REESE LIBRARY 
 
 OF THK 
 
 UNIVERSITY OF CALIFORNIA. 
 
THE 
 
 PHILOSOPHY OF CIVILIZATION 
 
 A SOCIOLOGICAL STUDY 
 
 BY 
 
 JAN HELENUS FERGUSON 
 
 Author of " The Red- Cross Alliance at Sea," "Manual of International Law," etc. 
 
 THE HAGUE : LONDON : 
 
 MARTINUS NYHOFF. W. B. WHITTINGHAM & Co. 
 
 HONGKONG : 
 KELLY AND WALSH. (Lim.) 
 
 1889. 
 (All rights reserved by the Author.) 
 
REESE 
 
 PRINTED AT THE PEESBYTERIAN MISSION PRESS, SHANGHAI, CHINA. 
 
<J6>1 
 
 TO 
 
 JAMES LORIMER, LL.D., 
 
 PROFESSOR OF LAW AND JURISPRUDENCE IN 
 
 THE UNIVERSITY OF EDINBURGH, 
 AUTHOR OF "THE INSTITUTES OF LAW," 
 
 ETC., ETC., 
 
 THIS STUDY IS DEDICATED, 
 
 AS AN HUMBLE MARK OF HOMAGE 
 
 TO HIGH INTELLECT AND ERUDITION THAT GUIDE, 
 
 THROUGH CONSCIENCE AND SYMPATHY, 
 
 TO THE GOAL OF RIGHTEOUSNESS. 
 
 109947 
 
PREFACE. 
 
 THIS essay is an attempt toward the organization of the 
 general principles of sociology which are considered to 
 constitute civilization in its broadest sense. 
 
 What the author aimed at was the construction of a 
 system, to serve as a practical guide in the study of his- 
 tory, particularly with regard to the moral development 
 of society, and, at the same time, to serve as a natural 
 standard by which civilization could be tested. 
 
 The best method for judging civilization is to observe 
 the natural development of the human mind in connection 
 with the divers influences acting on this development. 
 This method is followed in the present essay, which, in 
 essence, is a dissertation on Moral-Mental Philosophy 
 based on the theory of Evolution. 
 
 In the following Introductory Notes the necessary 
 exposition is given with regard to the development of the 
 subject-matter treated in the text. This latter has been 
 condensed as much as clearness of statement would allow. 
 
 I embrace this opportunity to bring a special plea to 
 the notice of my readers. Having been compelled, by 
 official duty, to be constantly absent from the place 
 where the printing of this work was going on, the cor- 
 rection of proof-sheets, which came to me, on my journeys 
 in China, in an uncomfortably irregular manner, had to 
 be done in a traveller's mood. I must therefore solicit 
 the indulgence of my readers, with regard to the errors 
 that have been overlooked at the proof-revisions. 
 
 China, 1889. J. H. F. 
 
INTRODUCTORY NOTES. 
 
 THE Introduction is the morphology of the subject, 
 exhibiting its origin, growth and consummation. Here 
 the notions which form the premises of the propositions, 
 and their development to the end aimed at, are 
 concentrated into one focus to establish a standpoint, 
 from which all the statements and conclusions, proposi- 
 tions and theories can be passed in review. To this end 
 it is necessary to give a summary of the subject-matter 
 that is to be developed in the text. This we shall do now, 
 part by part, as briefly as possible, and as explicitly as we 
 can, referring, at the same time, to *fche text for further 
 explanation. 
 
 Philosophy and Science. Science deals with the 
 principles and laws of phenomena. Each separate science 
 points out beyond itself not merely to some other science, 
 but also to some sphere where all sciences must meet if 
 carried out to their utmost consequences. This sphere is 
 the domain of Philosophy. As such, philosophy is the 
 science of sciences. 
 
 There are two main methods of human inquiry in 
 philosophy. 1. We may start with the effects and 
 proceed to find the causes, which is to take phenomena 
 directly from experience and follow them up into their 
 ultimate grounds, and thus reasoning from a part to 
 the whole, or from the particular to the general, from 
 the concrete to the abstract, or from the senses to the 
 
11 INTRODUCTORY NOTES. 
 
 ideas, arrive at the conception of the necessary all- 
 pervading law, through considering the entire empirical 
 finite in the form of an intelligently jointed (articulated) 
 system. This is called the inductive or synthetical 
 method. 2. We may postulate a speculative cause and 
 make out a law by inference, and then proceed to test this 
 law on some phenomena which have come under our 
 experience, bringing down the general into the particular, 
 reasoning from the abstract to the concrete, from the ideas 
 to the senses, affirming of the latter the distinctive quali- 
 ties of the former, and corroborating the former through 
 the latter, thus arriving through deduction at the defini- 
 tion of the system of law or principles. This is called the 
 analytic method. Truth must stand the test of both 
 analysis and synthesis. By applying, a priori , a law, the 
 ascertained result of former induction, to some new 
 phenomenon, the law is tested at the same time as the 
 phenomenon is empirically defined. This proves Sir 
 William Hamilton's assertion that analysis and synthesis 
 are two necessary parts of the same method of philosophy; 
 each is the relative and correlative of the other. 
 
 From the foregoing follows, as Dr. Schwegler puts it, 
 " that philosophy (as the thought totality of the empirical 
 finite) stands to the empirical sciences in a relation of 
 reciprocity, alternately conditioning and conditioned by 
 them." It is especially in connection with newly 
 observed phenomena, which science has not yet quite 
 succeeded in arranging into articulated systems, called 
 laws of nature e.g., the theories of organic evolution, 
 biology and sociology that philosophical speculations 
 must supply the missing links of empirical investigations, 
 
 * Dr. ALBERT SCHWKGLEK : Haiidbook of the History of Philosophy. 
 
INTRODUCTORY NOTES. hi 
 
 to help science over the dead-points of its conclusions. It 
 is, therefore, as idle to expect at any time the completion 
 of philosophy, as to expect the completion of empirical 
 science. Philosophy, exhibiting thought in various stages 
 of development, has no other laws and principles than 
 those according to which the mind thinks, and is thus the 
 natural way to explain and test general scientific, social 
 and political progress or retrogression, for the laws and 
 principles according to which the mind thinks are the 
 same as those according to which the world is constituted. 
 This is Hegel's fundamental philosophical principle, and 
 in accordance with the saying of Pythagoras : " Man is 
 the measure of all things." 
 
 The Philosophy of Civilization. The philosophy 
 which reduces into systems of laws and principles the 
 various phenomena of the social organism based on the 
 biological organism of man, points out also how his mind 
 becomes intellectually and morally developed, and is 
 naturally the same indicator of the laws and principles 
 by which all phenomena in which the human mind is 
 concerned are to be explained. This is the philosophy of 
 civilization, aiming at the systematizing of historical 
 facts connected with the moral and intellectual develop- 
 ment of the human mind, in relation to social organism. 
 
 While the science of Sociology teaches the origin, 
 growth and development of social organisms as concrete 
 physiological phenomena, and the term Political Economy 
 is applied to scientific inquiries into the material branch 
 of social development, depending from the mere intel- 
 lectual organism of the mind i.e., the physico-merital 
 organism (4) the whole range of subjective activities 
 of the mind, and the objective results of these activities, 
 
IV INTRODUCTORY NOTES. 
 
 both moral aud intellectual, is embraced by the Philosophy 
 of Civilization. 
 
 The attempts which have been made to discover the 
 laws of nature which regulate human affairs, i.e., the laws 
 under which social organism grow and develop, have not 
 been in vain, as, among others, is proved by the Philo- 
 sophy of History which prepares the way for the 
 Philosophy of Civilization and its doctrine that the 
 mental and moral progress of the human race is measure- 
 able by a natural standard of civilization, which is 
 universally applicable (42). 
 
 " That the reign of law," says Prof. Flint, " somehow 
 extends over human affairs, that history has not been 
 abandoned to caprice and chance, is not mere anarchy 
 and chaos, but embraced within a system of order, more 
 or less perfect, that amidst all its apparent confusion and 
 incoherence there has been some sort of growth, some sort 
 of development of the mind and spirit of the human 
 race, that events are connected by some determinate 
 relationships, aud that one social state arises out of 
 another to which it retains some correspondence in 
 character is a conviction which every man is likely to 
 bring with him in the study of history." 
 
 Men of cultivated mind must know well that the 
 institutions and conditions of a nation are simply the 
 application of the dominant morality of that nation, and 
 that in every really sound political procedure this domi- 
 nant morality which is the Spirit of Law (described in 
 33) should be constantly kept in view. 
 
 History is the record of facts, indicating the changes 
 which the conditions of men are continually undergoing. 
 
 * Prof. EGBERT FLINT : The Philosophy oj History in Europe, lutroduotkm, p. 2. 
 
INTRODUCTORY NOTES. V 
 
 The Philosophy of History is the mhT|ivi;iii<>n of these 
 facts how they have come to be what they are, and what 
 their relations are to the general development of other facts; 
 the what, how, and why of changes, i.e., the causes and 
 effects of historical events ; while the Philosophy of 
 Civilization reduces these causes and effects of the events 
 in the history of mankind, into a system of sociological 
 phenomena arid shows their connection with the moral 
 and intellectual development of the human mind. 
 
 The Moral Law of Nature. The Moral Element 
 in Nature. " The intention of Moral Philosophy," says, 
 Hutcheson, " is to direct men to that course of action 
 which tends most effectually to promote their greatest 
 happiness and perfection, as far as it can be done by 
 observations and conclusions discoverable from the con- 
 stitution of nature. These maxims or rules of conduct are 
 therefore reputed as laws of nature, and the system or 
 collection of them is called the Law of Nature"' The 
 constitution of nature, on which Moral Philosophy is based 
 is the constitution of the human mind, and the name 
 of Moral Law of Nature is applied to the order in 
 nature in accordance with which the moral development 
 of the human mind takes place. As such, it is the law 
 determining the conditions of human co-existence and of 
 progress towards the realization so far as this is realiz- 
 able of perfect human co-existence, i.e., of civilization, 
 [t is the same natural law (Jus Naturale) which Grotus 
 and his followers defined as the law which is intrinsical 
 and essential to all rational creatures. It represents the 
 Moral Element in Nature, the ethical basis of Law 
 (Jus) as stated in sections 32 and 40, constituting the 
 
 * HUTOHIBRON : Moral Philosophy, Vol. I., p. 1, 
 
VI INTRODUCTORY NOTKs. 
 
 (3ommon ground of speculation, alike for the moral phi- 
 losopher and the jurisprudent, while the task of the his 
 torico-philosopher is only possible when the Moral Element 
 in Nature is the medium of connection of isolated facts of 
 history, which the knowledge of the law governing the 
 moral development of the human mind alone can explain. 
 
 The natural Evolution-process comprises the co- 
 existent and co-extensive action of three factors, viz : 
 heredity, variation and external action. These natural 
 factors of evolution are continuous in moral-mental evo- 
 lution, i.e., in moral phenomena. But while in physical 
 phenomena, the primordial factor of c; natural selection " 
 is the phisico-chemical medium of the organism, in 
 moral selection the medium of action is the Moral Element 
 in Nature, while the moral senses are the primordial 
 factors in the development of moral varieties. Like the 
 physical structural variations in species, arising mostly 
 from unknown combination of causes, generally comprized 
 in the term " natural selection," so the varieties of the 
 Moral-Mental organism of man differing one from an- 
 other in moral advancement, are attributed to conditions 
 collectively called in this sphere "moral selection." 
 
 The phenomenon of consciousness is the Ego. 
 Professor Huxley holds that it is quite correct to call 
 consciousness a phenomenon. He speaks of phenomena 
 of consciousness and of " psychical phenomena," which 
 is perfectly scientific, for the Ego of consciousness exists 
 and does not require any demonstration, so that, in strict 
 logic, it is an event of the natural evolution process in 
 Nature. * 
 
 Morals." Fortnightly Review. December. 188G. p. 790 and 797 
 
INTRODUCTORY NOTES. VII 
 
 In the same scientific proceedings the existence is 
 proved of the Moral Senses, Conscience and Sympathy, 
 and, through these, the Moral Element in Nature, of 
 which Energy they are the effects and the manifestations 
 in the evolution-process of the moral-mental organism of 
 man (5). 
 
