have any of these desires is to be in a state of happiness. The malevolent passions have properly no pleasures; for that attainment of their purpose which is impro

perly so called, consists only in healing or assuaging the torture which envy, jealousy, and malice inflict on the malignant mind. It might with as much propriety be said that the tooth-ache and the stone have pleasures, because their removal is followed by an agreeable feeling. These bodily disorders, indeed, are often cured by the process which removes the suffering; but the mental distempers of envy and revenge are nourished by every act of odious indulgence which for a moment suspends their pain.

The same observation is applicable to every virtuous disposition, though not so obviously as to the benevolent affections. That a brave man is, on the whole, far less exposed to danger than a coward, is not the chief advantage of a courageous temper. Great dangers are rare; but the constant absence of such painful and mortifying sensations as those of fear, and the steady consciousness of superiority to what subdues ordinary men, are a perpetual source of inward enjoyment. No man who has ever been visited by a gleam of magnanimity, can place any outward advantage of fortitude in comparison with the feeling of being always able fearlessly to defend a righteous cause.* Even humility, in spite of first appearances, is a remarkable example;-though it has of late been unwarrantably used to signify that painful consciousness of inferiority which is the first stage of envy. It is a term consecrated in Christian Ethics to denote that disposition which, by inclining towards a modest estimate of our qualities, corrects the prevalent tendency of human nature to overvalue our merits and to overrate our claims. What can be a less doubtful, or a much

According to Cicero's definition of fortitude, the original sense of "virtus," manhood, give a 'Virtus pugnans pro æquitate." The remains of beauty and force to these expressions, which cannot be preserved in our language. The Greek "ager," and the German "tugend," originally denoted "strength," afterwards "courage," and at last "virtue." But the happy derivation of "virCicero, which illustrates the use of etymology in tus" from "vir" gives an energy to the phrase of the hands of a skilful writer.

Anal. Hum. Mind, vol. ii. p. 222.

more considerable blessing than this constant sedative, which soothes and composes the irritable passions of vanity and pride? What is more conducive to lasting peace of mind than the consciousness of proficiency in that most delicate species of equity which, in the secret tribunal of Conscience, labours to be impartial in the comparison of ourselves with others? What can so perfectly assure us of the purity of our Moral Sense, as the habit of contemplating, not that excellence which we have reached, but that which is still to be pursued*, — of not considering how far we may outrun others, but how far we are from the goal?

Virtue has often outward advantages, and always inward delights; but the last, though constant, strong, inaccessible, and inviolable, are not easily considered by the common observer as apart from the form with which they are blended. They are so subtile and evanescent as to escape the distinct contemplation of all but the very few who meditate on the acts of the mind. The outward advantages, on the other hand, cold, uncertain, dependent, and precarious as they are,

yet stand out to the sense and to the memory, may be as it were handled and counted, and are perfectly on a level with the general apprehension. Hence they have become the almost exclusive theme of all moralists who profess to follow Reason. There is room for suspecting that a very general illusion prevails on this subject. Probably the smallest part of the pleasure of Virtue, because it is the most palpable, has become the sign and mental representative of the whole; the outward and visible sign suggests only insensibly the inward and mental delight. Those who are prone to display chiefly the external benefits of magnanimity and kindness, would speak with far less fervour, and perhaps less confidence, if their feelings were not unconsciously affected by the mental state which is overlooked in their statements. But when they speak of what is without, they feel what was within,

For a description of vanity, by a great orator, see the Rev. R. Hall's Sermon on Modern Infidelity.

and their words excite the same feeling in others.

Is it not probable that much of our love of praise may be thus ascribed to humane and sociable pleasure in the sympathy of others with us? Praise is the symbol which represents sympathy, and which the mind insensibly substitutes for it in recollection and in language. Does not the desire of posthumous fame, in like manner, manifest an ambition for the fellow-feeling of our race, when it is perfectly unproductive of any advantage to ourselves? In this point of view, it may be considered as the passion the very existence of which proves the mighty power of disinterested desire. Every other pleasure from sympathy is derived from contemporaries: the love of fame alone seeks the sympathy of unborn generations, and stretches the chain which binds the race of man together, to an extent to which Hope sets no bounds. There is a noble, even if unconscious union of Morality with genius in the mind of him who sympathizes with the masters who lived twenty centuries before him, in order that he may learn to command the sympathies of the countless generations who are to come.

