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introduction to the metaphysic of morals-第4部分

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right; by which they are established。 It is not in ethics;

therefore; but in jurisprudence; that the principle of the legislation

lies; that 〃promises made and accepted must be kept。〃 Accordingly;

ethics specially teaches that if the motive…principle of external

compulsion which juridical legislation connects with a duty is even

let go; the idea of duty alone is sufficient of itself as a motive。

For were it not so; and were the legislation itself not juridical; and

consequently the duty arising from it not specially a duty of right as

distinguished from a duty of virtue; then fidelity in the

performance of acts; to which the individual may be bound by the terms

of a contract; would have to be classified with acts of benevolence

and the obligation that underlies them; which cannot be correct。 To

keep one's promise is not properly a duty of virtue; but a duty of

right; and the performance of it can be enforced by external

compulsion。 But to keep one's promise; even when no compulsion can

be applied to enforce it; is; at the same time; a virtuous action; and

a proof of virtue。 jurisprudence as the science of right; and ethics

as the science of virtue; are therefore distinguished not so much by

their different duties; as rather by the difference Of the legislation

which connects the one or the other kind of motive with their laws。

  Ethical legislation is that which cannot be external; although the

duties it prescribes may be external as well as internal。 Juridical

legislation is that which may also be external。 Thus it is an external

duty to keep a promise entered into by contract; but the injunction to

do this merely because it is a duty; without regard to any other

motive; belongs exclusively to the internal legislation。 It does not

belong thus to the ethical sphere as being a particular kind of duty

or a particular mode of action to which we are bound… for it is an

external duty in ethics as well as in jurisprudence… but it is because

the legislation in the case referred to is internal; and cannot have

an external lawgiver; that the obligation is reckoned as belonging

to ethics。 For the same reason; the duties of benevolence; although

they are external duties as obligations to external actions; are; in

like manner; reckoned as belonging to ethics; because they can only be

enjoined by legislation that is internal。 Ethics has no doubt its

own peculiar duties… such as those towards oneself… but it bas also

duties in common with jurisprudence; only not under the same mode of

obligation。 In short; the peculiarity of ethical legislation is to

enjoin the performance of certain actions merely because they are

duties; and to make the principle of duty itself… whatever be its

source or occasion… the sole sufficing motive of the activity of the

will。 Thus; then; there are many ethical duties that are directly

such; and the inner legislation also makes the others… all and each of

them… indirectly ethical。

  The deduction of the division of a system is the proof of its

completeness as well as of its continuity; so that there may be a

logical transition from the general conception divided to the

members of the division; and through the whole series of the

subdivisions without any break or leap in the arrangement (divisio per

saltum)。 Such a division is one of the most difficult conditions for

the architect of a system to fulfil。 There is even some doubt as to

what is the highest conception that is primarily divided into right

and wrong (aut fas aut nefas)。 It is assuredly the conception of the

activity of the free…will in general。 In like manner; the expounders

of ontology start from something and nothing; without perceiving

that these are already members of a division for which the highest

divided conception is awanting; and which can be no other than that of

thing in general。





     IV。 GENERAL PRELIMINARY CONCEPTIONS DEFINED AND EXPLAINED。

              (Philosophia practica universalis)。



  The conception of freedom is a conception of pure reason。 It is

therefore transcendent in so far as regards theoretical philosophy;

for it is a conception for which no corresponding instance or

example can be found or supplied in any possible experience。

Accordingly freedom is not presented as an object of any theoretical

knowledge that is possible for us。 It is in no respect a constitutive;

