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The Data of Ethics
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The Data of Ethics

To Mr. Sidgwick's argument there is the further objection, no less serious, that to whatever degree it tells against egoistic hedonism, it tells in a greater degree against universalistic hedonism, or utilitarianism. He admits that it tells as much; saying "whatever weight is to be attached to the objections brought against this assumption [the commensurability of pleasures and pains] must of course tell against the present method." Not only does it tell, but it tells in a double way. I do not mean merely that, as he points out, the assumption becomes greatly complicated if we take all sentient beings into account, and if we include posterity along with existing individuals. I mean that, taking as the end to be achieved the greatest happiness of the existing individuals forming a single community, the set of difficulties standing in the way of egoistic hedonism, is compounded with another set of difficulties no less great, when we pass from it to universalistic hedonism. For if the dictates of universalistic hedonism are to be fulfilled, it must be under the guidance of individual judgments, or of corporate judgments, or of both. Now any one of such judgments issuing from a single mind, or from any aggregate of minds, necessarily embodies conclusions respecting the happiness of other persons; few of them known, and the great mass never seen. All these persons have natures differing in countless ways and degrees from the natures of those who form the judgments; and the happiness of which they are severally capable differ from one another, and differ from the happinesses of those who form the judgments. Consequently, if against the method of egoistic hedonism there is the objection that a man's own pleasures and pains, unlike in their kinds, intensities, and times of occurrence, are incommensurable; then against the method of universalistic hedonism it may be urged that to the incommensurability of each judge's own pleasures and pains (which he must use as standards) has now to be added the much more decided incommensurability of the pleasures and pains which he conceives to be experienced by innumerable other persons, all differently constituted from himself and from one another.

Nay more – there is a triple set of difficulties in the way of universalistic hedonism. To the double indeterminateness of the end has to be added the indeterminateness of the means. If hedonism, egoistic or universalistic, is to pass from dead theory into living practice, acts of one or other kind must be decided on to achieve proposed objects; and in estimating the two methods we have to consider how far the fitness of the acts respectively required can be judged. If, in pursuing his own ends, the individual is liable to be led by erroneous opinions to adjust his acts wrongly, much more liable is he to be led by erroneous opinions to adjust wrongly more complex acts to the more complex ends constituted by other men's welfares. It is so if he operates singly to benefit a few others; and it is still more so if he co-operates with many to benefit all. Making general happiness the immediate object of pursuit, implies numerous and complicated instrumentalities officered by thousands of unseen and unlike persons, and working on millions of other persons unseen and unlike. Even the few factors in this immense aggregate of appliances and processes which are known, are very imperfectly known, and the great mass of them are unknown. So that even supposing valuation of pleasures and pains for the community at large is more practicable than, or even as practicable as, valuation of his own pleasures and pains by the individual; yet the ruling of conduct with a view to the one end is far more difficult than the ruling of it with a view to the other. Hence, if the method of egoistic hedonism is unsatisfactory, far more unsatisfactory for the same and kindred reasons, is the method of universalistic hedonism, or utilitarianism.

And here we come in sight of the conclusion which it has been the purpose of the foregoing criticism to bring into view. The objection made to the hedonistic method contains a truth, but includes with it an untruth. For while the proposition that happiness, whether individual or general, is the end of action, is not invalidated by proof that it cannot under either form be estimated by measurement of its components; yet it may be admitted that guidance in the pursuit of happiness by a mere balancing of pleasures and pains, is, if partially practicable throughout a certain range of conduct, futile throughout a much wider range. It is quite consistent to assert that happiness is the ultimate aim of action, and at the same time to deny that it can be reached by making it the immediate aim. I go with Mr. Sidgwick as far as the conclusion that "we must at least admit the desirability of confirming or correcting the results of such comparisons [of pleasures and pains] by any other method upon which we may find reason to rely;" and then I go further, and say that throughout a large part of conduct guidance by such comparisons is to be entirely set aside and replaced by other guidance.

