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making a wrong use of it. I must respect also their affections (family, &c.) which form part of themselves; their bodies; their goods, whether acquired by labour or heritage. All these duties are summed up in the one great duty of Justice or respect for the rights of others; of which the greatest violation is slavery.

The whole of duty towards others is not however comprehended in justice. Conscience complains, if we have only not done injustice to one in suffering. There is a new class of duties-consolation, charity, sacrifice- to which indeed correspond no rights, and which therefore are not so obligatory as justice, but which cannot be said not to be obligatory. From their nature, they cannot be reduced to an exact formula; their beauty lies in liberty. But in charity, he adds, there is also a danger, from its effacing, to a certain extent, the moral personality of the object of it. In acting upon others, we risk interfering with their natural rights; charity is therefore to be proportioned to the liberty and reason of the person benefited, and is never to be made the means of usurping power over another.

Justice and Charity are the two elements composing social morality. But what is social? and on what is Society founded, existing as it does everywhere, and making man to be what he is? Into the hopeless question of its origin he refuses to enter; its present state is to be studied by the light of the knowledge of human nature. Its invariable foundations are (1) the need we have of each other, and our social instincts, (2) the lasting and indestructible idea and sentiment of right and justice. The need and instinct, of which he finds many proofs, begin society; justice crowns the work. The least consideration of the relations of man to man, suggest the essential principles of Society-justice, liberty, equality, government, punishment. Into each of these he enters. Liberty is made out to be assured and developed in society, instead of diminished. Equality is established upon the character of moral personality, which admits of no degree. The need of some repression upon liberty, where the liberty of others is trenched upon, conducts to the idea of Governmenta disinterested third party armed with the necessary power to assure and defend the liberty of all. To government is to be ascribed, first its inseparable function of protecting the common liberty (without unnecessary repression), and next, beneficent action, corresponding to the duty of charity. It requires, for its guidance, a rule superior to itself, i.e., law, the expres

sion of universal and absolute justice. Here follows the usual distinction of positive and natural law. The sanction of law is punishment; the right of punishing, as was seen, depending on the idea of demerit. Punishment is not mere vengeance, but the expiation by the criminal of violated justice; it is to be measured therefore chiefly by the demerit and not by the injury only. Whether, in punishing, allowance should be made for correction and amelioration, is to put the same case over again of charity coming in after justice.

Here the philosopher stops on the threshold of the special science of politics. But already the fixed and invariable principles of society and government have been given, and, even in the relative sphere of politics, the rule still holds that all forms and institutions are to be moulded as far as possible on the eternal principles supplied by philosophy.

The following is a summary of Cousin's views:

I.-The Standard is the judgment of good or evil in actions. Cousin holds that good and evil are qualities of actions independent of our judgment, and having a sort of objective existence.

II.-The Moral Faculty he analyzes into four judgments: (1) good and evil; (2) obligation; (3) freedom of the will; and (4) merit and demerit. The moral sentiment is the emotions connected with those judgments, and chiefly the feeling connected with the idea of merit. [This analysis is obviously redundant. 'Good' and 'evil' apply to many things outside ethics, and to be at all appropriate, they must be qualified as moral (i.e., obligatory) good and evil. The connexion between obligation and demerit has been previously explained.]

III.-In regard to the Summum Bonum, Cousin considers that virtue must bring happiness here or hereafter, and vice, misery.

IV. He accepts the criterion of duties set forth by Kant. He argues for the existence of duties towards ourselves. V. and VI. require no remark.

THÉODORE SIMON JOUFFROY. [1796-1842.]

In the Second Lecture of his unfinished Cours de Droit Naturel, Jouffroy gives a condensed exposition of the Moral Facts of human nature from his own point of view.

What distinguishes, he says, one being from another, is its Organization; and as having a special nature, every creature has

EVERY BEING HAS ITS SPECIAL END.

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a special end. Its end or destination is its good, or its good consists in the accomplishment of its end. Further, to have an end implies the possession of faculties wherewith to attain it; and all this is applicable also to man. In man, as in other creatures, from the very first, his nature tends to its end, by means of purely instinctive movements, which may be called primitive and instinctive tendencies of human nature; later they are called passions. Along with these tendencies, and under their influence, the intellectual faculties also awake and seek to procure for them satisfaction. The faculties work, however, at first, in an indeterminate fashion, and only by meeting obstacles are driven to the concentration necessary to attain the ends. He illustrates this by the case of the intellectual faculty seeking to satisfy the desire of knowledge, and not succeeding until it concentrates on a single point its scattered energies. This spontaneous concentration is the first manifestation of Will, but is proved to be not natural from the feeling of constraint always experienced, and the glad rebound, after effort, to the indeterminate condition. One fact, too, remains even after everything possible has been done, viz., that the satisfaction of the primitive tendencies is never quite complete.