 The chief factor of evolution of the social organism 
 is the state of mind of the people. This state of mind 
 is the effect of the moral senses, the agents through 
 which the motives for outward action originates in the 
 mind ; but no attempt has been made as yet by evolu- 
 tionists to bring this active agency scientifically into 
 account. The study which we venture to submit for con- 
 sideration in these pages, is the expounding of this law 
 of the moral senses, called the Moral Law of Nature, 
 under which all normal development of the social organism, 
 of which the State is the evolved result, can be classed. 
 This law represents the conditions under which the intel- 
 lectual and moral development of human beings exist in 
 their relations to each other, as the naturally evolved 
 result of their biological organism. 
 
 Sociology based on Biology. According to the theory 
 of the modern scientific school of biologists, social pheno- 
 mena, in spite of their much greater complexity, are 
 essentially analogous with those of inferior cosmic life. 
 Mr. Cattaneo, in his recent work Le Colonie Linear i e la 
 Morfologia dd Molluschi, distinguishes four degrees of 
 animal individuality, viz., (1) plastides, i.e., living cells 
 or any other primordial elements, which consist of mere 
 amorphous organic matter ; (2) merids, i.e., aggregates of 
 plastides ; the merids forming the living organic being 
 called (3) zoids, i.e., autonomous individuals, uniting, like 
 the other superior animals, with individuals of their 
 
Vlll INTRODUCTORY NOTES. 
 
 own series for preservation of species. Colonies of zoids, 
 in couples or pairs, families, tribes, societies, are called 
 'by him (4) dems. Social life thus begins with the 
 individuals of the series voids, . and this is the natural 
 starting point of the science of sociology. The aim of 
 sociology is the investigation of the natural connections 
 between individuals and the social organism formed 
 by them. 
 
 Thus the science of sociology is based on that of 
 biology, both having the same philosophical theory in 
 common, viz., the theory of organic evolution. 
 
 There is, however, one essential difference between 
 these two branches of general physiological science ; that 
 is, the difference of the sphere in which the factors or 
 agents of evolution are working in the one and in the 
 other. Though Biology, and its crowning development 
 Sociology, may have the same object in contemplation, 
 viz., the human being, yet, while the data of biology are 
 discernible by direct empirical investigation (though these 
 data may be sometimes merely the effects of undemon- 
 strated causation, as e.g., in most cases of organic 
 evolution), sociological data, composed of motives formed 
 in the human mind, require a subjective synthetic process 
 to prove their objective truths, which have to pass the 
 dangerous and often fatal crucible of subjective exercises, 
 before being brought by the purifying process of philoso- 
 phical speculation into connection with logical facts. 
 The consequence of this is that the dialectics of sociolo- 
 gical philosophy differ in the essential data of mental 
 agencies from that of biology, while the greater complexity 
 of social phenomena necessitates hypotheses a ad postulates 
 which take more frequent and ample function in the 
 speculations of Sociology than in those of Biology. 
 
INTRODUCTORY NOTES. IX 
 
 Spirit of Creation. Life, in organisms of all forms 
 and definitions, appears as continuous minute changes 
 in the units of the organism, whether these units be 
 atoms, cells or individuals, to bring internal co-exist- 
 ences in correspondence with external co-existences, or, 
 as Mr. Herbert Spencer puts it,* " the continuous 
 adjustment of internal relations to external relations,"- 
 i.e., the adjustment of means to ends. Here we have, in 
 this effect of the evolution process, the indication of the 
 Cosmic Power which is treated in this study under the 
 name of Spirit of Creation ( Werdekraft derNatur). 
 
 If we cannot discover truth by direct investigation, 
 it is better to learn it by inference than not to find it 
 at all ; postulates and hypotheses are admissible on this 
 assumption. Now, " biologists in general," says Mr. 
 Herbert Spencer, t " agree that in the present state of the 
 world no such thing happens as the rise of a living 
 creature out of non-living matter," and, it not being 
 in any way proved how, at a remote period in the past, 
 life has been originated on the earth's surface, we have no 
 other choice, scientifically speaking, then to postulate an. 
 energy, through which inorganic matter was transformed 
 into organic matter, in other words a power as the 
 originator of life. And life being irrefragably the absolute 
 motive factor of organic evolution in all its branches, 
 the primordial energy which originated life, through 
 successive transformations and complications of inorganic 
 matter into organic, is thus not only the motor of growing 
 development of organic matter, bat also of all motions of 
 transformations, in inorganic as well as in organic matter. 
 
 * " The Data of Ethic*." Chapt II. ; 7. 
 
 t "The Factors of Organic Evolution," Nineteenth Century, May, 1886, p. 769. 
 
X INTRODUCTORY NOTES. 
 
 This universal power is postulated under the name 
 Spirit of Creation, as defined in 2 of this study, and 
 represents physically the persistency of force, in all its 
 bearings ; it is, in fact, the indestructible Force. 
 
 The breach in the continuous chain of Evolution being 
 unaccounted for by Science, for reason of the essential 
 distinction between organic and inorganic matter, a 
 special act of Creation is thus postulated, as taking place 
 through the outside action of an independent constructive 
 agent, which, in a mode as yet unexplaiuable by human 
 investigation, quickens certain modes of collocation of 
 matter into life. This energy of life is latent in matter, 
 pregnant of the primordial energy bestowed on it by the 
 creative Motor of the cosmic nebula. 
 
 Creation does, by no means, imply an abrupt 
 appearance of an isolated capricious fact, but an unavoid- 
 able phenomenon, although its place in the chain of events 
 may not always be perceivable or comprehensible to our 
 present state of consciousness. Whether the phenomenon 
 has come into existence, through visible transformation of 
 energy, or through invisible gradual changes in the 
 process of evolution, the result is, in either case, the 
 manifestation of the same Ultimate Cause, postulated 
 under the name of Spirit of Creation. 
 
 It is obvious, through physical science, that surround- 
 ing influences of gravitation, heat, light and the mechani- 
 cal and chemical actions of water, moisture, air and other 
 media, would act organically on individual plastides and 
 their aggregates (which now depend on these media for 
 the continuation of their existence) in the reverse of a 
 growing development, and would cause their immediate 
 decomposition, were it not for the counteracting of these 
 otherwise destructive processes, by the scientifically 
 
INTRODUCTORY NOTES. xi 
 
 speaking yet unknown vital condition, commonly called 
 vital energy, which represents the Spirit of Creation, 
 the cause of concrete existences and the motor of growing 
 developments. 
 
 Thus the term Spirit of Creation is a postulate 
 necessary for the support of reason, which can neither 
 think of these series of effects held in equilibrium by life 
 as interminable nor as terminable. It is also a purely 
 scientific hypothesis, representing that beginning of 
 motion, producing motions, agitation or alteration, work- 
 ing on the physical senses and on the brain ; which 
 Hobbes called " endeavor" and which he, from his stand- 
 point, sustained as proved by scientific researches, to be 
 the basis of all our knowledge of the external and 
 internal world. " We do not even know what it is that 
 moves ; we only know that when some modes of motion 
 pass into other modes, we perceive what we understand 
 by matter," says Mr. G. Romanes* with regard to our 
 knowledge of the external world. 
 
 As such, the expression Spirit of Creation stands 
 good as a postulate for the genesis of both inner and out- 
 ward stimuli, and represents, as a universal natural force 
 or power, the ultimate cause not only of organic evolution, 
 but also of all the interdependent actions and reactions of 
 motions and their results of agitation and alteration in 
 the cosmos. The term Spirit of Creation is thus proposed 
 to include in its agency all morphological phenomena 
 which are scientifically ascribed to various, as yet, hypo- 
 thetical causes, producing concrete actions, inner and 
 outer, direct and indirect, and whether these actions are 
 produced in conformity with Mr. Spencer's theories of 
 
 * " Mind and Motion," Contemporary Review, July, 1885, p. 76. 
 
XII INTRODUCTORY NOTES. 
 
 u survival of the fittest " and " outer influence of media 
 as primordial factor," by the Darwinian theory of "natural 
 selection/' or by the theory of Prof. George Komanes 
 called " physiological selection." * While, on the evidence 
 of these great thinkers of our century, scientific inquiries 
 with regard to the causes of organic evolution, from the 
 physical standpoint, are yet far from being conclusive, 
 from the moral or so-called spiritual point of view, ex- 
 aminations into these causes are not even attempted as yet. 
 We may therefore safely legalize the term Spirit of Crea- 
 tion, as a scientific postulate, especially in Sociology, 
 where the human mind is the principal factor to repre- 
 sent the ultimate cause of social evolution, which works 
 by inner as well as by outer actions i.e., by the inherent 
 mental agency of Intuition, as well as by the outside or 
 non-ego agency of environment. 
 
 Intuition. The condition of the Ego which is called 
 Intuition is defined in 10 as the "reflex-action" of con- 
 sciousness. Like as the nemo-muscular system is affected 
 by mechanical movements, called reflex-actions, in re- 
 sponse to physical stimuli, evoked by external objects 
 through a sensory nerve to the nerve-centre, so do intuitive 
 ideas exist in the mind as an instinctive reflex-action of 
 our consciousness. The intuitive ideas are produced by 
 the inherited effects of evolved experiences, through the 
 evolution-process of the human mind (5), and serve- 
 through the thus inherited feelings, as motors or internal 
 
 O O * 
 
 stimuli for subsequent ideas or thoughts, which determine 
 the motives of the will to set forth volition, as described 
 in sections 18 and 29. Through Intuition the mind 
 
 * HERBERT SPENCER : " The Factors of Organic Evolution," Nineteenth Century, 
 April and May, 1886. GEORGE J. KOMANES : ' Physiological Selection,' 
 
 Nineteenth Century, January, 1887. 
 
INTRODUCTORY NOTES. Xlll 
 
 arrives at the conception of Primary Truths or First 
 Principles which form the basis of all sciences (13). 
 
 The Theory of the Moral Senses is based on that of 
 Intuition. This theory is not transcendentalism ; it does 
 not transcend the fundamental principles of human know- 
 ledge, for no state of consciousness has been better 
 experienced than that of Conscience and of Sympathy and 
 nothing more reasonable than Justice and Benevolence 
 combined. 
 
 Moral Mental Organism. Moral Senses. Spirit 
 of Law. Professor Huxley said in his speech at the un- 
 veiling of the statue of Darwin in the South Kensington 
 Museum, while denying that the ceremony was a scienti- 
 fical sanction of the Darwinian theory of evolution 
 exclusively, that "science commits suicide when it adopts 
 a creed/' Philosophy also, and especially moral philoso- 
 phy, proclaims its impotence wlien admitting as its 
 premises any scientific theory which does not cover the 
 whole ground. 
 
 " It is imperative," says J. S. Mill in his Logic,* " to 
 determine exactly the attributes which a name is to ex- 
 press, if it is to be used as an instrument of thinking or 
 as a means of communicating the results of thought." 
 Thus far we have accounted for the introduction, as 
 hypotheses, of the terms " Moral Law of Nature," " Moral 
 Element in Nature/' " Spirit of Creation" and " Intui- 
 tion," and the ideas they have to convey in Sociology. 
 For the explanation of other terms, viz.', " Moral Mental 
 Organism," " Moral Senses," " Public Consciousness," 
 " Spirit of Law " which is commonly called the " Spirit 
 of the Time" or "Spirit of the Age" (Zeitgeist) and 
 
 * Book IV., Chapter iv, 
 
XIV INTRODUCTORY NOTES. 
 
 Common Sense all verifiable realities we refer our 
 readers to the respective sections in the text where these 
 expressions are defined (5, 15, 32, 33, 34, and 36), In 
 case their actuality as elements of the human mind may 
 not already be sufficiently proved by the conviction of 
 consciousness, we cherish the hope that their usefulness, 
 as connecting links in the chain of thought, may justify 
 their introduction into sociology, at all events, as necessary 
 postulates. 
 
 Common Sense, as described in section 34 of this 
 essay, is not the culture of intellect but of the moral 
 senses. It is the human instinct of righteousness, i.e, 
 of what is just and benevolent combined, the sponta- 
 neous working of the moral senses, Conscience and 
 Sympathy, which combined originate the impulses of the 
 Good (15). 
 
 Common Sense is that consolidated comprehension 
 of truth (the basis of Faith) which unites, in compact 
 meaning, all that could be said to complete conscious- 
 ness and- conviction. What cannot be told short and 
 convincible is doubtful. Truth does not require the long 
 spinning out of arguments, neither elaborate preparation 
 of premises ; it comes out boldly and unprepared, and is 
 at once recognized as truth by genuine common sense. 
 
 Common sense is impartial but not neutral, that 
 is, it gives full value to the arguments on both sides, but 
 it has the courage of its opinion, and does not withhold 
 its decision, to whatever side the truth may lead. Its 
 test lies in the conception of the Good. 
 
