Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-11-25

Chief Justice Warren re-
Gently proposed the creation
Of a new profession Of cOun-
selOr in ethics to help guide
modern man through difficult
times and to help him discern
the right. The Chief Justices
address, made at an award
dinner Of the Jewish Theo-
logical Seminary in New York,
contains an Illuminating dis
cussi0n Of his conception Of
right and duty. "The Law Be-
yond the Law" he calls it.
This is the main part Of his
address:
We are also sometimes pain
fully aware of the inability Of law
to solve problems Of ethics. A
ship is not q sea: and there are
innumerable facets Of our lives,
with which the law cannot pos
sibly deal. We learned the danger
of trying to confuse what the
people consider the realm Of eth
les with what they consider the
realm Of law in the bitter school
Of experience. during the era Of
prohibition
Not everything which is wrong
can, be outlawed, although every
thing which is outlawed Is, In our
Western conception, wrong. For
many years, legislatures and
courts have endeavored to define
for corporate and Government Of
ficials what constitutes q conflict
between their public responsible
ties and their private interests.
None has yet been able to state
in legal terms rules that will at
the same time afford both free
dom of dynamic action by the in
dividual and protection Of the pub
lie interest. Every law designed
for such a purpose has presumed
and / assume must necessarily
presume that such laws cannot
be effective unless there is law
behind the law; i.e., an ethical
concept on the part Of all who
accept public responsibilities.
In the complexities of civilized
life, we cannot, even in time Of
war, undertake to guide each in
dividual In his moral decisions. In
deed; we feel that we should not.
One of the purposes Of civilized
society is to produce men capable
of making righteous decisions and
adhering to them. To compel ODE
dience in all areas Of life would
be to reduce men to automata,
incapable of making their own
moral decisions and defeating the
very purpose Of civilization itself.
The Scrutiny of Society
We need law to guide us in
areas properly subject to it. We
decide through legal procedures,
legislative, executive and judicial.
how we should conduct ourselves
In the vast areas of life subject
to the scrutiny and power of So
ciety. A father may decide how
his inheritance is to be divided
among his children, and the courts
will generally enforce his will. But
the courts cannot compel his chill
dren to love one another, or even
to behave as though they did. If
courts could compel love, there
would never be divorce. If courts
could compel friendship, there
would hardly be any litigation. If
courts could compel mercy, many
of the evils of our life would
cease to exist.
1t is even more difficult for
courts to deal with problems
which are utterly private. There
is no way in which the legislature
can. outlaw selfishneSs or greed,
or avarice, or cowardice. except in
a few particularly gross nantes
tations. Law may require all of
us to be vaccinated against some
diseases, especially when we are
threatened by an epidemic; but
in general, it has no way Of con-
trolling habits, even those newt
ably leading to disease.
Therefore, society would come
to grief without ethics, which is
unenforceable in the courts, and
cannot be made part of law. II
there were no sense Of love In
families, if there were no sense
of loyalty. If friendship meant
nothing, if we all, or any large
proportion of us were motivated
only by avarice and greed, society
would collapse almost as complete
ly as though it lacked law. Not
only does law in civilized society
presuppose ethical commitment;
1t presuppoSes the existence of a
hrnnd area nf human conduct