SigPhi · Johann Fichte

Characteristics Lectures by Fichte

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which, under the guidance of Nature itself, the State is impelled by necessity and by the care for its own pre- servation.

All that I have now set forth in detail is that gradual interpenetration of the Citizen by the State which I have laid down as the political characteristic of our Age; and it is now your business to determine whether such is the actual 238 LECTURE XIV.

238 LECTURE XIV.

state of things at least in those countries where the State has attained the highest degree of Culture, ze. the greatest internal strength, and the greatest amount of commanding influence upon the Christian Republic of Nations. We have explained unequivocally enough, and so as to place our meaning beyond the reach of misconception, that this inter- penetration of the Citizen by the State, and the changing of his whole outward activity into an instrument of the State, is not here made the subject of censure, as it has been by a certain visionary scheme of unrestricted freedom, which sometimes calls itself Philosophy; but, on the contrary, we have shown it to be a necessary purpose of the State and of Nature. We do indeed desire Freedom, and we ought to desire it;—but true Freedom can be obtained only by means of the highest obedience to Law. How it necessarily arises therefrom, we have, I think, clearly shown on two different occasions, in the course of these lectures. And we have not forgotten to show likewise, that the State having once obtained possession of the National Power,—a possession which indeed it will never relinquish,—it will yet not always employ this Power for the narrow and exclusive purpose of its own pre- servation,—a purpose imposed on it only by the faults of the time;—but when that Endless Peace shall be born to which we must surely come at last, it will then direct it towards worthier aims.

The most cultivated State in the European Republic of Nations is in every Age without exception the most active and enterprising; and each State strives most energetically in that Epoch of its existence when it is no longer under the necessity of struggling to main- tain its relative position among other Nations, but now rather endeavours to acquire sufficient strength itself to direct and modify, or even at pleasure to destroy, the general Balance of Power; the latter power being impos- sible without the former;—and these efforts will be the DEVELOPMENT OF THE STATE IN MODERN EUROPE. 239 more profitable for the advancement of Culture the less such a State is favoured by accident, and the more it on. that account requires, and continues to require, the exer- cise of the sagacious policy of increasing and strengthening its internal resources, A State which has yet anxiously to struggle for the maintenance of Equilibrium must be de- ficient in internal Freedom and Independence, and in all its proceedings must be too frequently under the necessity of taking into consideration the purposes of neighbouring States. A State which feels itself in possession of secure and undisputed Superiority easily becomes careless; sur- rounded by enterprising competitors it gradually loses its superiority; and it may perhaps require the discipline of grievous disasters to bring it back to the care of its own interests.

In these collective peculiarities of our Age lies the guarantee which Nature herself has given us for the con- tinued excellence of our Governments, and the compulsion which, without our assistance, she exercises for our ad- vantage over the constraining powers of Government.

Throughout Christian Europe almost every independent State now pursues its purpose with all the energy it pos- sesses, and the means both of internal and external aggran- dizement are not unknown. In this general struggle of Powers, itis necessary that no advantage should be allowed to escape, for in that case some neighbour would surely seize upon it at once, and besides depriving us of it would assuredly employ it against us;—that no single maxim of good Government,and no possible branch of Administration should be overlooked, for it is also a maxim of our neighbour to take every possible advantage of our neglect. In this contest that State which does not move onwards falls behind, and declines more and more, until at length it loses its Political Independence altogether, becomes in the first place a mere make-weight to some other State in the general Balance of Power, and is ultimately broken up into 240 LECTURE XIV.

provinces under the dominion of Foreign States. Every Political Error carries with it the punishment of ultimate ruin unless the neighbouring States are equally unwise; and the State that would not meet destruction must avoid such Errors.