 Here we have an instance of the influence that the 
 Moral Element in Nature exercises on the progressive 
 social evolution of the human race. 
 
 Laws of Nature. With regard to actions attributed 
 
INTRODUCTORY NOTES. XV 
 
 to " Laws of Nature " in this study, we must state that, 
 by suggesting the general primordial agent, termed Spirit 
 of Creation, we have for brevity's sake combined the forces 
 of this general source of action in Creation with the idea 
 Laws of Nature. The motive for so doing we trace to 
 unimpeachable scientific sources. The regular and per- 
 sistent recurrence of surrounding conditions can certainly, 
 by the definition given by Mr. Darwin and Mr. Herbert 
 Spencer, be called a law of nature, and styled (e.g.) the 
 law of surrounding conditions, just as the systematized 
 ascertained persistency of the agency of evolution styled 
 "direct action of surrounding conditions" is regarded by 
 Darwin as the cause or inducement to variations in 
 organisms. Now, if this truly realistic expression 
 " direct action of surrounding conditions" is allowed to 
 convey scientifically the idea of an active agency in 
 organic evolution which surely it is why should it be 
 less scientific to speak in a hypothetical way, of the " in- 
 fluence of the Moral Law of Nature " on men's actions 
 thereby meaning the influence of the conditions of con- 
 sciousness, called Conscience and Sympathy, on the will. 
 The agency which produces these mental conditions is not 
 yet empirically proved, any more than the force which 
 originates the " direct actions of the surrounding" know- 
 able and unknowable or undemonstrated "conditions" in 
 the science, or rather, philosophy of organic evolution. 
 In this sense we ventured to postulate a Standard of 
 Civilization (42) as the outcome of mental conditions 
 brought on through the moral senses conscience and sym- 
 pathy, for brevity's sake called the Moral Law of Nature. 
 In his work, " Animals and Plants under Domestica- 
 tion/' (from which different passages are quoted by Mr. 
 Herbert Spencer in his recent papers, "The Factors of 
 
XVI INTRODUCTORY NOTES. 
 
 Organic Evolution, " Nineteenth Century, April and 
 May, 1886), Mr. Darwin speaks of "condition" as an 
 active power capable of direct action, viz., "There are 
 good evidences that the power of changed conditions 
 accumulates,"... further, " some variations are induced by 
 the direct action of the surrounding conditions on the 
 whole organization' 1 (Vol. II., p. 270). To speak of the 
 "power" or "direct action" of certain "conditions" as 
 active agencies in organic evolution, is not more scientific 
 than the postulating of the influences of surrounding 
 " moral conditions " in the evolution of social organism. 
 What we contend is that it is not personating the cause, 
 or in any sense unscientific, to admit in sociology, as 
 inducing agents of the evolution of social organism, certain 
 conditions of mind, ascertained and corroborated as exist- 
 ent and persistent, over and over again, by similar states 
 of consciousness of different individual minds in the same 
 series or stage of evolution (5), and to postulate the 
 "power" and " direct action " of these " conditions" as 
 effectively influencing the human will, and, through 
 this, man's outward actions. In this sense, the power 
 and direct action of the conditions of the mind, called con- 
 science and sympathy, are set forth under the term Moral 
 Law of Nature, as the inner " stimuli " to outward activity. 
 In the introduction of the work which has just been 
 quoted, (p. 6) Mr. Darwin says : " For brevity's sake I 
 sometimes speak of natural selection as an intelligent 
 power... I have also often personified the word Nature, 
 for I have found it difficult to avoid this ambiguity ; 
 but I mean by nature only the aggregate action 
 and product of many natural laws, and by laws only the 
 ascertained sequences of events." In the same sense the 
 expression "laws of nature" is used in this work, though 
 
INTRODUCTORY NOTES. XV11 
 
 for the sake of brevity and for easier comprehension, laws 
 of nature are spoken of as intelligent powers, in the same 
 manner as we speak of " the force of circumstances," of 
 the " rising " and " setting " of the sun, the " course " of 
 the stars, etc., using subjective appearances to arrive 
 at the objective reality. 
 
 The Dialectics. With regard to the forms used in 
 the process of thought in this work, the dialectics will 
 perhaps be found wanting in distinctness. But all sys- 
 tems of philosophy suffer more or less on this score ; 
 this is the natural consequence of human language. An 
 original idea is a concrete image, when well formed in the 
 mind, but also a living image, which cannot be completely 
 portrayed in the language in which it finds expression. 
 To express abstract ideas we have only concrete symbols ; 
 hence the synthesis in which the idea is put forward is 
 often imperfect. The natural cause is to be looked for in 
 the mechanical construction of human intellect, which 
 can only be helped through its dead points by the 
 impulses of intuition. Indeed, without the stimulating 
 vitality of intuition the mechanism of reason would stop 
 just at the point where its action is most wanted for the 
 conception of primary truths, which, as said before, form 
 the basis of all sciences (9 and 10). 
 
 Design in Nature. Investigations into natural 
 causation show that events are not fortuitous ; chance is 
 unthinkable, every event has a cause, and, for the same 
 reason, an end. Causation is not definable by Empirical 
 Science. The perceptible efficient " motions " toward that 
 which happens are called Agents. With regard to 
 phenomena, causation could be called the Free Will of 
 Nature and what are called Laws of Nature, her Volition. 
 
XV111 INTRODUCTORY NOTES. 
 
 Design in Nature manifests itself as Motor of Evolu- 
 tion and as the individual free will of organisms. This 
 latter could be called subjective or individual design ; 
 imparted to matter, in the primordial germ of energy 
 emanating from the Creative Cosmic Power, in the form 
 of Motion, it is manifested in the inclinations (also called 
 "habits") of Plants, the instincts of Animals and the free 
 will of Man.* From the highest known development to 
 the lowest perceptible organism or cell, all quickened by 
 the Spirit of Creation, strive and struggle for existence 
 and development in the universal evolution process. 
 But it is obvious that all will not reach the end, or, with 
 other words, comply with the progressive impulse of 
 the evolution-process ; many apparent " blunders " and 
 " failures " are to be seen in this perpetual transformation 
 of energy. For one case of successful adaptation of means 
 to ends in the organic world there are a hundred deviations 
 which we call " failures," not alone in the lower but 
 also in the higher orders of organism. 
 
 When we cannot comprehend the objective design 
 of the Motor of Evolution we call it " chance"; when we 
 see any subjective or individual design of an organism 
 unaccomplished, we call it " waste. " And yet, we know 
 that chance is not thinkable in the theory of Evolution 
 and that matter and force are indestructible ; so that it 
 is unscientific to speak of waste in Nature, and where 
 there is no waste there is no failure. That not every 
 form of organism or variation needs to reach its utmost 
 development in evolution, is comprehensive in this theory. 
 
 * Darwin's remarkable observations with regard to the habits of climbing 
 plants, and animals under domestication, are so many expositions of the 
 subjective design existing in Plants and Animals. (CHARLES DARWIN " On 
 the movements and habits of Climbing Plants." IDEM " The variation of 
 Animals and Plants under Domestication "). 
 
INTRODUCTORY NOTES. XIX 
 
 The Motor of Evolution is the energy which underlies 
 the factors of organic evolution, for these "factors/' what- 
 ever be their nature or conditions, could not be factors, 
 without the transmutation of energy, the origin of which 
 we call the Spirit of Creation, into mechanical or other 
 forces. From this it is obvious, that all factors of organic 
 evolution, which perform the individual or subjective 
 design of evolving organisms, are the results of the 
 objective design of the Spirit of Creation. 
 
 Here we can trace the basis of human subjective 
 design, called free will (18, p. 24). 
 
 The world of physical science is but a part of Nature 
 and as Nature finds its consummation in the moral-mental 
 organism of man, it is only when contemplating Nature 
 with all the faculties of our mind that we can conceive 
 the work of the absolutely wise and all-powerful Creat- 
 or as a whole. And these broader views we owe to 
 the progress of the Science that investigates not only 
 and exclusively physical phenomena, but advances our 
 knowledga in conformity with the development of the 
 human moral-mental organism. Thus came the theory of 
 organic evolution as a real revelation to Science, being 
 unfolded to the human common-sense, in conformity as 
 our knowledge of Nature advances ; and as the vast field of 
 Creation displays itself before our cleared vision, a deeper 
 insight in biology enables us to observe " the wisest and 
 most exquisite ends " of the Creator's design in Nature. 
 
 Physical Science cannot determine the laws of 
 causation ; but science is not a mere record of isolated 
 discoveries ; it insists that each fact is an offspring of 
 some preceding fact, and the parent of some subsequent 
 fact, and thus impresses the conviction of the final unity 
 of all causes into one Ultimate Cause. 
 
XX INTRODUCTORY NOTES. 
 
 This is the teleological view of Design, which, 
 as demonstrated in this work (80, pp. 200-213) is con- 
 spicuously manifested through all Creation on Earth, 
 from the searching tendrils of the vine and the instinct 
 of animals to the moral motives of man in denning the 
 course of Civilization. 
 
 What is Civilization ? On pages 34, 28, and 226, 
 80, we have said that there are two sorts of Evil, viz : 
 the subjective and the objective evil. There are also two 
 sorts of Good, the subjective good which counteracts the 
 subjective evil in the human mind and the objective 
 good which constitutes the Laws of Society, as the 
 practical results of Civilization, to ameliorate objective 
 evil. Hence the definition of civilization, as given in 
 41 and 42, is the actual state of Society in the 
 process of transforming the subjective conception of the 
 Good into objective practical Good, which simply means 
 that Civilization is the amelioration of Evil in social life. 
 
 This is the thesis of the Philosophy of Civilization 
 expounded in these pages. 
 
 After this brief summary in demonstration of our 
 subject, we cherish the hope, that our reader, in apprecia- 
 tion of the end proposed by our task, may be persuaded 
 to go through this new field of researches and expositions 
 we offer him here for consideration. 
 
 When doing this patiently and with the sensibility 
 of the vast ness of the task, we may rely also on his 
 indulgence with regard to the manifold shortcomings in 
 this essay, of which nobody is more convinced than the 
 author himself. 
 
CHAPTER I. 
 THE MORAL LAW OF NATURE. 
 
 1. The Universal Law of Nature. 2. The Spirit of Creation. Its 
 agency the Motor of Evolutio*n. Is the manifestation of the Soul. 
 3. Hypotheses in general. 4. Hypothetical demonstration of the Uni- 
 versal Law of Nature in its course of Evolution. 5. The Moral-Mental 
 Organism of Man. Consciousness of the Good. The struggle for existence 
 between the moral and the material element in the human mental 
 organism. 6. Origin of Species 7. The Links of Evolution. 8. The 
 impossibility of demonstrating the primary motor of Evolution. 9. Intel- 
 lect. 10. Hypothesis regarding Intuition. Feeling. Spiritual Feeling. 
 Inspiration. 11. The Soul 12. The Ego of Consciousness. 13. The 
 Conception of Primary Truths. 14. The Good. 15. The Moral Senses 
 Conscience and Sympathy. Righteousness. 16. Evolution of the Moral 
 Senses. 17. Virtue. Happiness. 18. Moral Actions. Free Will. Voli- 
 tion. Motive. 19. The Standard of the Good. 20. Origin of Evil and 
 its control. 21. Love. Friendship. 22. Vice. 23. Attention on the 
 Good controls Evil in the Mind 24. Religion. 25. Moral Doubt 
 26. Christianity. 27. The Creator. 28. The Occasions of,Stumbling. 
 
 1. Social life is the natural consequence of the human 
 organism, and, as such, necessarily develops itself in conformity 
 with the Universal Law of Nature. 
 
 Nature is the word used to express the aggregate compre- 
 hension of all phenomena in the universe, and of their causes and 
 effects, with the laws derived therefrom, and whether we are 
 conscious of them through our moral senses or conceive them 
 through our physical senses. 
 
2] THE PHILOSOPHY OP CIVILIZATION. [2. 
 
 The Universal Law of Nature is the composite effect' of the 
 various natural conditions which are at work in the Universe, and 
 which are called Laws of Nature in consequence of the persistency 
 and regularity with which they appear to our consciousness. 
 
