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22
The line which separates the dominions of the Legislator from those
of the Deontologist is tolerably distinct & obvious. Where legal
rewards & punishments and those cease to interfere with human actions, – there
the precepts of morality come in with their influences. The conduct which is
not given over to the judici Tribunals of the State for judgment – belongs
to the Tribunals of opinion. There are a variety of acts in which
judicial punishment would be unprofitably wasted, but which may
be safely & properly given over to extra-official punitory visitations.
Of conduct injurious to the community a large portion necessarily escapes
the cognition and the visitation of penal castigation Law, – while it falls
under the observation & is submitted to the award of the more extensive
& penetrating cognizance of popular retribution. Thus the crimes
which to are recognised by the penal code if they escape detection – or punishment whether from want of sufficient evidence or any
other cause are not subject may be brought into the field of
Deontology. But it is not of these that it is proposed to treat.
It is desirable, no doubt to sho widen the field of moral, & to narrow that of crimes political action.
Legislation has intruded rather too far into the a territory which
does not belong to it. It has frequently interfered with actions
when its interference has only produced a balance of evil
& what is worse it has interfered with opinions particularly on religious topics
where its interferences have been in the highest degree pernicious.
In a word Deontology – or Private Ethics may be considered the
science by which happiness is created out of motives extra-legislatorial
– while Jurisprudence is the Science by which Law is applied
to the production of felicity.
Identifier: | JB/015/152/001 "JB/" can not be assigned to a declared number type with value 15.
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sir john bowring |
c wise 1829 |
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