But should it be unwise and fallinto Error? JTask, in return, where then is the Fatherland of the truly culti- vated Christian European? In general it is Europe;— in particular it is that State in Europe which occupies the highest rank of Culture. The State which commits a fatal Error must indeed fall in course of time, and therefore cease to hold this rank. But although it falls and must fall,—nay, on this very account,—others arise, and among them one especially which now occupies the rank which the other held before. Let then mere Earth- born men, who recognise their Fatherland in the soil, the rivers, and the mountains, remain Citizens of the fallen State—they retain what they desire, and what constitutes their happiness;—the Sun-like Spirit, irre- sistibly attracted, will wing its way wherever there is Light and Liberty. And in this cosmopolitan frame of mind we may look with perfect serenity on the actions and the fate of Nations, for ourselves and our successors, even to the end of Time.

( 241 ) LECTURE XV.

PUBLIC MORALITY OF THE PRESENT AGE.

WE begin this lecture with a remark, which properly closes the inquiry we brought to a termination in our last address, and opens that which we have to enter upon to- day, and is thus the point of transition from the one to the other;—a remark, the import of which we have all along tacitly assumed, but which we now desire clearly and distinctly to set forth.

From Christianity we have deduced the whole character of Modern Time, and the form and manner of the de- velopment of this character. But everything which becomes the Principle of Phenomena is, on that very account, lost in the Phenomena themselves; becomes invisible to mere outward sense, and is only recognisable to the piercing eye of reflection. Thus in so far as Christianity has become a true Principle, it is no longer present in clear consciousness to the men of the Age; on the contrary, that which they regard as Christianity has, precisely on that account, never become a Principle, nor is it truly accepted and received into the inward, essential, and peculiar Life of the Age. Christianity was to us synonymous with the. One True Religion; and we carefully distinguished it from the various acci- _ dental modifications which this True Religion received ha 242 LECTURE XV.

at the time of its first appearance in the world. In so far as the consequences of these accidental modifications have taken firm root in the actual condition of the Human Race,—and we have already shown how far this has taken place in the existing Constitution of the European Repub- lic of States,—in so far are their true sources no longer known or recognised, and that is frequently ascribed to chance which is the result of Christianity.

It could not be otherwise with those relations of the Human Race which lie beyond the jurisdiction of the State. To mention that which ranks highest among these after Religion,—Science;—and to instance that branch of it which has at all times had the most powerful influence on the form of the whole domain of Science, and has, tacitly at least, and apparently with justice,assumed the legislative function in that domain,— Philosophy;—by what has the love of Philosophy in modern times been kindled but by Christianity? what has been the highest and ultimate task of Philosophy but thoroughly to explore and even to rectify the Christian Doctrine?—by what means has Phi- losophy, in all its shapes, acquired its most wide-spread influence, and, emerging from the narrow circle of its own disciples, flowed forth over the whole Human Race, but by means of the Symbols of Religion and in the communication of this Religion to the People? In all Modern Times the present history of Philosophy has been the future history of Religious Symbols, Both proceed in the same course towards a higher purity and an original harmony; and the Religious Teacher is thus the permanent Interpreter between the learned and the unlearned Public. Thus has the whole of Modern Philosophy directly, and by means of it the whole form of Science indirectly, been the creation of Christianity;—and this is also the case with other elements of civilization;—so that it may be found that the One Permanent and Immutable Element in the perpetual current of Modern Time is Christianity, PUBLIC MORALITY OF THE PRESENT AGE. 243 in its pure, unchangeable form; and that this alone shall remain so to the end.

In pursuance of the plan which we have formerly indi- cated, we have to-day to set forth the character of the General and Public Manners of the Present Age. After what has been previously said, you will not be surprised if here again we revert to Christianity, as the principle of all Public Manners in Modern Times.

In the first place, what is meant by Manners? and in what sense do we use this word? To us, and according to our opinion, in every intelligible use of language, it signifies, —-the accustomed Principles which regulate the mutual inter- course and reciprocal influence of men, and which have be- come a second nature throughout the whole domain of Culture, but on that very account are not distinctly recognised in Consciousness. The Principles, we have said;— and therefore by no means the fortuitous actual course of conduct, determined, it may be, by mere accidental cir- cumstances; but, on the contrary, that concealed Prin- ciple of conduct which always remains the same, the existence of which we always presuppose in Man when- ever left to his own instincts, and from which we can, with so much apparent certainty, calculate beforehand the course of conduct which will be its necessary result. The Principles, I said, which have become a second nature, but on that very account are not distinctly recognised in Consciousness:—and hence there are to be excepted from this definition, all those impulses and motives influencing the general course of conduct which are founded upon Freedom, — the inward impulse of Morality, as well as the outward motive of Law;—whatever Man must first consider and then freely resolve upon does not falk within the category of Manners. In so far as a fixed standard of Manners may be ascribed to an Age, in so far is it to be regarded as an unconscious instrument of the Spirit of the Time.