 2. As laws are the uniform modes in which forces are man- 
 ifested, and effects always indicate causes, we are accustomed to 
 call the causes of these natural conditions the forces or powers of 
 Nature. For the same reason the Universal Law of Nature, 
 which is the constructing unity of the systems formed by the 
 Laws of Nature, is correlative to the idea of a Universal Cause, 
 Force or Power, and as this First Cause is made known to us by 
 irrefragable induction as the absolute motor, force or life of all 
 that we are conscious of in Nature, it may be represented, by 
 way of a hypothesis which is based on natural phenomena, by 
 the term Spirit of Creation. 
 
 By this term we intend to represent the causes of creation and 
 development or evolution, combined in one and the same power, 
 in order to express the simultaneous actions of producing and 
 sustaining, coming into existence and expanding through growth, 
 all in conformity with those sequences of events and causations 
 which are called the Laws of Nature. 
 
 The term Spirit of Creation is the scientific equivalent for 
 the theological expressions Creator and Providence combined, as 
 well as for the philosophical appellation Ultimate Cause or 
 Ultimate Scientific Ideas (8). 
 
 The Spirit of Creation is manifested in all phenomena of 
 Nature, from the forces in inorganic matter up to the highest 
 development of the human mind by its innate working agency 
 through the whole series of Nature's evolution. 
 
 The theory of evolution in its broadest sense, is based on the 
 assumption of an absolute, general and persistent active force, 
 permeating all inorganic and organic nature, and which, uniting 
 all concrete phenomena in nature, can be regarded as establishing 
 the unification of matter with organism, in which it is the originat- 
 
3.] THE PHILOSOPHY OF CIVILIZATION. [3 
 
 ing cause of life, carrying it to its highest development on earth, 
 which is the human moral-mental organism^ and where it is called 
 soul. This ever dominant and inherent working force of Nature 
 is what we postulate here as the Spirit of Creation. 
 
 We would further state that, while the expression Spirit of 
 Creation is intended to convey the idea of the Universal Ultimate 
 Cause, as innate working effect of forces on matter and 
 organism in general, the term Motor of Evolution, is used 
 to represent the inherent causation of organic life. Perhaps 
 these and other expressions used in this work might appear not 
 quite suitably chosen, but, while we must regret the necessary 
 limitation of the dialectic, we are confident that the reader will 
 arrive at a sufficiently clear conception of the forces indicated, to 
 speculate with logical conclusions on their manifestions, when con- 
 templating their effects in Nature as objects of empirical science. 
 
 Concluding on the foregoing propositions we find that 
 in inorganic and organic evolution, the Spirit of Creation is 
 presented to our senses by the forces in matter and by the vital 
 element in organisms. In the evolution of the mind, on the other 
 hand, the Spirit of Creation is presented to our senses by that 
 consciousness of its influence which is called the Soul, that is to 
 say, the highest expression of the motive agency of the Spirit of 
 Creation. The subject of the soul will be treated hereafter (11). 
 
 3. It is to Matter and Force, which constitute the 
 primary manifestations of the Absolute, that independent phenom- 
 ena must be traced.* But the inductive philosophy of external 
 facts, called Science, is not yet able to trace all natural influen- 
 ces, by consistent induction from external facts only, to their 
 primordial causes, nor has Science reached as yet " that highest 
 
 * "A farther inference was, that Philosophy, as we understand it, must not 
 unify separate concrete phenomena only ; and must not stop short with 
 unifying separate classes of concrete phenomena, but must unify all con. 
 Crete phenomena. If the law of operation of each factor holds true through- 
 out the Cosmos, so too, must the law of their co-operation. And hence 
 in comprehending the cosmos as conforming to this law of co-operation, 
 must consist that highest unification which Philosophy seeks." HERBERT 
 SPENCER. First Principles. 186. 
 
4] THE PHILOSOPHY OP CIVILIZATION. [3. 
 
 unification which Philosophy seeks." We are often hardly aware 
 of the data of the Laws of Nature, which in scientific language 
 are called phenomena. Therefore philosophical or speculative 
 reasoning, hased on internal facts, i.e., coiisciouMtess, must often 
 supply the place of Science, and has, under the name of hypothesis 
 to be slipped into some scientific formula, to pave the way to com- 
 prehension by the mind of any inductive structure, based on the 
 simplest truth. Such is the case with all methods adopted for the 
 purpose of explaining the course of the development of the Laws of 
 Nature. Thus it is also with the interpretation of developing phe- 
 nomena in the description of organic evolution, throng 1 1 reproduc- 
 tion, perpetuation and modifications of the forms of living beings, 
 in the manner described by Professor Darwin in his famous books 
 entitled " The Origin of Species" (the term Species being the 
 scientific equivalent of forms of organisms) and " The descent of 
 Man." Darwin's theories regarding the causes of the develop- 
 mental changes in the structural forms and physiological functions 
 and properties of organisms, called variation, adaptation, survival 
 of the fittest, etc., are hypothetical statements of causation, which 
 (whatever may be the controversial nature of philosophical assump- 
 tions, when taken up in scientific propositions) go far towards 
 forming a development hypothesis explanatory of vegetable and 
 animal organisms, which are the manifestations of the Spirit of 
 Creation. Thus hypotheses may aid the human mind to infer, with 
 the nearest possible accuracy and with a prestige of scientific plau- 
 sibility, the existence of causes which it could not arrive at through 
 direct demonstration.* These hypothetical propositions are at 
 
 * Evolution, whether by the process of successive changes of conditio?is 
 "through multiplication of effectu," as Mr, Herbert Spencer described it 
 before Darwin, or by natural selection, which is the Darwinian theory, or 
 whether both combined, (as Mr. Herbert Spencer accepts it, in the Fourth 
 Edition [1880] of his " First Principles"), is as good as an established fact 
 of history, but the cause or causes of these effects are yet a hypothesis, 
 and it is with truth that Professor Huxley said on the evidence of palaeon- 
 tology : " the evolution of many existing forms of animal life from their 
 predecessors is no longer an hypothesis but an historical fact ; it is only 
 the nature of the physiological factors to which that evolution is due which 
 is still open to discussion." (Encyclopaedia Britannica, 1878). 
 
3.] THE PHILOSOPHY OF CIVILIZATION. [5 
 
 present indispensable to natural science in general, but particularly 
 to physiology and psychology, in order to supply the want of 
 sufficient data to fill up the gaps yet remaining in the eormboration 
 of facts, as well as to make up for the imperfection or inadequacy 
 of our phytico-m "uhil. orynni^m, wliich comprehends man's physical 
 and intellectual faculties. The latter are called reason. "The 
 privilege/* says Professor Oscar Sch:nidt, "on which the progress 
 of Science generally relies, is that of investigating, according 
 to determined points of view, and accepting probabilities as truth 
 in the girb of scientific conjecture or hypothesis."* "Do not 
 allow yourselves/' says Professor Huxley, "to be misled by the 
 common notion that a hypothesis is untrustworthy simply bee .use 
 it is a hypothesis. Ir. is often urged in respect to some scientific 
 conclusion that, after all, it is only a hypothesis. But what more 
 have we to guide us in nine tenths of the most important affairs 
 of daily life than hypotheses, and often very ill-based ones? So 
 that in Science, where the evidence of a hypothesis is subjected 
 to the most rigid examination we may rightly pursue the same 
 course." Further on he says : "There is a wide gulf between 
 the thing you cannot explain and the thing that np>ets you 
 altogether. There is hardly any hypothesis in this world which 
 has not some fact in connection with it which has not been ex- 
 plained ; but that is a very different affair to a fact that entirely 
 opposes your hypothesis. In this case all you can say is that 
 your hypothesis is in the same position as a good many others."f 
 Hypotheses are, with regard to the nature of the evidence 
 required for their verification, of three distinct classes, viz: 
 physical, mental, and moral, and must accordingly be tested 
 by evidence answering to the correlative Laws of Nature. A 
 hypothesis based on physical causes must be verified through 
 demonstration of the working of the forces inherent in matter. 
 
 * PKOF. OSCAR SCHMIDT. The Doctrine of Descent and Darwinism. Chapter on the 
 Pedigree of Vertebrate Animals. (Henry S. King & Co., London, 1875,) p.248. 
 
 f PROF. THOMAS E. HOXLSF. LecLures on "Orgiu of Species." Humboldb 
 Library of Popular Science Literature, vol. i., pages 518 and 529. 
 
6] THE PHILOSOPHY OF CIVILIZATION. [4. 
 
 It is to be tested by the Physical or Chemical Laws. A hy- 
 pothesis built on purely logical bases is to be verified through 
 abstract mathematical or logical reasoning. It is to be tested by 
 the Mental Law. Finally, a purely moral hypothesis requires 
 verification by inward conviction of what is morally right or 
 wrong. Its test lies in the Moral Law. The latter is the most 
 subtile of all, as being the youngest Law of Nature, that is, the 
 latest ascertained sequence in the chain of natural evolution in 
 which the human mind shares ; a law whose abstruse sub til ty 
 necessitates our pushing our investigations into tenuous and re- 
 condite truths, based on reason and feeling combined. Though 
 differing in modes of verification, hypotheses of all classes have 
 this criterion in common, that they must be based on the assump- 
 tion of factors competent to produce all phenomena forming the 
 respective Law of Nature, of which the verae causae are undem- 
 onstrated or inconceivable to our mind. This is the standard 
 rule in all attempts to determine Laws of Nature, whether 
 physical, mental, or moral, and on this principle the following 
 hypothesis of the general development of the Universal Law of 
 Nature is proposed. 
 
 4. A general observation of the Universal Law of Nature, 
 as it appears on our globe, indicates that the development of 
 Nature has taken place gradually, as by stages, which may be 
 called Stages of Creation, while the influence of the Spirit of 
 Creation, which is the originative cause of the forces operative 
 in Nature, is manifested through all these stages, admitting of 
 no line of demarcation between the different stages, for science 
 may divide and classify, but nature remains a whole; so that by 
 the term stage we mean merely a generalization of groups of 
 bodies or objects in which a particular force or law of nature 
 becomes more conspicuous to our observation. 
 
 Submitting six of these stages to a general review, and 
 including what we think to be the beginning of the evolution of 
 matter (that is to say the first stage) up to the stage in which we 
 
4.] THE PHILOSOPHY OF CIVILIZATION. [7 
 
 exist at present (that is to say the sixth stage), we find that the 
 evolution of the Universal Law of Nature, that is the gradual 
 development of the different forces of Nature, is manifested as 
 follows. 
 
 When Matter, which term is hut a symbolic name to 
 designate that simple substance, which could as well be called 
 consolidated or latent force, or centres of forces, constituting 
 the original groundwork of creation as the permanent cause of 
 phenomena, whether physical or spiritual, is formed into aggre- 
 gate or compound substance, through the operation of forces, 
 whose influences are perceivable in the Physical or Chemical 
 Law, the first stage in Creation is accomplished. This law 
 includes all isomeric and isomorphous transformations of inor- 
 ganic matter, and all decomposite combinations of compound 
 substances. The forces affecting matter are called electric, 
 magnetic, galvanic, cohesive, capillary, endosmose, exosmose, 
 adhesive, gravitation, equilibrium, etc. 
 
 The]vital power which emanates from the Spirit of Creation, 
 already manifested as a combination of forces through the Phys- 
 ical Laws in the chemical metamorphoses and other phenomena 
 of matter and forces, appears, through the special action of light, 
 more developed in the second stage, which is the reign of the 
 Law of Vegetable Organism. 
 
 Lower animal life belongs to the groups that may be styled 
 the third stage, that is to say the sphere of the Law of Animal 
 Organism, while the fourth stage is the province of the Law of 
 developed Animal Organism or Instinct, and represents the 
 highest stage in Creation in which animals not endowed with 
 reason are found. 
 