§ 58. The antithesis here insisted upon between the hedonistic end considered in the abstract, and the method which current hedonism, whether egoistic or universalistic, associates with that end; and the joining acceptance of the one with rejection of the other; commits us to an overt discussion of the two cardinal elements of ethical theory. I may conveniently initiate this discussion by criticizing another of Mr. Sidgwick's criticisms on the method of hedonism.

Though we can give no account of those simple pleasures which the senses yield, because they are undecomposable, yet we distinctly know their characters as states of consciousness. Conversely, the complex pleasures formed by compounding and re-compounding the ideas of simple pleasures, though theoretically resolvable into their components, are not easy to resolve; and in proportion as they are heterogeneous in composition, the difficulty of framing intelligible conceptions of them increases. This is especially the case with the pleasures which accompany our sports. Treating of these, along with the pleasures of pursuit in general, for the purpose of showing that "in order to get them one must forget them," Mr. Sidgwick remarks:

"A man who maintains throughout an epicurean mood, fixing his aim on his own pleasure, does not catch the full spirit of the chase; his eagerness never gets just the sharpness of edge which imparts to the pleasure its highest zest and flavor. Here comes into view what we may call the fundamental paradox of Hedonism, that the impulse toward pleasure, if too predominant, defeats its own aim. This effect is not visible, or at any rate is scarcely visible, in the case of passive sensual pleasures. But of our active enjoyments generally, whether the activities on which they attend are classed as 'bodily' or as 'intellectual' (as well as of many emotional pleasures), it may certainly be said that we cannot attain them, at least in their best form, so long as we concentrate our aim on them." —Methods of Ethics, 2d ed., p. 41.

Now I think we shall not regard this truth as paradoxical after we have duly analyzed the pleasure of pursuit. The chief components of this pleasure are: First, a renewed consciousness of personal efficiency (made vivid by actual success and partially excited by impending success) which consciousness of personal efficiency, connected in experience with achieved ends of every kind, arouses a vague but massive consciousness of resulting gratifications; and second, a representation of the applause which recognition of this efficiency by others has before brought, and will again bring. Games of skill show us this clearly. Considered as an end in itself, the good cannon which a billiard player makes yields no pleasure. Whence then does the pleasure of making it arise? Partly from the fresh proof of capability which the player gives to himself, and partly from the imagined admiration of those who witness the proof of his capability: the last being the chief, since he soon tires of making cannons in the absence of witnesses. When from games which, yielding the pleasures of success, yield no pleasure derived from the end considered intrinsically, we pass to sports in which the end has intrinsic value as a source of pleasure, we see substantially the same thing. Though the bird which the sportsman brings down is useful as food, yet his satisfaction arises mainly from having made a good shot, and from having added to the bag which will presently bring praise of his skill. The gratification of self-esteem he immediately experiences; and the gratification of receiving applause he experiences, if not immediately and in full degree, yet by representation; for the ideal pleasure is nothing else than a faint revival of the real pleasure. These two kinds of agreeable excitement present in the sportsman during the chase constitute the mass of the desires stimulating him to continue it; for all desires are nascent forms of the feelings to be obtained by the efforts they prompt. And though while seeking more birds these representative feelings are not so vividly excited as by success just achieved, yet they are excited by imaginations of further successes; and so make enjoyable the activities constituting the pursuit. Recognizing, then, the truth that the pleasures of pursuit are much more those derived from the efficient use of means than those derived from the end itself, we see that "the fundamental paradox of hedonism" disappears.

