what is property-第53节
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PART FIRST。
％ 1。Of the Moral Sense in Man and the Animals。
The philosophers have endeavored often to locate the line which separates man's intelligence from that of the brutes； and； according to their general custom； they gave utterance to much foolishness before resolving upon the only course possible for them to take；observation。 It was reserved for an unpretending savantwho perhaps did not pride himself on his philosophyto put an end to the interminable controversy by a simple distinction； but one of those luminous distinctions which are worth more than systems。 Frederic Cuvier separated INSTINCT from INTELLIGENCE。
But； as yet； no one has proposed this question：
IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THE BRUTE A DIFFERENCE IN KIND OR ONLY IN DEGREE？
If； hitherto； any one had dared to maintain the latter alternative； his arguments would have seemed scandalous； blasphemous； and offensive to morality and religion。 The ecclesiastical and secular tribunals would have condemned him with one voice。 And； mark the style in which they would have branded the immoral paradox！ 〃Conscience；〃they would have cried；〃conscience； man's chief glory； was given to him exclusively； the notion of justice and injustice； of merit and demerit； is his noble privilege； to man； alone；the lord of creation；belongs the sublime power to resist his worldly propensities； to choose between good and evil； and to bring himself more and more into the resemblance of God through liberty and justice。 。 。 。 No； the holy image of virtue was never graven save on the heart of man。〃 Words full of feeling； but void of sense。
Man is a rational and social animal｛GREEK ‘ c g｝said Aristotle。 This definition is worth more than all which have been given since。 I do not except even M。 de Bonald's celebrated definition；MAN IS AN INTELLECT SERVED BY ORGANSa definition which has the double fault of explaining the known by the unknown； that is； the living being by the intellect； and of neglecting man's essential quality；animality。
Man； then； is an animal living in society。 Society means the sum total of relationships； in short； system。 Now； all systems exist only on certain conditions。 What； then； are the conditions； the LAWS； of human society？
What are the RIGHTS of men with respect to each other； what is JUSTICE？
It amounts to nothing to say；with the philosophers of various schools；〃It is a divine instinct； an immortal and heavenly voice； a guide given us by Nature； a light revealed unto every man on coming into the world； a law engraved upon our hearts； it is the voice of conscience； the dictum of reason； the inspiration of sentiment； the penchant of feeling； it is the love of self in others； it is enlightened self…interest； or else it is an innate idea； the imperative command of applied reason； which has its source in the concepts of pure reason； it is a passional attraction；〃 &c。； &c。 This may be as true as it seems beautiful； but it is utterly meaningless。 Though we should prolong this litany through ten pages （it has been filtered through a thousand volumes）； we should be no nearer to the solution of the question。
〃Justice is public utility；〃 says Aristotle。 That is true； but it is a tautology。 〃The principle that the public welfare ought to be the object of the legislator〃says M。 Ch。 Comte in his 〃Treatise on Legislation〃〃cannot be overthrown。 But legislation is advanced no farther by its announcement and demonstration； than is medicine when it is said that it is the business of physicians to cure the sick。〃
Let us take another course。 RUGHT is the sum total of the principles which govern society。 Justice； in man； is the respect and observation of those principles。 To practise justice is to obey the social instinct； to do an act of justice is to do a social act。 If； then； we watch the conduct of men towards each other under different circumstances； it will be easy for us to distinguish between the presence and absence of society； from the result we may inductively infer the law。
Let us commence with the simplest and least doubtful cases。
The mother； who protects her son at the peril of her life； and sacrifices every thing to his support； is in society with him she is a good mother。 She； on the contrary； who abandons her child； is unfaithful to the social instinct；maternal love being one of its many features； she is an unnatural mother。
If I plunge into the water to rescue a drowning man； I am his brother； his associate； if； instead of aiding him； I sink him； I am his enemy； his murderer。
Whoever bestows alms treats the poor man as his associate； not thoroughly； it is true； but only in respect to the amount which he shares with him。 Whoever takes by force or stratagem that which is not the product of his labor； destroys his social characterhe is a brigand。
The Samaritan who relieves the traveller lying by the wayside； dresses his wounds； comforts him； and supplies him with money； thereby declares himself his associatehis neighbor； the priest； who passes by on the other side； remains unassociated； and is his enemy。
In all these cases； man is moved by an internal attraction towards his fellow； by a secret sympathy which causes him to love； congratulate； and condole； so that； to resist this attraction； his will must struggle against his nature。
But in these respects there is no decided difference between man and the animals。 With them； as long as the weakness of their young endears them to their mothers；in a word； associates them with their mothers；the latter protect the former； at the peril of their lives； with a courage which reminds us of our heroes dying for their country。 Certain species unite for hunting purposes； seek each other； call each other （a poet would say invite each other）； to share their prey； in danger they aid； protect； and warn each other。 The elephant knows how to help his companion out of the ditch into which the latter has fallen。 Cows form a circle； with their horns outward and their calves in the centre； in order to repel the attacks of wolves。 Horses and pigs； on hearing a cry of distress from one of their number； rush to the spot whence it comes。 What descriptions I might give of their marriages； the tenderness of the males towards the females； and the fidelity of their loves！ Let us add； however；to be entirely justthat these touching demonstrations of society； fraternity； and love of neighbor； do not prevent the animals from quarrelling； fighting； and outrageously abusing one another while gaining their livelihood and showing their gallantry； the resemblance between them and ourselves is perfect。
The social instinct； in man and beast； exists to a greater or less degreeits nature is the same。 Man has the greater need of association； and employs it more； the animal seems better able to endure isolation。 In man； social needs are more imperative and complex； in the beast； they seem less intense； less diversified； less regretted。 Society； in a word； aims； in the case of man； at the preservation of the race and the individual； with the animals； its object is more exclusively the preservation of the race。
As yet； we have met with no claim which man can make for himself alone。 The social instinct and the moral sense he shares with the brutes； and when he thinks to become god…like by a few acts of charity； justice； and devotion； he does not perceive that in so acting he simply obeys an instinct wholly animal in its nature。 As we are good； loving； tender； just； so we are passionate； greedy； lewd； and vindictive； that is； we are like the beasts。 Our highest virtues appear； in the last analysis； as blind； impulsive instincts。 What subjects for canonization and apotheosis！
There is； however； a difference between us two…handed bipeds and other living creatureswhat is it？
A student of philosophy would hasten to reply： 〃This difference lies in the fact that we are conscious of our social faculty； while the animals are unconscious of theirsin the fact that while we reflect and reason upon the operation of our social instinct； the animals do nothing of the kind。〃
I will go farther。 It is by our reflective and reasoning powers； with which we seem to be exclusively endowed； that we know that it is injurious； first to others and then to ourselves； to resist the social instinct which governs us； and which we call JUSTICE。 It is our reason which teaches us that the selfish man； the robber； the murdererin a word； the traitor to societysins against Nature； and is guilty with respect to others and himself； when he does wrong wilfully。 Finally； it is our social sentiment on the one hand； and our reason on the other； which cause us to think that beings such as we should take the responsibility of their acts。 Such is the principle of remorse； revenge； and penal justice。
But this proves only an intellectual diversity between the animals and man； not at all an affectional one； for； although we reason upon our relations with our fellows； we likewise reason upon our most trivial actions；such as drinking； eating； choosing a wife； or selecting a dwelling…place。 We reason upon things earthly and things heavenly； there is nothing to which our reasoning powers are
