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Tradition : Principally with Reference to Mythology and the

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12 THE LA W OF NA TIONS.<br />

<strong>the</strong> basis of Bentham's juridical system " 9 (supra, p. 9)<br />

is not distinguishable from, <strong>and</strong> in any case ultimately<br />

depends upon, his <strong>the</strong>ory of utility as a foundation, or,<br />

as his later disciples say, a " st<strong>and</strong>ard" of morals.<br />

Such a st<strong>and</strong>ard is <strong>the</strong> negation of all morality; <strong>and</strong> if<br />

it ever came <strong>to</strong> st<strong>and</strong> alone every notion of morals would<br />

be obliterated, because, being open <strong>to</strong> every interpretation,<br />

<strong>and</strong> incapable of supplying any definite rule itself,<br />

t would abrogate every o<strong>the</strong>r, <strong>and</strong> under a plausibl<br />

rm ab<strong>and</strong>on mankind <strong>to</strong> its lusts <strong>and</strong> i<br />

In <strong>the</strong> Pall Mall Gazette, April 12, 1871, an articl<br />

entitled " Mr Darwin on Conscience," discusses B<br />

thamism <strong>with</strong> reference <strong>to</strong> Darwinism. There is a fitr<br />

in this which does not " immediately appear.<br />

The writer says :<br />

" What is called <strong>the</strong> question of tlie moral sense is really two :<br />

how <strong>the</strong> moral faculty is acquired, <strong>and</strong> how it is regulated. Why<br />

do we obey conscience or feel pain in disobeying it ? And why does<br />

conscience prescribe one kind of actions <strong>and</strong> condemn ano<strong>the</strong>r kind ?<br />

To put it more technically, <strong>the</strong>re is <strong>the</strong> question of <strong>the</strong> subjective<br />

existence of conscience, <strong>and</strong> <strong>the</strong>re is <strong>the</strong> question of its obj ective pre-<br />

scriptions."<br />

*<br />

I will avail myself of this distinction, <strong>and</strong>, setting<br />

aside <strong>the</strong> questions referring <strong>to</strong> <strong>the</strong> " subjective existence<br />

of conscience/' I will ask attention only <strong>to</strong> " its<br />

objective prescriptions." Assuming, <strong>the</strong>n, <strong>the</strong> operations<br />

of conscience in <strong>the</strong> individual man, <strong>the</strong>re will<br />

necessarily also have been in <strong>the</strong> course of his<strong>to</strong>ry some<br />

9 " From utility, <strong>the</strong>n, we may denominate a principle that may serve <strong>to</strong><br />

preside over <strong>and</strong> govern, as it were, such arrangements as shall be made<br />

of <strong>the</strong> several institutions, or combinations of institutions, that compose<br />

<strong>the</strong> matter of this science." Bentham's " Fragment on Government/5 xliii.,<br />

<strong>and</strong> at p. 45, <strong>the</strong> principle of utility is declared "all-sufficient," . . . that<br />

" principle which furnishes us <strong>with</strong> that reason, which alone depends not<br />

upon any higher reason, but which is itself <strong>the</strong> sole <strong>and</strong> all-sufficient reason<br />

for every point of practice whatsoever."

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