 The appearance of the human mind on earth constitutes the 
 fifth stage of Creation, that is to say, the reign of the Law of 
 Physico-Mental Organisms, or, otherwise, the reign of Eational 
 Life. This stage includes the intellectual as well as the physical 
 faculties of man ; that is, man considered as the species, such as 
 
8] THE PHILOSOPHY OF CIVILIZATION. [5. 
 
 he generally appears all over the earth, developed from the first 
 principles of matter to a complete, erect and stalwart form of 
 being, retaining his material nature and animal propensities, but 
 now endowed with that higher physiological development of 
 animal instinct and mental faculties which in the case of man are 
 called Reason. This species- is the perfect man of the materialist. 
 5. But man's development, or strictly speaking the devel- 
 opment of his mind, does not stop here, for by degrees correspond- 
 ing with his social progress, and in the same proportion as the sur- 
 rounding conditions were more or less favorable to the adaptations 
 of his moral organism, he has entered ihe sixth stage, which is 
 called the sphere of the Moral Law, comprehending the highest 
 order of Creation at present known on the Earth, viz., our Moral' 
 Mentdl Ortjanixm, the reign of Spiritual as well as Rational 
 Life ; in other words, he has now attained the moral development, 
 through which Oonscioumes* of tlic Good, which is the perfect 
 harmony of justice and benevolence, is created in the mind, 
 through the moral senses Conscience and S//mj>afht/, the elements 
 of this Irgher moral organism. The process of evolution of the 
 Moral- Mental Organism is analogous to that of the Physical, but, 
 with the development of the moral senses just named, under 
 the influence of the Moral Consciousness, a new phase in 
 the universal struggle for existence has set in for the moral heing. 
 Here the struggle for material existence is encountered by limit- 
 ations caused by the moral senses conscience and syrnpaihy (15) 
 and often neutralized by this fiercer strife of the moral element 
 of Nature, in its struggle, to maintain its existence in opposition 
 to the surrounding animal propensities (78); a battle which 
 follows the line of evolution from the lower to the higher mental 
 organism, through development, and adaptation of the higher 
 moral and mental orgins, and leads up, in gradual progression, 
 to i hat h munitions combina:ion of jus.ice and benevolence in the 
 human mind, which constitutes the Good, and is the manifesta- 
 tion of the Soul 3J. 
 
5.] THE PHILOSOPHY OF CIVILIZATION. [9 
 
 This progress through evolution of the human mind may be 
 called the survival of the Moral Element of Nature, in contra- 
 distinction from retrogression, through degeneration of the moral- 
 mental organism, and sometimes total suppression of the same, 
 caused by want of application or through disuse of the moral 
 senses conscience and sympathy ; in which cases the mind remains 
 within the range of a lower stage of moral development, or 
 gradually sinks back to that state of soulless materialism, un- 
 guided and unchecked by the moral senses, and in which only 
 the instinctive egoism of the material animal propensities has 
 claim and influence on the will.* 
 
 With regard to the mind and its moulding of Society, as 
 the aggregate of human beings, the evolution theory holds good, 
 and struggle for existence takes place, but in the sphere of the 
 Moral-Mental activities. Evolution here means struggle between 
 the Moral Element and the material animal nature of man (14). 
 
 It is thus with constant strengthening of his moral senses, 
 Conscience and Sympathy, through the discipline of Religion 
 (24) and through the inherent impulses of his soul, that man 
 can succeed in keeping up to the natural moral standard, so 
 necessary, not alone to guide him individually, but indispensable 
 for the existence of family life and society (76). 
 
 * "If the process of continuously adapting organisms to their environment; 
 takes place in Nature at all, there is no reason why we should set any 
 limits on the extent to which it is able to go, up to the point at which a - 
 complete and perfect adaptation is achieved." GEORGE J. ROMANES, M.A., 
 LL.D., F.R.S. '''The Scientific Evidences of Organic Evolution," Nature 
 Series (Ed. 1882, page 5). " Now, not only is it rational to infer that changes 
 like those which have been going on during civilization will continue to go 
 on, but it is irrational to do otherwise. Not he who believes that adaptation 
 will increase is absurd, but he who doubts that it will increase is absurd. 
 Lack of faith in such farther evolution of humanity as shall harmonize ita 
 nature with its conditions, adds but another to the countless illustrations 
 of inadequate consciousness of causation. One who leaving behind both, 
 primitive dogmas and primitive ways of looking at things, has, while 
 accepting scientific conclusions, acquired those habits of thought which 
 science generates, will regard the conclusion above drawn as inevitable. 
 He will find it impossible to believe that the processes which have hereto- 
 fore so moulded all beings to the requirements of their lives that they get 
 satisfaction in fulfilling them, will not hereafter continue so moulding 
 them." HERBERT SPENCER, The Data of Ethics, chapter x., 67. 
 
10] THE PHILOSOPHY OF CIVILIZATION. [6. 
 
 The mind will be treated in connection with the theory of 
 Law ( Jus) in 29. Further we must state, that by action of the 
 Moral Law of Nature is meant the influence of the Moral Ele- 
 ment in Nature on the moral-mental organism of man. 
 
 6. Thus the different forces or powers of Nature constitute 
 in their successive combinations, as united by the motive element 
 of the Spirit of Creation, the different Stages of Creation, in 
 which the Universal Law of Nature represents itself to human 
 consciousness in the form of groups, as stated above. Each 
 group has its own peculiar classes of bodies or objects, embracing 
 countless developed forms and varieties of forms, called Species, 
 and coming on the scene in the course of each stage at the point 
 at which the respective power, or the Law which is the manifest- 
 ation of that power, predominates in Creation. The various 
 objects and classes of objects of organic nature have each its own 
 inherent constituent qualities, and find their respective places in 
 Creation through development in conformity with the Universal 
 Law of Nature; and having sprung up through the Law of 
 Nature governing the particular condition of the substances of 
 which they are respectively constituted, they appear as distinct 
 offshoots of the main trunk, which, gradually growing, throws 
 out higher branches, each giving origin, in its respective line, to 
 countless shoots of its own, whilst the same source feeds all, and 
 each derives its organic life from the same Motive Power and 
 Universal Cause. 
 
 7. The links of Evolution cannot be looked for amongst 
 the Species. We are obliged to reduce these vast masses of 
 observations to general laws, to find some main solution for the 
 development of Nature through evolution, for, by searching in 
 the by-paths of Creation, we are apt to lose the main track, 
 while looking in vain for many a missing link. 
 
 By the foregoing hypothesis the development of the Uni- 
 versal Law of Nature or of Creation on Earth, or, in other words, 
 the evolution of Nature on Earth, is represented as a chain of 
 
8.] THE PHILOSOPHY OF CIVILIZATION. [11 
 
 continued progress, with links of which each is necessary as a 
 base for the continuation of the next, forming a system of mu- 
 tual dependencies, for each serves, in its special sphere and to 
 its full extent and capacity, for the development of the other. 
 These links are the combined results of the different powers of 
 Nature, and that these powers are all subject to the influence of 
 one Universal Cause is manifested by the systematic development 
 of Nature, called Evolution, the factors of which are Matter, 
 Force and Life, which, as stated before, are combined by the 
 Spirit of Creation as Motor of Evolution (2). 
 
 8. But neither the nature of these forces, nor what is 
 called Matter, nor the origin of Life or the Motor of evolution in 
 organic nature, are explicable by science or by any system of 
 logic in the description of evolution, that is, by any evidences 
 from the Physical or Mental Law. No better exhibition of the 
 inadequacy of science could possibly be given than by quoting the 
 words of Mr. Herbert Spencer with which he concludes his 
 chapter on Ultimate Scientific Ideas. " Ultimate Scientific Ideas, 
 then, are all representative of realities that cannot be compre- 
 hended. After no matter how great a progress in the colligation 
 of facts and the establishment of generalizations ever wider and 
 wider after the merging of limited and derivative truths in truths 
 that are larger and deeper has been carried no matter how far ; the 
 fundamental truth remains as much beyond reach as ever. The 
 explanation of that which is explicable, does but bring out into 
 greater clearness the inexplicableness of that which remains behind. 
 Alike in the external and the internal worlds, the man of science 
 sees himself in the midst of perpetual changes of which he can 
 discover neither the beginning nor the end. If, tracing back the 
 evolution of things, he allows himself to entertain the hypothesis 
 that the Universe once existed in a diffused form, he finds it 
 utterly impossible to conceive how this came to be so ; and equal- 
 ly, if he speculates on the future, he can assign no limit to the 
 grand succession of phenomena ever unfolding themselves before 
 
12] THE PHILOSOPHY OF CIVILIZATION. [9 
 
 him. In like manner if he looks inward, he perceives that both 
 ends of the thread of consciousness are beyond his grasp ; nay, 
 even beyond his power to think of as having existed or as existing 
 in time to come. When, again, he turns from the succession of 
 phenomena external or internal, to their intrinsic nature, he is 
 just as much at fault. Supposing him in every case able to re- 
 solve the appearances, properties, and movements of things, into 
 manifestations of Force in Space and Time, he still finds that 
 Force, Space and Time pass all understanding. Similarly, though 
 the analysis of mental actions may finally bring him down to 
 sensations, as the original materials out of which all thought is 
 woven, yet he is little forwarder; for he can give no account 
 either of sensations themselves or of that something which is con- 
 scious of sensations. Objective and subjective things he thus 
 ascertains to be alike inscrutable in their substance and genesis. 
 In all directions his investigations eventually bring him face to 
 face with an insoluble enigma ; and he ever more clearly perceives 
 it to be an insoluble enigma. He learns at once the greatness 
 and the littleness of the human intellect its power in dealing 
 with all that comes within the range of experience ; its impotence 
 in dealing with all that transcends experience. He realizes with 
 a special vividness the utter incomprehensibleness of the simplest 
 fact, considered in itself. He, more than any other, truly knows 
 that in its ultimate essence nothing can be known.* 
 
 This proves the inability or inadequacy of our physical and 
 intellectual faculties, and explains the reason why the Spirit of 
 Creation, the Absolute Cause of all, and its influence on the 
 human mind are indemonstrable by Science, or, in other words, 
 ir comprehensible to the mind through reason, unaided by the 
 prevision of that herald of a higher conception, called Intuition 
 (10), which quickens the physico-intellectual functions into the 
 higher development of the moral-mental organism, in the sphere 
 of which it is called the soul $11). 
 
 * FIRST PRINCIPLES, Chapter iii. Ultimate Scientific Ideas. 21. 
 
10.] THE PHILOSOPHY OF CIVILIZATION. [13 
 
 9. Eeason is the evolved result of different impressions of 
 experience as adapted to actual physiological conditions. Those 
 impressions vivified by Intuition and brought into relationship 
 with each other by the evolution process, have gradually developed 
 from Instinct into what is called Intellect, the basis of the higher 
 mental development. 
 
 10. With the foregoing propositions we couple the follow- 
 ing hypothesis regarding Intuition. 
 
 Intuition is the association of ideas in the mind, instinctively, 
 as it were by " reflex-action" of consciousness. It is the response, 
 of the Ego as the moral "nerve-centre" to the stimuli of 
 the moral senses, analogous to the reflex actions of the physical 
 nerve-centre which follow mechanically on the stimuli of the 
 physical senses. This essential substratum of the Ego constitutes 
 a law of the conscious mind, and forms the condition under 
 which we think when the mind, having entered into its full 
 intellectual and moral development is unbiassed, pure and un- 
 shackled by a priori theories. In the intellectual growth of 
 the mind where it is manifested as the motor of a nascent 
 development, Intuition is foreshadowed through that spontaneous 
 lucidity of Instinct, bordering on Reason, which we are so often 
 astonished to observe in animals. Forecasting the adaptations of 
 Intellect, it becomes permanently conspicuous at the first dawn of 
 Eeason, of which it is ever a concomitant in the human mind, 
 whose continued evolution and adaptation to a higher stage of 
 moral and intellectual progress it presages. Intuition underlies 
 all our scientific speculations, and helps them through the dead- 
 points of the mechanism of Reason ; indeed, without its stimulating 
 and subtile vitality, this mechanism would stop just at the point 
 where its forces are most wanted for the conception of Primary 
 Truths, which form the bases of all sciences (13). 
 
 Intuition awakens in the mind a degree of consciousness, 
 distinct from the intellectual perception of Reason, which is called 
 Feeling, Spiritual Feeling or Inspiration. This Feeling and 
 
14] THE PHILOSOPHY OF CIVILIZATION. [11. 
 
 Reason, when combined, form the popular understanding, that 
 spontaneous perception of all normal minds, called Common 
 Sense (treated in 34). Hence truth is felt where science cannot 
 procure any evidence or demonstration, while we speak si feeling 
 the truth of a proposition or the force of an argument; of feeling 
 our obligation to do this or that. The more the human mind 
 advances in its course of development, the more Intuition is pre- 
 eminent, and the more extensively and consistently will it be 
 listened* to. Genuine Intuition will then be kept free from the 
 delusive influence of Imagination, which latter is often mistaken 
 for the former. But Imagination is the faculty or combination of 
 faculties by which certain ideas are evolved in the mind, whilst 
 Intuition is the criterion by which these ideas, created by Imagin- 
 ation, are tested, when Eeason, overpowered by Imagination, is 
 not to be trusted or is inadequate for its functions. Imagination 
 is thus merely the effervescence of Reason, which sometimes 
 produces ebullitions dangerous to the stability of the mind, whilst 
 Intuition, constant and constructive as all the forces of Nature, is 
 the regulating principle of Reason (20). Being concomitant with 
 Reason it connects human consciousness with the Unknowable, 
 with that Inscrutable Cause which manifests itself as the Uni- 
 versal Law of Nature, by causing us to feel intuitively what is 
 indemonstrable to Reason, and thus to exercise, as nearly as 
 possible, the same kind of control over the unknowable world as 
 that which we already possess in respect of the phenomena of the 
 material world. As such, it is recognizable as the Soul, which 
 unites the human creature with its Creator. 
 
