The sun., 1908-01-19

III.
Most ethical writer's conceive the main
question in morals to be. What Is right,
or What is right conduct Mr.. Carter
would not disparage tho importance OF
this inquiry, but he suggests that human
progress has been begun and been carried
forward TO q high point without obtaining
an answer to this question, indeed with
out asking it. The simple process has
been to observe the consequences OF con-
duct and to adopt such action ss seemed
to be productive OF happiness. In Mr..
Carter's opinion. we may rest in conf
dence that those lines Of conduct which
conduce to what men in general feel TO be
happiness cannot be otherwise than In
accordance with the profoundest conclu-
sions as to the ultimate highest good.
Il seemed to Mr.. Carter that a crowning
influence in the improvement Of human
conduct comes from the development OF
the intellect. Though We may not be able
to comprehend the cOsmical plan and the
ultimate aim to which all else Is subservient,
we may be able--nay, We know that We are
able-to conceive OF .somsthing better
than We see. We may Imagine a possible
world fairsr than the actual world. -As we
observe happiness to how from different
lines Of conduct and from many different
actions. We abstract from them the COM
mon quality which is the cause OF the benefi-
cent effect and give IL a name. We thus
form the abstract conceptions Of kindness.
gentleness. truth. charity. duty. justice,
liberty. and come to cherish these qualities
for the happiness they conduce to bring.
and even to love them for their own sake"
II 10 these ideals which furnish the stimu-
lus that leads 10 higher forms Of conduct
They have their homo in thought. the
formation and guide OF action. They are
first developed among the more cultivated
and enlightened. who are looked up 70 and
initiated and whose influence hows down
through all ranks Of society, until manners
and morals rise In response. These ideals
become the themes OF literature and the
inspiration OF art. They create the quali-
ties we admire In the hero. tho patriot
and the philanthropist. They are offended
by everything low and mean and Rratified
by the display OF every virtue.
How, asks Mr.. Carter, is the improve
ment thus produced In conduct reflected
or reproduced in the law? That it must
be 30 reproduced is certain. for 1t by de-
grees becomes customary, and custom N
law. The principal agents of rejecting
custom In law are manifest. The FIRST and
most important agency is that Of the judicial
tribunal. Judges are, by appointment and
tradition, experts in ascertaining and de-
claring the customs OF life. Az the higher
forms OF conduct become customary they
pervade all social and business existence.
Conformity with them is mutually expected
by the parties to all transactions. and II
disputes arise il is because this expectation
has been disappointed, and it is the Offioe
Of the judicial expert to declare and eaforcs
the fair expectation. The EXPERT is also
Al oNeaplar and teacher. Judges are or
should be the mos enlightened of all citi-
zens. The study Of justice leads to the love
OF justice, and thus Judges are or should
be the first to recognize and sanction the
improving customs Of lie. Here, says Mr..
Carter -is the process by which the un
written Privnte law recognizes the advance
In morals and manners ard Afixes upou
advancing forms Of custom the authenti-
Gated stamp Of public approval. There ia
no head or topic In the law In which thi.
process In not Observable
TIE author Of these lectures takes bv
way OF example the Law Of sale. An SAriy