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introduction to the metaphysic of morals-第6部分
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The simplicity of this law; in comparison with the great and
manifold consequences which may be drawn from it; as well as its
commanding authority and supremacy without the accompaniment of any
visible motive or sanction; must certainly at first appear very
surprising。 And we may well wonder at the power of our reason to
determine the activity of the will by the mere idea of the
qualification of a maxim for the universality of a practical law;
especially when we are taught thereby that this practical moral law
first reveals a property of the will which the speculative reason
would never have come upon either by principles a priori; or from
any experience whatever; and even if it had ascertained the fact; it
could never have theoretically established its possibility。 This
practical law; however; not only discovers the fact of that property
of the will; which is freedom; but irrefutably establishes it。 Hence
it will be less surprising to find that the moral laws are
undemonstrable; and yet apodeictic; like the mathematical
postulates; and that they; at the same time; open up before us a whole
field of practical knowledge; from which reason; on its theoretical
side; must find itself entirely excluded with its speculative idea
of freedom and all such ideas of the supersensible generally。
The conformity of an action to the law of duty constitutes its
legality; the conformity of the maxim of the action with the law
constitutes its morality。 A maxim is thus a subjective principle of
action; which the individual makes a rule for himself as to how in
fact he will act。
On the other hand; the principle of duty is what reason
absolutely; and therefore objectively and universally; lays down in
the form of a command to the individual; as to how he ought to act。
The supreme principle of the science of morals accordingly is
this: 〃Act according to a maxim which can likewise be valid as a
universal law。〃 Every maxim which is not qualified according to this
condition is contrary to Morality。
Laws arise from the will; viewed generally as practical reason;
maxims spring from the activity of the will in the process of
choice。 The latter in man is what constitutes free…will。 The will
which refers to nothing else than mere law can neither be called
free nor not free; because it does not relate to actions
immediately; but to the giving of a law for the maxim of actions; it
is therefore the practical reason itself。 Hence as a faculty; it is
absolutely necessary in itself; and is not subject to any external
necessitation。 It is; therefore; only the act of choice in the
voluntary process that can be called free。
The freedom of the act of will; however; is not to be defined as a
liberty of indifference (libertas indifferentae); that; is; as a
capacity of choosing to act for or against the law。 The voluntary
process; indeed; viewed as a phenomenal appearance; gives many
examples of this choosing in experience; and some have accordingly
so defined the free…will。 For freedom; as it is first made knowable by
the moral law; is known only as a negative property in us; as
constituted by the fact of not being necessitated to act by sensible
principles of determination。 Regarded as a noumenal reality;
however; in reference to man as a pure rational intelligence; the
act of the will cannot be at all theoretically exhibited; nor can it
therefore be explained how this power can act necessitatingly in
relation to the sensible activity in the process of choice; or
consequently in what the positive quality of freedom consists。 Only
thus much we can see into and comprehend; that although man; as a
being belonging to the world of sense; exhibits… as experience
shows… a capacity of choosing not only conformably to the law but also
contrary to it; his freedom as a rational being belonging to the world
of intelligence cannot be defined by reference merely to sensible
appearances。 For sensible phenomena cannot make a super…sensible
object… such as free…will is… intelligible; nor can freedom ever be
placed in the mere fact that the rational subject can make a choice in
conflict with his own law…giving reason; although experience may prove
that it happens often enough; notwithstanding our inability to
conceive how it is possible。 For it is one thing to admit a
proposition as based on experience; and another thing to make it the
defining principle and the universal differentiating mark of the act
of free…will; in its distinction from the arbitrium brutum s。
servum; because the empirical proposition does not assert that any
particular characteristic necessarily belongs to the conception in
question; but this is requisite in the process of definition。
Freedom in relation to the internal legislation of reason can alone be
properly called a power; the possibility of diverging from the law
thus given is an incapacity or want of power。 How then can the
former be defined by the latter? It could only be by a definition
which would add to the practical conception of the free…will; its
exercise as shown by experience; but this would be a hybrid definition
which would exhibit the conception in a false light。
A morally practical law is a proposition which contains a
categorical imperative or command。 He who commands by a law (imperans)
is the lawgiver or legislator。 He is the author of the obligation that
accompanies the law; but he is not always the author of the law
itself。 In the latter case; the law would be positive; contingent; and
arbitrary。 The law which is imposed upon us a priori and
unconditionally by our own reason may also be expressed as
proceeding from the will of a supreme lawgiver or the Divine will。
Such a will as supreme can consequently have only rights and not
duties; and it only indicates the idea of a moral being whose will
is law for all; without conceiving of him as the author of that will。
Imputation; in the moral sense; is the judgement by which anyone
is declared to be the author or free cause of an action which is
then regarded as his moral fact or deed; and is subjected to law。 When
the judgement likewise lays down the juridical consequences of the
deed; it is judicial or valid (imputatio judiciaria s。 valida);
otherwise it would be only adjudicative or declaratory (imputatio
dijudicatoria)。 That person… individual or collective… who is invested
with the right to impute actions judicially; is called a judge or a
court (judex s。 forum)。
When any one does; in conformity with duty; more than he can be
compelled to do by the law; it is said to be meritorious (meritum)。
What is done only in exact conformity with the law; is what is due
(debitum)。 And when less is done than can be demanded to be done by
the law; the result is moral demerit (demeritum) or culpability。
The juridical effect or consequence of a culpable act of demerit
is punishment (paena); that of a meritorious act is reward (praemium);
assuming that this reward was promised in the law and that it formed
the motive of the action。 The coincidence or exact conformity of
conduct to what is due has no juridical effect。 Benevolent
remuneration (remuneratio s。 repensio benefica) has no place in
juridical relations。
The good or bad consequences arising from the performance of an
obligated action… as also the consequences arising from failing to
perform a meritorious action… cannot be imputed to the agent (modus
imputation is tollens)。 The good consequences of a meritorious action…
as also the bad consequences of a wrongful action… may be imputed to
the agent (modus imputation is poneus)。
The degree of the imputability of actions is to be reckoned
according to the magnitude of the hindrances or obstacles which it has
been necessary for them to overcome。 The greater the natural
hindrances in the sphere of sense; and the less the moral hindrance of
duty; so much the more is a good deed imputed as meritorious。 This may
be seen by considering such examples as rescuing a man who is an
entire stranger from great distress; and at very considerable
sacrifice。 Conversely; the less the natural hindrance; and the greater
the hindrance on the ground of duty; so much the more is a
transgression imputable as culpable。 Hence the state of mind of the
agent or doer of a deed makes a difference in imputing its
consequences; according as he did it in passion or performed it with
coolness and deliberation。
…THE END…
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