 11. The Soul is represented in the Ego of our conscious- 
 ness through that power of nascency in the evolution of mental 
 organism described in the preceding section as Intuition. The 
 influence of the Spirit of Creation, as noted above, is manifested 
 in the process of evolution, i.e., the process of forces in matter, in 
 organism; and in the impulses to the respective processes of devel- 
 
 * FIRST PRINCIPLES, 14. 
 
12.] THE PHILOSOPHY OF CIVILIZATION. [15 
 
 opment and growth, in conformity with the general progress of 
 the Universal Law of Nature, of which it is the Power. u The 
 Power which the Universe manifests to us," says Mr. Herbert 
 Spencer, " is utterly inscrutable."* This First Cause, or absolute, 
 this fountain-head of all laws, physical and moral, with their 
 all-pervading principles, which we call the Spirit of Creation, 
 transcends human knowledge, and is indemonstrable to the 
 human mind, which can only perceive its effects in Matter, when 
 it is called Force ; in Organism when it is called Life ; and be 
 conscious of it through that special innate state of the conscious 
 Ego, called Intuition, where its impulses and inspirations are 
 the manifestations of tho Soul. 
 
 12. Thus Intuition and the Ego of consciousness are 
 manifestations of the Soul. The idea of the good and the evil, as 
 derived from the moral senses Conscience and Sympathy, is 
 contemplated by our Ego of Consciousness and compared and 
 contrasted with our own action and that of others, with our 
 perception (through our physical senses) of external objects and con- 
 ditions, and finally judged. Thus the soul is represented through 
 Intuition by the Moral Element (5) in the Ego of Consciousness 
 which is the centre of the moral senses, and of the free will ; the 
 power "which summons, suspends, or dismisses,' 7 and which sits 
 as supreme judge over our moral conceptions and the will (18).* 
 As the Ego, the self conscious subject, is the power of impul- 
 sion and of inhibition, of acting and of restraining, is the centre of 
 free will and of the moral senses, this centre is seldom at rest and 
 in unity in face of the many complex and adverse tendencies and 
 conflicts of activity between volition, conscience and sympathy. 
 This makes the Ego often appear divided between action and 
 resisting, which constitutes the state of mind called Moral Doubt, 
 to be noted in 25. But in the morally and intellectually well deve- 
 loped and disciplined normal mind (24), the Ego, in spite of all 
 adverse chances, will retain its moral mastery and rational activity. 
 
 * KENOUVIER. Essai de Critique Qtntrale. 2nd Edit. Vol. i,, p. 395 et seq. 
 
16J THE PHILOSOPHY OF CIVILIZATION. [13 
 
 The influence of the Spirit of Creation in the evolution of 
 the Mind not being perceivable through Sense, as in the inorganic 
 and organic evolutions, this influence is made cognizable to the 
 Mind through the Soul, which is then presented to our conscious- 
 ness as the relation which exists between our moral-mental 
 organism and the Spirit of Creation ; in other words, the soul is 
 the representative of the Spirit of Creation in the process of the 
 higher evolution of the human mind (29). If the mind is in an 
 abnormal or unsound state, through complete moral depravity or 
 physical un fitness for moral or rational conception, then the cur- 
 rent of communication between the Soul and the Mind is suspended, 
 the rays of Intuition which enkindle the moral senses, conscience 
 and sympathy, are excluded, the spiritual life is suppressed, and 
 the body is morally dead, being then only animated by the 
 common animal instinct, or by those shreds of intelligence which 
 sometimes cling to the human mind after Reason has become 
 extinct. In this morbid state of the mind the Ego is dislocated 
 and the will not being under control of the moral senses, the indi- 
 vidual is not accountable for his deeds. When derangement or 
 decomposition of the physical organs obstructs the circulation 
 of the blood, physical life is impossible ; thus it is with spiritual 
 life, when the mind is unfit to retain the impulses of the Soul.* 
 
 13. Primary Truths or First Principles are brought under 
 the cognizance of the mind through Intuition as stated previously 
 (10). These Truths are ideas which are fundamental to and 
 presupposed in the operation of the understanding; they are, 
 however, not furnished by sense awakened in the mind on occa- 
 sions of material experience, nor are they produced by sensuous 
 experience, for they spring up in the mind intuitively whenever 
 the fitting occasion is presented ; whence it may be inferred that 
 
 * " Then shall the dust return to the earth as it was, and the spirit shall return 
 unto God who gave it." Ecclesiastes xii. 7. " There is a spirit in man, 
 and the inspiration of the Almighty giveth them understanding. Who 
 teacheth us more than the beasts of the earth and maketh us wiser than 
 the fowls of Heaven." Job xxxii. 8, and xxxv. 10 and 11. 
 
14.] THE PHILOSOPHY OF CIVILIZATION. [17 
 
 they are conceived in the mind through the special power of 
 Intuition, operating under appropriate circumstances.* 
 
 These Truths are of two distinct classes, viz., Physical 
 Truths, the principles of the physical laws of nature ; and Moral 
 Truths, the primary ideas of right and wrong, which are the First 
 Principles of Justice. (Com p. 30). 
 
 We must note here, that the terms Intuition and Soul are of 
 one and the same meaning to express the manifestation to our 
 consciousness of that unexplainable power which we postulated 
 under the name of Moral Element of Nature (5 and 32). The 
 term Soul is used in preference in the description of the 
 moral-mental development. 
 
 14. The source of moral development, from which mankind 
 derives the impulse for the continuation of the strife in the prog- 
 ress of civilization in its purest nature, is the Soul. Emanating 
 from the Spirit of Creation, the absolute Cause of the Universal 
 Law of Nature, and the fountain head of Perfect Good, the 
 Soul imparts to the human mind, through its moral senses, 
 the nature of the Good (5). The Good is not what is agreeable 
 or disagreeable to the senses, nor any concept of speculation based 
 on the principle of utility, though it is intimately connected with 
 general welfare. It is the perfect harmony of Justice and 
 Benevolence, the parent of all virtues, which constitutes the rules 
 of action of the moral senses called the Moral Law of Nature. 
 
 The Good is not a utilitarian theory. Deeds are right not 
 because we approve of them, but we feel happy when approving of 
 them because they are right. They are right not because they 
 are commanded, on the contrary, they are commanded because 
 they are right. ^ 
 
 This is the subjective Good, which becomes objective in 
 customary and written laws, through the Spirit of Law, described 
 hereafter (33). 
 
 * JOSEPH HAVEN, Mental Philosophy, Ed. 1878, p. 34-229. 
 t IDEM, Moral Philosophy, p. 47. 
 
18] THE PHILOSOPHY OF CIVILIZATION. [15. 
 
 15. The two elements of the Good, justice and Benevo- 
 lence, as revealed to us through impulses of the Soul, are presented 
 to our consciousness through the moral senses Conscience and 
 Sympathy. These moral senses are the special senses of the mind 
 whose office it is to take cognizance of moral distinctions, as the 
 eye distinguishes colors and the ear sounds. The basis of the 
 moral senses is Intuition, described above (5 and 10). 
 
 Conscience impresses on the mind the distinction between 
 right and wrong, and the principles of Justice, which constitute 
 the Law of Conscience. Sympathy, on the other hand, is the 
 moral sense through which the emotions, which engender the 
 disinterested affections called Benevolence, are awakened in 
 the mind. 
 
 The conception of the one is not necessarily preceded or 
 followed by the emotion of the other. They are co-existent in 
 the sound and pure mind, and, though distinct, stand in equal 
 counterpoise in the balance of Righteousness, which is the state of 
 mind when the will is in perfect harmony with the Moral Senses. 
 Justice is the rule of right conduct and duty, as dictated 
 by Conscience, which keeps alive the awful sense of right and 
 wrong. But Benevolence, which is the reflection in the pure 
 mind of the Creator's love for His creatures, allows no rules to be 
 imposed upon human nature except such as the frail human 
 powers are able to bear, and such as are beneficial to the progress 
 of mankind, without overtasking its strength. For Justice, apart 
 from the moderating control of Mercy, degenerates into despotism, 
 and from despotism into tyranny. But to keep Benevolence free 
 from any bias to laxity or excessive lenity in procedure, which 
 might encourage lawlessness in the human mind, Conscience, 
 which approves of and commands just actions, can forbid the will 
 to contribute to the gratification of Sympathy whenever affec- 
 tions, excited by Imagination, become dangerous to that genuine 
 Benevolence which is in perpetual agreement with the principle 
 of Righteousness. There is no justice without mercy. Justice 
 
16.] THE PHILOSOPHY OF CIVILIZATION. (_19 
 
 and mercy combined constitute righteousness, and righteousness 
 is peace of mind* 
 
 Thus the Good is presented to the conscious mind, as a 
 state of perfect harmony between Conscience and Sympathy. 
 Hence, the more these Moral Senses are developed, the stronger 
 is the conception of the Good in the Mind. 
 
 16. Akin to their common source, viz., Intuition, hoth 
 Conscience and Sympathy likewise derive their origin from Life 
 itself, and pass, with the latter, through all stages of evolution. 
 Both Conscience and Sympathy are sometimes, to a certain 
 degree, manifested in animals, especially when those powers are 
 awakened by training ; but their harmonious combination, effected 
 through the Soul, is only developed in the higher stage of men- 
 tal evolution, which is called the moral-mental organism. This 
 harmony is the manifestation of the Moral Element in Nature, 
 and reveals the influence of the Soul in the human Mind. The 
 Moral Law of Nature, i.e., the rules of action of the Moral Senses, 
 through which the natural distinction between virtue and vice is 
 cognizable, is as essential for the interpretation of Nature in her 
 consummation of the evolution of the human race, as the Physical 
 Laws are with regard to material and organic development. f 
 
 As Justice is the right Reason, so is Benevolence the right 
 Sentiment in man. Both are impulses of the Soul, proceeding 
 from the divine elements of Justice and Mercy, which, when 
 
 * " Justice and Mercy are met together ; righteousness and peace have kissed 
 each other." Psalm Ixxxv. 10. 
 
 f AS it is with the physical, so it is with the ethical. " A belief, as yet fitful and 
 partial, is beginning to spread amongst men, that here also there is an indis- 
 soluble bond between cause and consequence, an inexorable destiny, a law 
 which altereth not. Confounded by the multiplied and ever new aspects of 
 human affairs, it is not perhaps surprising that men should fail duly to 
 recognize the systematic character of the divine rule. Yet, in the moral as 
 in the material world, accumulated evidence is gradually generating the con- 
 viction that events are not at bottom fortuitous ; but that they are wrought 
 out in a certain inevitable way by unchanging forces. In all ages there has 
 been some glimmering perception of this truth ; and experience is ever giving 
 to that perception increased distinctness. Indeed even now all men do in 
 one mode or other, testify of such a faith. Every known creed is an asser- 
 tion of it." HERBERT SPENCEK, Social Statics, Edit. 1883, p. 54, 
 
20] THE PHILOSOPHY OF CIVILIZATION. [17. 
 
 combined, produce the disinterested affections or virtues called 
 piety, humanity, love, integrity, modesty, chastity, faithfulness, 
 temperance, self-control, patience, self-sacrifice, manliness, self- 
 respect, and the noble passions of courage, indignation or unselfish 
 aversion to wrong, and all further impulsive ardour towards the 
 good, the true and the beautiful. 
 
 17. Virtue is the inherent quality of the moral-mental 
 organism of man ; " the natural instinct of the Soul which 
 demands and strives for the good, and which approves and is 
 satisfied with that only which is right in human conduct and 
 endeavor."* When governed by the Moral Element in Nature, 
 the normal 'condition of man's moral-mental organism is the 
 perfect equilibrium between its moral senses Conscience and 
 Sympathy, from which harmony emanates the Good, when these 
 moral senses completely possess the mind. This makes a good 
 man act rightly on the simple ground that it is natural to do so. 
 