D4 LECTURE XV.

We have already ascribed to the introduction of the Equality of all Men before the tribunal of Right, and before a Legislation which should discover’ with cer- tainty every transgression and with equal certainty inflict the threatened punishment,—which Legislation has only been introduced in Modern Times through the influence of Christianity,—we have ascribed, I say, to such a Legislation a most important and highly beneficial in- fluence upon the Manners of the Citizens. Were every inward temptation to injustice towards others,—so we casually expressed ourselves——were every such inward temptation crushed, even in its birth, by the conscious- ness that no other result could follow this course but certain punishment and loss, then would the People gradually lose the habit of even entertaining thoughts of injustice, or of exhibiting such desires even by the most trifling outward manifestation:—all would appear virtuous; although it were yet only the menaces of Law. which scared back evil desire to the most secret recesses of the heart; the remembrance of these menaces would have become a part of the Manners of the People, and thus it would have likewise become a part of such Manners to give way to no thought of injustice. These Manners, as merely restraining from evil but not as yet impelling towards good behaviour, would be negatively good; ie. they would not be Bad Manners,—and their production would be the negative influence of Legislation, and through it of Christianity, upon Public Morality.

This influence of Legislation upon Manners is necessary and infallible:—If in no case any advantage is to be ex- pected from injustice, but at all times only loss and de- triment?—then no one, if he but love himself and seek his own welfare, can desire to be unjust. Should this influence upon Manners fail to show itself to the antici- pated extent in actual and really efficient Legislation, then we should have to inquire whether this defect does PUBLIC MORALITY OF THE PRESENT AGE. 245 not arise from some existing uncertainty as to the execu- tion of the Law; either because the guilty may with great probability hope to remain undiscovered, or because the course of Justice and of Judicial Inquiry and Evidence is intricate and obscure, and presents many opportunities of escape. In this case, the subject of temptation might thus argue with himself:—‘Ten others, or more perhaps around me, have done this thing and go unpunished; why should I, the eleventh, be discovered?’?—or thus: ‘I my-. self have done this thing already ten times; let me ven- ture it again this eleventh time. Should I unfortunately be discovered, I have already the gain of ten to set against the loss of one;’—and no exception could be taken to this mode of reckoning. In the first case, the probability of no accusation being made would indicate a want of strict surveillance despite the good Legislation; in the second case, the hope of escaping conviction, even should an accu- sation take place, would indicate a deficiency in the re- quisite number of acute and sharp-sighted judges. In both cases, our next task would be to discover the cause of this deficiency; for example——whether it did not arise out of the necessity which we have already described of the State employing all its powers directly for its outward protection; and whether such a State, were the augmen- tation of its Police or the improvement of its system of Judicial Inquiry demanded of it, would not be forced to lament its inability to provide the means for the accom- plishment of these purposes. In this case, it would be necessary to represent to such a Government that inward security and strength is yet more important than outward, and that the former is the firmest foundation for the latter; that the means for the attainment of the former must first be provided, before there should be any question of the latter condition: and should we not dare to make these representations to the State, and were still less able to enforce our views upon its attention, it were at least 246 LECTURE XV.

much to be desired that internal disorder, carried to the highest extreme, and the frustration of its most cherished and well-considered schemes by means of this disorder, should force it to return to the path of Wisdom.

It may be remarked, with reference to Judicial Proce- dure, that whatever respect may be due to the endea- vour absolutely to prevent the possibility of an innocent person being convicted, and although this endeavour must never cease to be made; yet the opposite duty,—to take care that no guilty person remain undiscovered and un- punished,—is by no means a less important task; that there is nothing to hinder the solution of both;—nay, that without the solution of the latter that of the former cannot be attained, but on the contrary that, in such a case, the State would be found hindering and obstructing the ac- complishment of its own purposes.