but only a regulative conception; and it can be accepted by the

speculative reason as at most a merely negative principle。 In the

practical sphere of reason; however; the reality of freedom may be

demonstrated by certain practical principles which; as laws; prove a

causality of the pure reason in the process of determining the

activity of the will that is independent of all empirical and sensible

conditions。 And thus there is established the fact of a pure will

existing in us as the source of all moral conceptions and laws。

  On this positive conception of freedom in the practical relation

certain unconditional practical laws are founded; and they specially

constitute moral laws。 In relation to us as human beings; with an

activity of will modified by sensible influences so as not to be

conformable to the pure will; but as often contrary to it; these

laws appear as imperatives commanding or prohibiting certain

actions; and as such they are categorical or unconditional

imperatives。 Their categorical and unconditional character

distinguishes them from the technical imperatives which express the

prescriptions of art; and which always command only conditionally。

According to these categorical imperatives; certain actions are

allowed or disallowed as being morally possible or impossible; and

certain of them or their opposites are morally necessary and

obligatory。 Hence; in reference to such actions; there arises the

conception of a duty whose observance or transgression is

accompanied with a pleasure or pain of a peculiar kind; known as moral

feeling。 We do not; however; take the moral feelings or sentiments

into account in considering the practical laws of reason。 For they

do not form the foundation or principle of practical laws of reason;

but only the subjective effects that arise in the mind on the occasion

of our voluntary activity being determined by these laws。 And while

they neither add to nor take from the objective validity or

influence of the moral laws in the judgement of reason; such

sentiments may vary according to the differences of the individuals

who experience them。

  The following conceptions are common to jurisprudence and ethics

as the two main divisions of the metaphysic of morals。

  Obligation is the necessity of a free action when viewed in relation

to a categorical imperative of reason。 An imperative is a practical

rule by which an action; otherwise contingent in itself; is made

necessary。 It is distinguished from a practical law in that such a

law; while likewise representing the action as necessary; does not

consider whether it is internally necessary as involved in the

nature of the agent… say as a holy being… or is contingent to him;

as in the case of man as we find him; for where the first condition

holds good; there is in fact no imperative。 Hence an imperative is a

rule which not only represents but makes a subjectively contingent

action necessary; and it; accordingly; represents the subject as being

(morally) necessitated to act in accordance with this rule。 A

categorical or unconditional imperative is one which does not

represent the action in any way immediately through the conception

of an end that is to be attained by it; but it presents the action

to the mind as objectively necessary by the mere representation of its

form as an action; and thus makes it necessary。 Such imperatives

cannot be put forward by any other practical science than that which

prescribes obligations; and it is only the science of morals that does

this。 All other imperatives are technical; and they are altogether

conditional。 The ground of the possibility of categorical

imperatives lies in the fact that they refer to no determination of

the activity of the will by which a purpose might be assigned to it;

but solely to its freedom。

  Every action is allowed (licitum) which is not contrary to

obligation; and this freedom not being limited by an opposing

imperative; constitutes a moral right as a warrant or title of

action (facultas moralis)。 From this it is at once evident what

actions are disallowed or illicit (illicita)。

  Duty is the designation of any action to which anyone is bound by an

obligation。 It is therefore the subject…matter of all obligation。 Duty

as regards the action concerned may be one and the same; and yet we

may be bound to it in various ways。

  The categorical imperative; as expressing an obligation in respect

to certain actions; is a morally practical law。 But because obligation

involves not merely practical necessity expressed in a law as such;

but also actual necessitation; the categorical imperative is a law

either of command or prohibition; according as the doing or not

doing of an action is represented as a duty。 An action which is

neither commanded nor forbidden is merely allowed; because there is no

law restricting freedom; nor any duty in respect of it。 Such an action

is said to be morally indifferent (indifferens; adiaphoron; res

merae facultatis)。 It may be asked whether there are such morally

indifferent actions; and if there are; whether in addition to the

preceptive and prohibitive law (lex praeceptiva et prohibitiva; lex

mandati et vetiti); there is also required a permissive law (lex

permissiva); in order that one may be free in such relations to act;

or to forbear from acting; at his pleasure? If it were so; the moral

right in question would not; in all cases; refer to actions that are

indifferent in themselves (adiaphora); for no special law would be

required to establish such a right; 
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