 As such, virtue can never be conceived as a speculation on 
 reward or as dread of punishment ; neither is the Good a utilita- 
 rian principle, for Righteousness being the perfect harmony of 
 Conscience and Sympathy, a mind with fully developed moral 
 senses in perfect equilibrium cannot contain any evil thought but 
 with an acute sense of pain which brings his whole nature into 
 revolt, struggling to regain its moral gravity. To the mind in 
 which the moral senses are dumb through depravity it is an 
 equally difficult task to become virtuous. The will in the right- 
 eous mind is more easily subjected to the moral senses, for in such 
 minds these senses are predominant, while, in the mind without 
 developed moral senses, the will is at the mercy of the animal 
 propensities. When the mind is abandoned to a vicious imagin- 
 ation, and Conscience and Sympathy are silenced, man is left a 
 wretched prey to animal passions and vices, and, if by education 
 or surroundings he being conscious of his state, yet persists, he is 
 morally below his species and worse than the brute, whose 
 
 *AieTOTLKt JOSEPH HAVEN, Moral Philosophy, p. 73. 
 
18.] THE PHILOSOPHY OP CIVILIZATION. [2l 
 
 organism does not include consciousness, which in the human 
 mind is the moral Ego (12). 
 
 As any condition of the mind is the final result of man's free 
 will (described in the next section), it is obvious that Virtue, 
 though being the natural outcome of the state of mind wherein 
 the moral senses are predominant, is merit to man, and thus leads 
 to human happiness, even to true happiness. Not the gratifica- 
 tion of the senses, surely ; for in this respect, man would be in no 
 way superior to the brute. The true happiness for man is the 
 highest activity of his intelligent and his moral nature, in har- 
 mony with free will, the unrestrained energy of knowledge and 
 goodness, which satisfies all the conditions of his mental and 
 moral nature. It is the perfect activity of a perfect life.* 
 
 18. As the state of perfection, i.e., the pure unpollutable 
 mind, in complete possession of the moral senses and unable to har- 
 bour evil thoughts, is not attainable in the present state of human 
 nature, man must ever strive and unflinchingly adhere to the 
 Good. On the other hand, as the moral senses can never be 
 completely crushed out from any moral-mental organism, man, in 
 a normal condition, is ever accountable for his moral actions ; and 
 on the same ground, the regeneration of a criminal is to be expect- 
 ed. This natural result of free will is the basis of Penal Law. 
 
 Moral actions are those to which the quality of virtue or 
 guilt, of praise or blame, can be attached and pertain only to the 
 normal state of the conscious mind of rational beings, and only to 
 the voluntary actions of such beings. This refers to the various 
 forms of mental activity, not merely the putting forth of physical 
 power. An external bodily act is moral only so far as it involves 
 and proceeds from some activity of the mind, the body being the 
 instrument of the mind.f It is obvious that in this psycho-phys- 
 iological definition of moral actions the physical views con- 
 cerning the human activities are not included. The descriptions of 
 
 * ARISTOTLE. JOSEPH HAVEK, Moral Philosophy, p. 74. 
 t IDEM, Moral Philosophy, p. 60. 
 
22] THE PHILOSOPHY OF CIVILIZATION. [18. 
 
 the mechanism of the different kinds of movements and their 
 respective centers, viz., those which imply consciousness (and 
 which are called voluntary in the strict sense of the word) and 
 those which are noted as automatic, instinctive, responsive or 
 reflective (including the instinctive expression of the emotions and 
 other motor-adaptations) which are more or less perfectly organized 
 in the centers underlying the cortex, belong to physico-physiologi- 
 cal researches into the nervous system of the human body, i.e., of 
 the mechanism of the instrument through which the soul inspires 
 human consciousness and brings the body into action through the 
 will. 
 
 The Will is the executive power of the Ego ; that power 
 which our consciousness has of deciding or determining that it 
 will do certain actions or will restrain from acting in certain 
 directions. Willing is the exercise of that power. When the 
 determination of the will is put forth in actual deeds, the 
 execution thereof is called Volition. 
 
 The basis of the will is the Motive, that which incites the 
 normal mind to action, the reason why it acts, and acts as it does; 
 that is, with regard to the intelligent and voluntary action which 
 we called above Moral action, and which alone is here in question. 
 There may be many inducements to action, but only one final 
 motive ; the prevailing inducement, that which actually moves the 
 will to put forth volition, is designated by the term Motive* (29). 
 
 Motives are of two classes, viz., the Desire, which springs 
 from self-love, and is more or less in contradiction with right- 
 eousness ? in conformity with the subject's notions of material 
 happiness, and Duty, the moral motives, that spring from that 
 sense of obligation which corroborates with the Moral Senses 
 Conscience and Sympathy (15 & 20). Motives of duty are not 
 resolvable into motives of interest, but when desire and duty 
 coincide, peace of mind is secured. Then man no longer views as 
 agreeable that which is not in pure harmony with his moral senses, 
 
 * JOSEPH HAYEN, Mental Philosophy. 
 
18. J THE PHILOSOPHY OF CIVILIZATION. [23 
 
 and he realizes " the peace of God which passes all understand- 
 ing" (14 and 17). But, says the utilitarian, this very approval 
 of the moral senses which procures the peace of mind that 
 constitutes happiness is, after all, self-love, the desire of happiness, 
 the only motive to act righteously. Such assumption proves the 
 utilitarian logic exhausted, for consciousness contradicts it. That 
 there is such, a thing as the distinction between doing right for 
 righteousness' sake, in opposition to the motive of conduct which 
 prompts us to secure our own interest, every man is conscious of, 
 the egoist not the least, and the history of the human race gives 
 ample and irreproachable proofs of genuine self-sacrifice. 
 
 From the above will be noticed that the will is free, but that 
 volition can be physically and even morally diverted from executing 
 the decision of the will. Physiology shows that in every voluntary 
 act there are two distinct elements, viz., the independent free power 
 of decision, centering in the Ego of consciousness (12); the will, 
 and the practical result of this power volition the execution 
 of the fiat of the free will on the motive for action or inhibition, 
 which takes place through the complex physico-physiological 
 mechanism, consisting of muscles and sinews and vital forces. 
 Thus the will is the cause, but volition the physiological power of 
 acting or inhibiting.* But, as said above, the harmonious work- 
 ing of these two elements, in the voluntary activity of the mind can 
 be disturbed. This is often the case not alone in consequence of 
 pathological paralysis of the physiological mechanism, through 
 which the volition takes place, the physical constraint, but also 
 morally caused by the struggle between the two classes of motives 
 described above. Hence the difference between willing and 
 doing, good intentions and good acts, the knowing what is right and 
 the practising of it, the condemning of an unlawful passion and the 
 withstanding of the same, in fact, the struggle between the moral 
 senses and the animal propensities of the human nature (76). 
 
 Thus the Will is the power of voluntary moral action, which 
 
 * SCHNEIDER, Der Henschliche Wille, etc. TH. RIBOT, The Diseases of the Will, etc, 
 
24 J THE PHILOSOPHY OF CIVILIZATION. [18. 
 
 constitutes the basis of human accountability and lies therefore 
 at the foundation of ethics. As such, it is the active moral 
 power of man, and duty pertains first and chiefly not to the 
 external conduct, but to the responsible normal mind, whose free 
 will finds its expression in the outward conduct called moral 
 actions. This brings us to the problem : "What is Free Will, 
 and is a, free will compatible with a settled order of Nature ? 
 
 For the solution of this, like any other problems regarding 
 the human mind, which is a concrete phenonenon, we must 
 search the Book of the direct Divine Revelation, which is tbe 
 open book of creation where the laws of Nature are inscribed by 
 the Creator's own hand without aiiy intervening medium. 
 
 With regard to individual free will, we learn from the 
 theory of natural evolution the following definition. 
 
 Human individual free will is the moral faculty evolved 
 from the organic germ of that innate instinctive power of spon- 
 taneous variation which is observable in individual members of 
 animal species, in their selection and adaptation of appropriate 
 specific characters, for their physical development, or adapted to 
 fit their material nature to actually surrounding inflences. This 
 is the manifestation of a design in the Motor of Evolution, noted 
 above (pp. 3 and 11). 
 
 Th& accumulated development of these adaptations leads to 
 amelioration or degeneration of the subject, according to the 
 nature of the affecting circumstances. Together they constitute 
 the physiological cause, which with the aid of the physical 
 conditions, called " factors of organic evolution,"* produce those 
 particular variations from which new species are evolved. This 
 natural evolution process is called " natural selection " or " phy- 
 siological selection "f . 
 
 With the development of the human moral-mental organism 
 
 * HERBERT SPENCER, "Factors of Organic Evolution," Nineteenth Century, 
 May, 1886, p. 748. 
 
 t GEORGE J. ROMANES, " Physiological Selection," Nineteenth Century, Janu- 
 ary, 1887, p. 59. 
 
18.] THE PHILOSOPHY OP CIVILIZATION. [25 
 
 from the lower organic forms (5), this animal instinctive power 
 of variation and adaptation, to fit material surroundings, has 
 gradually developed into the moral faculty of free will, which 
 now operates through the moral senses (16) and by means of the 
 activities, called moral actions, as described above (p. 21). It 
 strives henceforth to fit the now more complex organism not 
 alone to material surroundings, but, as a necessity of the 
 gradually developed moral as well as material nature of the 
 subject, also to satisfy the altruistic injunctions of the social 
 organism (48). 
 
 This is the individual free will. Man's will, following any 
 spontaneous wish or desire to arrive at some definite condition 
 or position, or to perform some act for any purpose, is free, but 
 the result of any voluntary act comes immediately with the execu- 
 tion of his free will in the order of the respective law of Nature, 
 which, with regard to man's moral volition, is the Moral Law of 
 Nature (5 and 29).* The arbitrary will has normal effect. 
 The will once executed, man stands powerless before the natural 
 effect of this voluntary causation, but nevertheless completely 
 accountable for all the consequences of his volition, for whatever 
 evil he has brought by his free ivill into the world. He who 
 brings evil into the world is responsible for all the results of his 
 'evil. To the doer belongs his deed. Causa causa est causa 
 effectus is a true principle of Justice. 
 
 * Laws of Nature, as stated on page 2, are conditions formed by sequences 
 of events and causations which appear with persistency and regularity to 
 our consciousness. They are the "rules of action" ot perceptible agents 
 and the "modes" in which not perceptible forces are manifested. Thus 
 the rules of action of our cognizable Moral Senses are called the Moral 
 Law of Nature (14). "We call these rules laws of nature," says Prof. 
 Huxley, " not because anybody knows whether they bind nature or not, 
 but because we find it is obligatory on us to take them into account both 
 as actors under nature, and as interpreters of nature." (" Scientific and 
 Pseudo- Scientific Realism," Nineteenth Century, February, 1887, p. 201). 
 As " actors under nature" these " rules" are the uniform modes in which 
 the Ultimate Cause, called Spirit of Creation, is manifested (page 2), while 
 Nature's design, i&, the spontaneous variabilities in organic evolution, does 
 not admit of persistent invariability in " sequences of events." 
 
26] THE PHILOSOPHY OP CIVILIZATION. {$$ 
 
 On the other hand, for the same reason, he who, by moral act 
 or conduct, produces virtuous results has also all the merit of his 
 free will in moral sphere. The results of human free will are 
 analogous to the variations in physical nature ; the first are classed 
 under the Moral Law and the latter under the Physical Laws 
 of Nature. A moral variation may cause an amelioration or 
 deterioration of the human mind in conformity with its effect as 
 tending towards a higher or a lower moral standard, just as a 
 physical variation affects the species in its structure and utility 
 for the better or for the worse. Thus it is that man's free will 
 causes the appearance of Virtue or Vice. 
 