At this point, I, as an individual, have nothing further to say, but you yourselves must judge how far this influ- ence of Legislation upon Manners has actually proceeded in Europe, and particularly in those parts of Europe where the State is most thoroughly cultivated; wherein the de- fect, if defect there be, consists; and thus in what. direc- tion the New Age must proceed in its onward course.

But be it as it may with this influence of Legislation upon the negative side of Public Morality, yet Public Manners, wherever they exist, in turn exert a powerful influence upon the State, and upon the mode and form of its Legislation. This, which we shall immediately prove, being presupposed, it is obvious that a course of action thus directed, adopted by the State in its Legislation, is itself but a part of the Morality of the Age, since it pro- ceeds solely from the Manners of the Citizens, and is determined by.them and not by Legislation as such; and, —since in that case it does not even restrain the State from injustice, such injustice being already wholly incon- sistent with Legislation, but only guides this Legislation PUBLIC MORALITY OF THE PRESENT AGE. 247 into a different course,—it thus becomes the positive Mo- vality of the State. Positive Good Manners, however, consist herein, that in every individual we recognise and honour the representative of the Human Race. This Morality, I said, is made possible for the State, in the way of its Legislation, by means of the negative Good Manners of its Citizens. Thus, we may lay down the following as the permanent fundamental principle of Cri- minal Legislation:—The more certain it is that punish- ment will follow crime, and the more the Manners of the Nation are formed upon this certainty, so much the milder and more humane may punishment itself be made. This amelioration, however, is not on account of the transgressor, for whom as such the State has no ulterior regard; but it is on account of the Race whose image he still bears in his person.

For example:—He who is accustomed to consider this matter not superficially, but in its profounder aspects, will unquestionably admit that an individual may become so dangerous to society that it is impossible for the State thoroughly to protect society from his aggressions without removing him from the world. It will, however, be like- wise admitted—unless indeed we were to proceed upon the barbarous Mosaic principle-—‘ an eye for an eye, and a tooth for a tooth, —it will, I say, be admitted that the State ought to adopt this method only in cases of extreme necessity, and where there is actually no other course avail- able; for the transgressor still remains a member of the Race, and as such possesses the right to live as long as he can for the purpose of self-improvement. But admitting this course to be necessary in particular cases, yet for the Government to employ a pompous ceremonial in the execution of the condemned, to sharpen the agonies of death by torments, to expose the remains of the dead in a disgusting public spectacle, is at most only to be justified where the great mass of the Nation stand in need of such frightful 248 LECTURE XV.

248 LECTURE XV.

exhibitions, in order that they may be rendered less prone to deeds of horror upon otber occasions. In a cultivated Age, not addicted to bloodshed, it would, in our opinion, be sufficient if the death-judgment were only pronounced in public, but carried into effect in secrecy and silence; and thereafter, the body left open to inspection, so that any one who desired to do so might convince himself that the sentence had been actually completed. In short, the more civilized a People be- comes, the punishment of death, and generally all pun- ishments, must become milder and less frequent among them.

This gradual amelioration of Criminal Legislation, we have said, is rendered possible to the State, by means of the improvement of Manners among the People. But, after this possibility has been created, what shall move and impel the State actually to realize that which has thus merely become possible? I answer: The general opinion of Europe, as well as, in particular, the voice of its own Citizens. Until it has become a part of Public Manners to recognise and honour in each individual man the representative of the Race, the People are yet disposed to deeds of violence, and must be held in check by means of severe and, in part, terrible punishments. After this principle has entered into Public Manners, and consequently deeds of violence have become less frequent, it can no longer be endured that any one who bears the human form, what- ever offence he may have committed, should be tortured as an exhibition to the crowd; the civilized man turns away his eyes with horror from the spectacle, and the whole world despises, as barbarous, a Government and a Nation which still sanctions such enormities;—and thus the Government is impelled by its own love of honour, as well as that of the Nation, to keep its Criminal Legislation in harmony with the Spirit of the Time, and in so doing itself to adopt Good Manners.