These remarks concerning end and means, and the pleasure accompanying use of the means as added to the pleasure derived from the end, I have made for the purpose of drawing attention to a fact of profound significance. During evolution there has been a superposing of new and more complex sets of means upon older and simpler sets of means, and a superposing of the pleasures accompanying the uses of these successive sets of means, with the result that each of these pleasures has itself eventually become an end. We begin with a simple animal which, without ancillary appliances, swallows such food as accident brings in its way; and so, as we may assume, stills some kind of craving. Here we have the primary end of nutrition with its accompanying satisfaction, in their simple forms. We pass to higher types having jaws for seizing and biting – jaws which thus, by their actions, facilitate achievement of the primary end. On observing animals furnished with these organs, we get evidence that the use of them becomes in itself pleasurable irrespective of the end: instance a squirrel which, apart from food to be so obtained, delights in nibbling everything it gets hold of. Turning from jaws to limbs we see that these, serving some creatures for pursuit and others for escape, similarly yield gratification by their exercise; as in lambs which skip and horses which prance. How the combined use of limbs and jaws, originally subserving the satisfaction of appetite, grows to be in itself pleasurable, is daily illustrated in the playing of dogs. For that throwing down and worrying which, when prey is caught, precedes eating, is, in their mimic fights, carried by each as far as he dares. Coming to means still more remote from the end, namely, those by which creatures chased are caught, we are again shown by dogs that when no creature is caught there is still a gratification in the act of catching. The eagerness with which a dog runs after stones, or dances and barks in anticipation of jumping into the water after a stick, proves that apart from the satisfaction of appetite, and apart even from the satisfaction of killing prey, there is a satisfaction in the successful pursuit of a moving object. Throughout, then, we see that the pleasure attendant on the use of means to achieve an end, itself becomes an end.

Now if we contemplate these as phenomena of conduct in general, some facts worthy of note may be discerned – facts which, if we appreciate their significance, will aid us in developing our ethical conceptions.

One of them is that among the successive sets of means, the later are the more remote from the primary end; are, as co-ordinating earlier and simpler means, the more complex; and are accompanied by feelings which are more representative.

Another fact is that each set of means, with its accompanying satisfactions, eventually becomes in its turn dependent on one originating later than itself. Before the gullet swallows, the jaws must lay hold; before the jaws tear out and bring within the grasp of the gullet a piece fit for swallowing, there must be that co-operation of limbs and senses required for killing the prey; before this co-operation can take place, there needs the much longer co-operation constituting the chase; and even before this there must be persisted activities of limbs, eyes, and nose in seeking prey. The pleasure attending each set of acts, while making possible the pleasure attending the set of acts which follows, is joined with a representation of this subsequent set of acts and its pleasure, and of the others which succeed in order; so that along with the feelings accompanying the search for prey, are partially aroused the feelings accompanying the actual chase, the actual destruction, the actual devouring, and the eventual satisfaction of appetite.

A third fact is that the use of each set of means in due order, constitutes an obligation. Maintenance of its life being regarded as an end of its conduct, the creature is obliged to use in succession the means of finding prey, the means of catching prey, the means of killing prey, the means of devouring prey.

Lastly, it follows that though the assuaging of hunger, directly associated with sustentation, remains to the last the ultimate end; yet the successful use of each set of means in its turn is the proximate end – the end which takes temporary precedence in authoritativeness.

§ 59. The relations between means and ends thus traced throughout the earlier stages of evolving conduct, are traceable throughout later stages: and hold true of human conduct, up even to its highest forms. As fast as, for the better maintenance of life, the simpler sets of means and the pleasures accompanying the uses of them, come to be supplemented by the more complex sets of means and their pleasures, these begin to take precedence in time and in imperativeness. To use effectually each more complex set of means becomes the proximate end, and the accompanying feeling becomes the immediate gratification sought; though there may be, and habitually is, an associated consciousness of the remoter ends and remoter gratifications to be obtained. An example will make clear the parallelism.

Absorbed in his business the trader, if asked what is his main end, will say – making money. He readily grants that achievement of this end is desired by him in furtherance of ends beyond it. He knows that in directly seeking money he is indirectly seeking food, clothes, house-room, and the comforts of life for self and family. But while admitting that money is but a means to these ends, he urges that the money-getting actions precede in order of time and obligation, the various actions and concomitant pleasures subserved by them; and he testifies to the fact that making money has become itself an end, and success in it a source of satisfaction, apart from these more distant ends.

Again, on observing more closely the trader's proceedings, we find that though to the end of living comfortably he gets money, and though to the end of getting money he buys and sells at a profit, which so becomes a means more immediately pursued, yet he is chiefly occupied with means still more remote from ultimate ends, and in relation to which even the selling at a profit becomes an end. For leaving to subordinates the actual measuring out of goods and receiving of proceeds, he busies himself mainly with his general affairs – inquiries concerning markets, judgments of future prices, calculations, negotiations, correspondence: the anxiety from hour to hour being to do well each one of these things indirectly conducive to the making of profits. And these ends precede in time and obligation the effecting of profitable sales, just as the effecting of profitable sales precedes the end of money-making, and just as the end of money-making precedes the end of satisfactory living.

