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第4章

introduction to the metaphysic of morals-第4章

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nature; with the means of propagating; spreading; and strengthening

the moral principles… as by the education of the young and the

instruction of the people… and all other such doctrines and precepts

founded upon experience and indispensable in themselves; although they

must neither precede the metaphysical investigation of the

principles of reason; nor be mixed up with it。 For; by doing so; there

would be a great danger of laying down false; or at least very

flexible moral laws; which would hold forth as unattainable what is

not attached only because the law has not been comprehended and

presented in its purity; in which also its strength consists。 Or;

otherwise; spurious and mixed motives might be adopted instead of what

is dutiful and good in itself; and these would furnish no certain

moral principles either for the guidance of the judgement or for the

discipline of the heart in the practice of duty。 It is only by pure

reason; therefore; that duty can and must be prescribed。

  The higher division of philosophy; under which the division just

mentioned stands; is into theoretical philosophy and practical

philosophy。 Practical philosophy is just moral philosophy in its

widest sense; as has been explained elsewhere。* All that is

practicable and possible; according to natural laws; is the special

subject of the activity of art; and its precepts and rules entirely

depend on the theory of nature。 It is only what is practicable

according to laws of freedom that can have principles independent of

theory; for there is no theory in relation to what passes beyond the

determinations of nature。 Philosophy therefore cannot embrace under

its practical division a technical theory; but only a morally

practical doctrine。 But if the dexterity of the will in acting

according to laws of freedom; in contradistinction to nature; were

to be also called an art; it would necessarily indicate an art which

would make a system of freedom possible like the system of nature。

This would truly be a Divine art; if we were in a position by means of

it to realize completely what reason prescribes to us; and to put

the idea into practice。



  *In the Critique of Judgement (1790)。





         III。 THE DIVISION OF A METAPHYSIC OF MORALS。



  All legislation; whether relating to internal or external action;

and whether prescribed a priori by mere reason or laid down by the

will of another; involves two elements: First; a law which

represents the action that ought to happen as necessary objectively;

thus making the action a duty; second; a motive which connects the

principle determining the will to this action with the mental

representation of the law subjectively; so that the law makes duty the

motive of the action。 By the first element; the action is

represented as a duty; in accordance with the mere theoretical

knowledge of the possibility of determining the activity of the will

by practical rules。 By the second element; the obligation so to act is

connected in the subject with a determining principle of the will as

such。 All legislation; therefore; may be differentiated by reference

to its motive…principle。* The legislation which makes an action a

duty; and this duty at the same time a motive; is ethical。 That

legislation which does not include the motive…principle in the law;

and consequently admits another motive than the idea of duty itself;

is juridical。 In respect of the latter; it is evident that the motives

distinct from the idea of duty; to which it may refer; must be drawn

from the subjective (pathological) influences of inclination and of

aversion; determining the voluntary activity; and especially from

the latter; because it is a legislation which has to be compulsory;

and not merely a mode of attracting or persuading。 The agreement or

non…agreement of an action with the law; without reference to its

motive; is its legality; and that character of the action in which the

idea of duty arising from the law at the same time forms the motive of

the action; is its morality。



  *This ground of division will apply; although the action which it

makes a duty may coincide with another action that may be otherwise

looked at from another point of view。 For instance; actions may in all

cases be classified as external。



  Duties specially in accord with a juridical legislation can only

be external duties。 For this mode of legislation does not require that

the idea of the duty; which is internal; shall be of itself the

determining principle of the act of will; and as it requires a

motive suitable to the nature of its laws; it can only connect what is

external with the law。 Ethical legislation; on the other hand; makes

internal actions also duties; but not to the exclusion of the

external; for it embraces everything which is of the nature of duty。

And just because just because ethical legislation includes within

its law the internal motive of the action as contained in the idea

of duty; it involves a characteristic which cannot at all enter into

the legislation that is external。 Hence; ethical legislation cannot as

such be external; not even when proceeding from a Divine will;

although it may receive duties which rest on an external legislation

as duties; into the position of motives; within its own legislation。

  From what has been said; it is evident that all duties; merely

because they are duties; belong to ethics; and yet the legislation

upon which they are founded is not on that account in all cases

contained in ethics。 On the contrary; the law of many of them lies

outside of ethics。 Thus ethics commands that I must fulfil a promise

entered into by contract; although the other party might not be able

to compel me to do so。 It adopts the law (pacta sunt servanda) and the

duty corresponding to it; from jurisprudence or the science of

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 e

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