PUBLIC MORALITY OF THE PRESENT AGE. 249 And here once more we have attained a point where I must appeal to your own judgment, and leave it to your- selves to compare the Past with the Present in this respect, to determine at what point our own Age has arrived, and in what direction it must now proceed onwards.

The inquiry which we have thus brought to a close, has afforded us an opportunity of ascertaining and pointing out in what positive public Good Manners consist. They consist in habitually regarding each individual, without ex- ception, as a member of the Race, and in desiring to be so regarded by him; in treating him as possessing that cha- racter, and in desiring to be so treated by him in return. To regard and to be regarded, to treat and to be treated in return, I have said;—for both are inseparably united, and he who does not desire the latter will not fulfil the former condition. He to whom it is a matter of in- difference what others think of him, and how they treat him, in those matters as to which no course of duty is prescribed by the Law, far from accepting their judgment as the judgment of the Race, despises them and casts them from him as worthy of no consideration. It is in- deed unquestionably true, that any one by his own bad conduct may place others in such a position that they can entertain towards him no feeling save that of most profound contempt, and they would be quite justified in doing so;— but this contempt must not be an original habit of mind; it must be called forth and deserved, and in that case clear conviction takes the place of mere habit.

The chief feature in our conception of Good Manners as above set forth is this,—that every individual, without ex- ception, merely as such, and on account of his bearing the human form, ought, in the event of his not having forfeited this character by his own misdeeds, to be recognised as a member and representative of the Race;—or, in other words, that the Original Equality of all men ought to be the predominant and fundamental idea in all our interta 250 LECTURE XV, course with our fellow-men. Now this Equality of all men is the peculiar principle of Christianity; bence the universal but unconscious dominion of this Christianity, and its acceptance as the essential actuating principle of public life, would be also the foundation of Good Manners, or rather would itself be Good Manners. The unconscious dominion, I have said;—that is, when it should be no longer publicly proclaimed, ‘ Christianity teaches this or that;’—but when the PrincipLe should itself possess a true and living existence within the minds of men, and manifest itself in all their actions.

Now, this presupposed principle has assuredly had a recognised existence in the world since the origin of Christianity, and no man acts in opposition to it because no man has power to do so. ‘Before God we are all Equal, says many a one,—and he readily admits that ir another life we shall actually be placed upon an Equality, because this is a matter beyond his control,—who never- theless himself relies upon the inequality of men in this life, maintains this inequality with all lis power, and endeavours to draw from it the greatest possible ad- vantage to himself. The principle of Equality must therefore be applied to the earthly relations of men, if it is to become the source of true, active Good Manners among them. This can only be effected through the influ- © ence of the Perfect State which penetrates all men in the same manner, each in his own place, and employs them all as its instruments. Thus it is not the mere ideal dominion of Christianity, but the dominion which it acquires by means of the State, and which is realized in the State, which is true Good Manners; and the idea of such Good» Manners may now be further defined in this way:—Each Individual is recognised as, a member of the Race when we regard him as an instrument of the State, and desire to be so regarded by him; when we treat him as such, and desire to be so treated by PUBLIC MORALITY OF THE PRESENT AGE. 251 him in return. We must desire to be so regarded and so treated by him,I have said; but we are not entitled to expect or demand from him any error in this judgment, and therefore we must actually be, and desire to be, instruments of the State, and that to the same extent as he, although it may be in another sphere.

The complete interpenetration of all its members by the State, and therewith the Equality of all men in the State, is first effected by means of the perfect conformity of the Rights of all; and thus perfect Good Manners consist in the supposition of this Equality of Rights, as at least something which ought to come to pass, and which must come to pass;—in acting towards every man as if this must be the case, and likewise in desiring to be treated in return upon this supposition, and not otherwise. It is thus clear that Inequality of Rights is the true source of Bad Manners; and the tacit assumption that we must continue in this state of Inequality is itself Bad Manners.