His bookkeeping best exemplifies the principle at large. Entries to the debtor or creditor sides are being made all through the day; the items are classified and arranged in such way that at a moment's notice the state of each account may be ascertained; and then, from time to time, the books are balanced, and it is required that the result shall come right to a penny: satisfaction following proved correctness and annoyance being caused by error. If you ask why all this elaborate process, so remote from the actual getting of money, and still more remote from the enjoyments of life, the answer is that keeping accounts correctly is fulfilling a condition to the end of money-making, and becomes in itself a proximate end – a duty to be discharged, that there may be discharged the duty of getting an income, that there may be discharged the duty of maintaining self, wife and children.

Approaching as we here do to moral obligation, are we not shown its relations to conduct at large? Is it not clear that observance of moral principles is fulfillment of certain general conditions to the successful carrying on of special activities? That the trader may prosper, he must not only keep his books correctly, but must pay those he employs according to agreement, and must meet his engagements with creditors. May we not say, then, that conformity to the second and third of these requirements is, like conformity to the first, an indirect means to effectual use of the more direct means of achieving welfare? May we not say, too, that as the use of each more indirect means in due order becomes itself an end, and a source of gratification; so, eventually, becomes the use of this most indirect means? And may we not infer that though conformity to moral requirements precedes in imperativeness conformity to other requirements; yet that this imperativeness arises from the fact that fulfillment of the other requirements, by self or others, or both, is thus furthered?

§ 60. This question brings us round to another side of the issue before raised. When alleging that empirical utilitarianism is but introductory to rational utilitarianism, I pointed out that the last does not take welfare for its immediate object of pursuit, but takes for its immediate object of pursuit conformity to certain principles which, in the nature of things, casually determine welfare. And now we see that this amounts to recognition of that law, traceable throughout the evolution of conduct in general, that each later and higher order of means takes precedence in time and authoritativeness of each earlier and lower order of means. The contrast between the ethical methods thus distinguished, made tolerably clear by the above illustrations, will be made still clearer by contemplating the two as put in opposition by the leading exponent of empirical utilitarianism. Treating of legislative aims, Bentham writes:

"But justice, what is it that we are to understand by justice: and why not happiness but justice? What happiness is, every man knows, because, what pleasure is, every man knows, and what pain is, every man knows. But what justice is – this is what on every occasion is the subject-matter of dispute. Be the meaning of the word justice what it will, what regard is it entitled to otherwise than as a means of happiness."3

Let us first consider the assertion here made respecting the relative intelligibilities of these two ends, and let us afterward consider what is implied by the choice of happiness instead of justice.

Bentham's positive assertion that, "what happiness is every man knows, because, what pleasure is, every man knows," is met by counter-assertions equally positive. "Who can tell," asks Plato, "what pleasure really is, or know it in its essence, except the philosopher, who alone is conversant with realities."4 Aristotle, too, after commenting on the different opinions held by the vulgar, by the political, by the contemplative, says of happiness that, "to some it seems to be virtue, to others prudence, and to others a kind of wisdom: to some again, these, or some one of these, with pleasure, or at least, not without pleasure; others again include external prosperity."5 And Aristotle, like Plato, comes to the remarkable conclusion that the pleasures of the intellect, reached by the contemplative life, constitute the highest happiness!6

How disagreements concerning the nature of happiness and the relative values of pleasures, thus exhibited in ancient times, continue down to modern times, is shown in Mr. Sidgwick's discussion of egoistic hedonism, above commented upon. Further, as was pointed out before, the indefiniteness attending the estimations of pleasures and pains, which stands in the way of egoistic hedonism as ordinarily conceived, is immensely increased on passing to universalistic hedonism as ordinarily conceived; since its theory implies that the imagined pleasures and pains of others are to be estimated by the help of these pleasures and pains of self already so difficult to estimate. And that any one after observing the various pursuits into which some eagerly enter, but which others shun, and after listening to the different opinions concerning the likeableness of this or that occupation or amusement, expressed at every table, should assert that the nature of happiness can be fully agreed upon, so as to render it a fit end for direct legislative action, is surprising.