In the most familiar, as well as in the highest instances, it would seem, that the inmost thoughts and sentiments of men are more pure than their language. Those who speak of "a regard to character," if they be serious, generally infuse into that word, unawares, a large portion of that sense in which it denotes the frame of the mind. Those who speak of "honour" very often mean a more refined and delicate sort of conscience, which ought to render the more educated classes of society alive to such smaller wrongs as the laborious and the ignorant can scarcely feel. What heart does not warm at the noble exclamation of the ancient poet: "Who is pleased by false honour, or frightened by lying infamy, but he who is false and depraved! Every uncorrupted mind feels unmerited praise as a bitter re

Horat. Epistol. lib. i. 16.

proach, and regards a consciousness of demerit as a drop of poison in the cup of honour. How different is the applause which truly delights us all, a proof that the consciences of others are in harmony with our own! "What," says Cicero, "is glory but the concurring praise of the good, the unbought approbation of those who judge aright of excellent virtue!"* A far greater than Cicero rises from the purest praise of man, to more sublime contemplations.

Fame is no plant that grows on mortal soil,
But lives and spreads aloft, by those pure eyes
And perfect witness of all-judging Jove.†

Those who have most earnestly inculcated the doctrine of Utility have given another notable example of the very vulgar prejudice which treats the unseen as insignificant. Tucker is the only one of them who occasionally considers that most important effect of human conduct which consists in its action on the frame of the mind, by fitting its faculties and sensibilities for their appointed purpose. A razor or a penknife would well enough cut cloth or meat; but if they were often so used, they would be entirely spoiled. The same sort of observation is much more strongly applicable to habitual dispositions, which, if they be spoiled, we have no certain means of replacing or mending. Whatever act, therefore, discomposes the moral machinery of Mind, is more injurious to the welfare of the agent than most disasters from without can be: for the latter are commonly limited and temporary; the evil of the former spreads through the whole of life. Health of mind, as well as of body, is not only productive in itself of a greater sum of enjoyment than arises from other sources, but is the only condition of our frame in which we are capable of receiving pleasure from without. Hence it appears how incredibly absurd it is to prefer, on grounds of calculation, a present interest to the preservation of those

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mental habits on which our well-being depends. When they are most moral, they may often prevent us from obtaining advantages: but it would be as absurd to desire to lower them for that reason, as it would be to weaken the body, lest its strength should render it more liable to contagious disorders of rare occurrence.

It is, on the other hand, impossible to combine the benefit of the general habit with the advantages of occasional deviation; for every such deviation either produces remorse, or weakens the habit, and prepares the way for its gradual destruction. He who obtains a fortune by the undetected forgery of a will, may indeed be honest in his other acts; but if he had such a scorn of fraud before as he must himself allow to be generally useful, he must suffer a severe punishment from contrition; and he will be haunted with the fears of one who has lost his own security for his good conduct. In all cases, if they be well examined, his loss by the distemper of his mental frame will outweigh the profits of his vice.

By repeating the like observation on similar occasions, it will be manifest that the infirmity of recollection, aggravated by the defects of language, gives an appearance of more selfishness to man than truly belongs to his nature; and that the effect of active agents upon the habitual state of mind, one of the considerations to which the epithet "sentimental" has of late been applied in derision, is really among the most serious and reasonable objects of Moral Philosophy. When the internal pleasures and pains which accompany good and bad feelings, or rather form a part of them, and the internal advantages and disadvantages which follow good and bad actions, are sufficiently considered, the comparative importance of outward consequences will be more and more narrowed; so that the Stoical philosopher may be thought almost excusable for rejecting it altogether, were it not an indispensably necessary consideration for those in whom right habits of feeling are not sufficiently strong. They alone are happy, or even truly virtuous, who have little need of it.

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