When, however, such satisfaction as may be, has been attained, there arises pleasure; and pain, when our faculties fail to attain the good or end they sought. There could be action, successful and unsuccessful, and so good and evil, without any sensibility, wherefore good and evil are not to be confounded with pain and pleasure; but constituted as we are, there is a sensible echo that varies according as the result of action is attained or not. Pleasure is, then, the consequence, and, as it were, the sign of the realization of good, and pain of its privation.

He next distinguishes Secondary passions from the great

primary tendencies and passions. These arise apropos of external objects, as they are found to further or oppose the satisfaction of the fundamental tendencies. Such objects are then called useful or pernicious. Finally, he completes his account of the infantile or primitive condition of man, by remarking that some of our natural tendencies, like Sympathy, are entirely disinterested in seeking the good of others. The main feature of the whole primitive state is the exclusive domination of passion. The will already exists, but there is no liberty; the present passion triumphs over the future, the stronger over the weaker.

He now passes to consider the double transformation of this original state, that takes place when reason appears. Reason is the faculty of comprehending, which is different from knowing, and is peculiar to man. As soon as it awakes in man, it comprehends, and penetrates to the meaning of, the whole spectacle of human activity. It first forms the general idea of Good, as the resultant of the satisfaction of all the primary tendencies, and as the true End of man. Then, comprehending the actual situation of man, it resolves this idea into the idea of the greatest possible good. All that conduces to the attainment of this good, it includes under the general idea of the Useful; and finally, it constructs the general idea of Happiness out of all that is common to the agreeable sensations that follow upon the satisfaction of the primary tendencies.

But besides forming these three perfectly distinct ideas, and exploring the secret of what has been passing within, the reason also comprehends the necessity of subjecting to control the faculties and forces that are the condition of the greatest satisfaction of human nature. In the place of the merely mechanical impulsion of passion, which is coupled with grave disadvantages, it puts forward, as a new principle of action, the rational calculation of interest. The faculties are brought into the service of this idea of the reason, by the same process of concentration as was needful in satisfying the passions; only now voluntarily instead of spontaneously. Being an idea instead of a passion, the new principle supplies a real motive, under whose guidance our natural power over our faculties is developed and strengthened. All partial ends are merged in the one great End of Interest, to which the means is selfcontrol. The first great change thus wrought by reason is, that it takes the direction of the human forces into its own hand, and although, even when by a natural transformation the new system of conduct acquires all the force of a passion, it is not able steadily to procure for the idea of interest the victory over the single passions, the change nevertheless abides. To the state of Passion has succeeded the state of Egoism.

Reason must, however, he thinks, make another discovery before there is a truly moral state-must from general ideas rise to ideas that are universal and absolute. There is no real equation, he holds, between Good and the satisfaction of the primitive tendencies, which is the good of egoism. Not till the special ends of all creatures are regarded as elements

IDEA OF UNIVERSAL ORDER.

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of one great End of creation, of Universal Order, do we obtain an idea whose equivalence to the idea of the Good requires no proof. The special ends are good, because, through their realization, the end of creation, which is the absolute Good, is realized; hence they acquire the sacred character that it has in the eye of reason.

No sooner is the idea of Universal Order present to the reason, than it is recognized as an absolute law; and, in consequence, the special end of our being, by participation in its character of goodness and sacredness, is henceforth pursued as a duty, and its satisfaction claimed as a right. Also every creature assumes the same position, and we no longer merely concede that others have tendencies to be satisfied, and consent from Sympathy or Egoism to promote their good; but the idea of Universal Order makes it as much our duty to respect and contribute to the accomplishment of their good as to accomplish our own. From the idea of good-in-itself, i.e., Order, flow all duty, right, obligation, morality, and natural legislation.

He carries the idea of Order still farther back to the Deity, making it the expression of the divine thought, and opening up the religious side of morality; but he does not mean that its obligatoriness as regards the reason is thereby increased. He also identifies it, in the last resort, with the ideas of the Beautiful and the True.

We have now reached the truly moral condition, a state perfectly distinct from either of the foregoing. Even when the egoistic and the moral determination prescribe the same conduct, the one only counsels, while the other obliges. The one, having in view only the greatest satisfaction of our nature, is personal even when counselling benefits to others; the other regarding only the law of Order, something distinct from self, is impersonal, even when prescribing our own good. Hence there is in the latter case dévouement of self to something else, and it is exactly the dévouement to a something that is not self, but is regarded as good, that gets the name of virtue or moral good. Moral good is voluntary and intelligent obedience to the law that is the rule of our conduct. As an additional distinction between the egoistic and the moral determination, he mentions the judgment of merit or demerit that ensues upon actions when, and only when, they have a moral character. No remorse follows an act of mere imprudence involving no violation of universal order.

He denies that there is any real contradiction among the