The accompanying proposition that justice is unintelligible as an end is no less surprising. Though primitive men have no words for either happiness or justice, yet even among them an approach to the conception of justice is traceable. The law of retaliation, requiring that a death inflicted by one tribe on another, shall be balanced by the death either of the murderer or some member of his tribe, shows us in a vague shape that notion of equalness of treatment which forms an essential element in it.

When we come to early races who have given their thoughts and feelings literary form we find this conception of justice, as involving equalness of action, becoming distinct. Among the Jews, David expressed in words this association of ideas when, praying to God to "hear the right," he said, "Let my sentence come forth from thy presence; let thine eyes behold the things that are equal;" as also, among early Christians, did Paul when to the Colossians he wrote, "Masters, give unto your servants that which is just and equal." Commenting on the different meanings of justice, Aristotle concludes that "the just will, therefore, be the lawful and the equal, and the unjust the unlawful and the unequal. But since the unjust man is also one who takes more than his share," etc. And that justice was similarly conceived by the Romans they proved by including under it such meanings as exact, proportionate, impartial, severally implying fairness of division, and still better by identification of it with equity, which is a derivative of æquus: the word æquus itself having for one of its meanings just or impartial.

This coincidence of view among ancient peoples respecting the nature of justice, has extended to modern peoples; who by a general agreement in certain cardinal principles which their systems of law embody, forbidding direct aggressions, which are forms of unequal actions, and forbidding indirect aggressions by breaches of contract, which are other forms of unequal actions, one and all show us the identification of justice with equalness. Bentham, then, is wrong when he says – "But what justice is – this is what on every occasion is the subject-matter of dispute." He is more wrong, indeed, than has thus far appeared. For, in the first place, he misrepresents utterly by ignoring the fact in ninety-nine out of every hundred daily transactions between men, no dispute about justice arises; but the business done is recognized on both sides as justly done. And in the second place if, with respect to the hundredth transaction there is a dispute, the subject matter of it is not "what justice is," for it is admitted to be equity or equalness; but the subject matter of dispute always is what, under these particular circumstances, constitutes equalness? – a widely different question.

It is not then self-evident, as Bentham alleges, that happiness is an intelligible end while justice is not; but contrariwise examination makes evident the greater intelligibility of justice as an end. And analysis shows why it is more intelligible. For justice, or equity, or equalness, is concerned exclusively with quantity under stated conditions; whereas happiness is concerned with both quantity and quality under conditions not stated. When, as in case of theft, a benefit is taken while no equivalent benefit is yielded – when, as in case of adulterated goods bought or base coin paid, that which is agreed to be given in exchange as of equal value is not given, but something of less value – when, as in case of broken contract, the obligation on one side has been discharged while there has been no discharge, or incomplete discharge, of the obligation on the other; we see that, the circumstances being specified, the injustice complained of refers to the relative amounts of actions, or products, or benefits, the natures of which are recognized only so far as is needful for saying whether as much has been given, or done, or allowed, by each concerned, as was implied by tacit or overt understanding to be an equivalent. But when the end proposed is happiness, the circumstances remaining unspecified, the problem is that of estimating both quantities and qualities, unhelped by any such definite measures as acts of exchange imply, or as contracts imply, or as are implied by the differences between the doings of one aggressing and one aggressed upon. The mere fact that Bentham himself includes as elements in the estimation of each pleasure or pain, its intensity, duration, certainty, and proximity, suffices to show how difficult is this problem. And when it is remembered that all pleasures and pains, not felt in particular cases only but in the aggregate of cases, and severally regarded under these four aspects, have to be compared with one another and their relative values determined, simply by introspection; it will be manifest both that the problem is complicated by the addition of indefinite judgments of qualities to indefinite measures of quantities, and that it is further complicated by the multitudinousness of these vague estimations to be gone through and summed up.

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