 19. All manners of conduct which are styled Virtues, are 
 marked by an intrinsic similarity of character through having a 
 common source. This source is the Moral Element of Nature, the 
 Motor of the Good, which is manifested to the human mind 
 through the moral senses Conscience and Sympathy. Good and 
 evil, or right and wrong, are by no means variable or merely 
 relative qualities, changing with temporary circumstances of 
 civilization. The value of man's ethical judgment, the suscepti- 
 bility of his Moral Senses, naturally varies in conformity with 
 the degree of development to which his moral-mental organism 
 attains. Hence it comes that certain acts are in some particular 
 stage of the evolution of this organism, through deficient develop- 
 ment of the moral senses, regarded as indifferent, as matters with 
 which morality has no concern ; that certain acts are in conformity 
 with the relative state of ethical valuation, deemed expedient, 
 which in the respective stage of moral development is tantamount 
 to good ; whilst the very same acts are, in another more highly 
 developed stage of civilization, condemned as actually vicious. 
 When we clear away from the path, which this development has 
 gradually traversed in the history of the human race, all desultory 
 human acts prompted by special motives of expediency, or caused 
 by the contending propensities of mankind in its struggle for 
 moral existence, we cannot fail to acknowledge that the working 
 
20.] THE PHILOSOPHY OF CIVILIZATION. [2/ 
 
 of the Moral Element in Nature is plainly manifested through the 
 mist of ages and in the midst of what, at first sight, we should 
 think hopeless barbarism. Side by side with grievous deviations 
 from morality, caused by the lower animal propensities of 
 the human mind, the history of mankind shows often the most 
 lucid appreciation of the Grood, which is the manifestation of that 
 universal motor of the Good, the Moral Element of Nature, that 
 mysterious power which guides the human mind. The Good is 
 ever the same. The appearance of differences in the valuation 
 depends upon the standard of ethical judgment, that is to say upon 
 the state of the Popular Conscience and the development of the 
 Spirit. of Law (33) in the respective stage of civilization, which is 
 the exponent of the relative state of development of the moral- 
 mental organism of man. The Moral Element of Nature, in the 
 natural course of evolution, grows into that state of preponderance, 
 in the human mind, which forms what we termed above the 
 sixth stage of creation on earth (5), but its progress is often 
 checked by the animal propensities of the lower stages, though its 
 development is undeniably traceable in the history of mankind 
 as a whole, when viewed from the stand-point of the Philosophy 
 of Civilization. 
 
 20. Against this influence of the Moral Element in 
 Nature there is constant war waged by Egotism, through 
 Imagination, that active agency of evil thoughts in the mind 
 when wrongly excited, on the part of the rapacious, selfish 
 inclinations of man's animal nature. 
 
 It is impossible to estimate the mischief to which a wrongly 
 excited imagination may lead the human mind, with its tendency 
 to believe what it desires to think, for " the wish is father to 
 the thought." 
 
 The supremacy of Egotism, in this war between its agent 
 Imagination and the moral senses Conscience and Sympathy, is 
 marked by the vices, which are caused by love of power, by 
 feelings of ambition, envy, jealousy, love of wealth, lewdness and 
 
28] THE PHILOSOPHY OF CIVILIZATION. [21. 
 
 by other animal appetites. Unless checked by Conscience and 
 right Sentiment, those vices produce a habit of malignity, which, 
 as the reverse of Righteousness, is the state of depravity of the hu- 
 man mind when not under the ennobling influence of the Soul.* 
 
 21. The deceitful Imagination, that parent source of 
 evil thoughts, which arouses our animal propensities by exciting 
 the material nature of man, creates by its hallucinations false 
 virtues. What is only covetousness based on rapacity is repre- 
 sented by Imagination as a noble ambition striving to reach 
 the Great and the Good. What is only vanity based on 
 brutish propensities, is held up by Imagination as courage, as a 
 noble passion of disinterested self-sacrifice, which in reality can 
 only originate from sympathy with the welfare of our fellow- 
 creatures. Finally, alas ! lewdness, that vilest of animal inclina- 
 tions, is represented by Imagination in the pure and unguarded 
 virgin mind, as real unpolluted sympathy, as the noblest 
 conception of which the human mind is capable as love. 
 
 But the baneful influence of Imagination on Reason is here 
 easily detected, if the will is but strong enough. Trace Love from 
 its noblest character as ardent, active sympathy, when in perfect 
 harmony with Conscience, down to that sordid sensual feeling of 
 the libertine, which is wrongly called " love, 3 ' and you have 
 run down the scale of retrogression of the mental organism of 
 man from its lofty Spiritual Feeling to its lowest animal pro- 
 pensities. At this stage the passion thus wrongly called 
 " love " is but the animal propensities swept up by Imagination. 
 Its source is not sympathy nor is its basis friendship, for it 
 springs from that spurious compound of base desires which 
 is the product of Imagination and does not listen to Reason. 
 Pure love is reconcilable with duty and can stand the test of 
 s Moral Law of Nature, because the Good is manifested in the 
 
 * " I de?ight in the law of God after the inward man : but I see a different law 
 in my members, warring against the law of my mind and bringing me into 
 captivity under the law of sin, which is in my members." Romans vii. 22 
 and 23 ; anfl Romans viii. 1. 
 
22. J THE PHILOSOPHY OF CIVILIZATION. [29 
 
 perfect harmony of our moral senses which arises when 
 Conscience and Heart, Eeason and Feeling agree. 
 
 Such Love is sympathy in its active form concentrated on a 
 special object. When love is combined with reason, pare and 
 free from sexual bias, it is called Friendship. 
 
 22. When fanciful Imagination is inflamed by the pas- 
 sions of selfishness, and, unfettered by judgment, reasoning, 
 knowledge, truth or facts, takes entire possession of the mind's 
 field, she becomes then the active agent through which malignity 
 is instilled into the human mind. Imagination, the creative power 
 of the ideal so beautiful and sublime in her pure state, so useful 
 an agent and so indispensable for success in poetry, music, and 
 in the plastic arts and sciences, to minds of a high order, in the 
 discovery of new combinations, through happy conjecture, sup- 
 position or invention, is the fiend of the human "race whenever 
 she becomes the servant of malignant passions. As Conscience 
 is the moral faculty of Justice, and Sympathy that of Benevo- 
 lence, thus also is a vitiated Imagination the pa:rent of Vice.* 
 
 23, But, fortunately for man, his mind is so constituted 
 that the evil engendered by his animal nature <3an be neutralized 
 in the mind, and the power of a vicious Imagination coun- 
 teracted, in its own sphere, by another faculty of the mind called 
 Attention. This is the power the mind has to direct its thoughts 
 towards any given object to the exclusion of others. As both of 
 those faculties are under the control of the will, it only requires 
 strength of will and discipline of the mind, and the growth of 
 evil, which is engendered by a corrupting Imagination, will be 
 checked by fixing Attention on the Good to the exclusion of all 
 
 Imagination cetfce auperbe puissance, ennemie de la, raison, qui se plait a la 
 controler et a la dominer pour montrer combien elle peut, en toutes choses, 
 a etablir dans 1'homme une seconde nature. Elle a ses heureux, ses mal- 
 heureux, ses sains, aes malades, ses riches, ses pauvres ; elle fait croire, 
 dottier, nier la raison, elle suspend les sens, elle les fait sentir ; elle a ses 
 fous et ses sages ! et rien ne nous depite d'avantage que de voir qu'elle 
 remplit ses hotes d'une satisfaction bien autrement pleine et entiere que la 
 raiaon," PASCAL. Pensees, Art. iii. 53. 
 
30] THE PHILOSOPHY OF CIVILIZATION. [24. 
 
 evil thoughts. If you have the good luck to possess any bright 
 conception of that state called peace of mind, which is the 
 harmony between your actions and the Good, bring that up 
 in your mind and fix attention on it, and, by contrasting it 
 with actions which have disturbed the harmony of this peace 
 of mind, this attention on the Grood will save you. When dis- 
 contentment is the cause of evil thoughts, compare your better 
 lot with some worse state of unrelenting misery, let your, 
 sympathy place yourself in such a position of greater pain and 
 worse state of mind, and let your conscience give the verdict ; 
 hope and faith will return, and, through this exercise of your 
 moral senses, peace of mind is regained. Thus the harmony 
 between conscience and sympathy gives pleasure, and shews that 
 there exists no happiness outside the Good, while it predicts the 
 pains of the reverse.* This anchor is safe, for it is cast in good 
 holding ground, provided that the cable of your attention on the 
 Good does not part, but succeeds in arousing the determined 
 resistance of the mind to all aggressions of the awakened 
 selfish passions and desires of the animal nature, which are so 
 fatal to purity of mind, a requisite indispensable for the main- 
 tenance of harmony with the Soul. But strength of will and 
 discipline of mind cannot be attained except by earnest effort, by 
 resolute purpose and diligent training, for " the spirit truly is 
 willing but the flesh is weak." 
 
 24. This moral training of the mind is essential for the 
 completion of our moral organization and for the maintenance of 
 strength sufficient to guard us from the evil of our own nature, 
 by preserving us from those temptations which are engendered 
 through evil thoughts, by means of keeping the mind in constant 
 communion with the Good. Now this moral training of the 
 
 * " Oh what a glory dofch this world put on 
 
 To him who, with a fervent heart goes forth 
 Under the bright and. glorious sky, and looks 
 On duties well performed and days well spent !" 
 
 LONGFELLOW. 
 
25.] THE PHILOSOPHY OF CIVILIZATION. [31 
 
 mind is the province of the religion, which teaches how to keep 
 the mind sound and pure, and in perfect harmony with the 
 soul. We mean that religion which teaches Divine Love, and 
 shows how Eternal Justice is mitigated by Mercy for the gradual 
 elevation of mankind, the Christian Religion, in fact, the only 
 religion operating through Divine Love in perfect harmony 
 with our moral-mental organism ; provided we do not wilfully 
 spoil this most sublime result of evolution, the work of creation 
 on earth, which forms the corresponding medium between soul 
 and mind, by damping the strings of moral sense and thus 
 untuning the harp on which the soul would bring forth those 
 harmonious vibrations, which are to our inward ear the voice 
 of our Creator. 
 
 25. Another instance of the inadequacy of Reason to 
 supply, unaided by the Soul, all the wants of our moral-mental 
 organism, consists in the fact that, where Reason is not supple- 
 mented by Moral Sense, there remains a void, a darkness in the 
 human mind, which may be called Moral Doubt. The more 
 Sympathy is suppressed and timid Conscience kept aloof, the 
 greater becomes the Doubt, which is the disturbance of 
 equilibrium between the moral senses and the will. But when 
 Reason is in harmony with the Moral Senses, so that Conscience 
 and Sympathy regain their sway, controlling the will, there is no 
 place for doubt in the mind, which is then in a state of harmony 
 between the moral senses and the will. Then the Ego is in 
 unity and in its rational undivided state of conciousness as the 
 centre of the moral senses and the will (12). 
 
 26. The two elements of the Good, viz., Justice, whose 
 agent is Conscience, and Benevolenco, which is represented by 
 Sympathy in the human mind, constitute in their combination 
 the Moral Law of Nature, and are conceived in the mind 
 through the mind's moral faculties just .named, by the inspiration 
 of the Soul. 
 
 From this proposition we draw the conclusion, that through 
 
32] THE PHILOSOPHY OF CIVILIZATION. [26, 
 
 the conception of the Good, the Soul, the active agent of the 
 Spirit of Creation, is manifested in the human Mind. 
 
 But this is not all. The Chris tian Eeligion, as noted above 
 (24), is the natural discipline of the mind, for it is the fosterer 
 of our moral senses, Conscience a.nd Sympathy, through its 
 teachings of Justice and Mercy. The conviction of the necessity 
 of the moral senses we receive through logical induction, when 
 tracing the natural evolution from matter and force up to 
 the moral-mental organism of man. Faith in the Creator and in 
 Christianity, as imposed on our consciousness through our moral 
 senses, is thus strengthened by Natural Science, and Science is 
 thus the agent of Eeligion, through which the unbeliever is 
 brought to conviction, if he 4>nly give his consciousness fair 
 chance for unbiased conception. 
 
 When we thus contemplate the evolution of the human 
 mind, we cannot help feeling conscious of the fact that the 
 condition of progress towards perfection, which we call the moral- 
 mental organism, when developed in tJhe highest degree through 
 the Moral Element of Nature, represents the physiological 
 condition of the most perfect being this earth ever beheld in the 
 shape of man ; we refer to Him ^who came, by the will of 
 God, to impress on mankind the fact of their being connected, 
 through the Soul, with the Eternal Creator ; to foreshadow the 
 future nature of human beings, by throwing light on the goal 
 to which the Moral Law of Nature is leading. It might be 
 possible to reach, by scientific induction, the conception of the 
 nature of Christ, as such, when on earth. Indeed, if the history 
 of mankind did not already possess this ever living example, the 
 philosophy of evolution, if consistent in its search for the goal of 
 the development theory, for the final link which unites man, in 
 his highest development, with his Creator, would postulate such 
 a being, as this final link, as the utmost result of evolution. 
 
 Thus is Christianity corroborated by Nature, and if 
 religious institutions of Christian denomination, called churches, 
 
26.] THB PHILOSOPHY OE CIVILIZATION. [33 
 
 shrink from the alliance of science, they give up with this efficient 
 agent for the conviction of the human mind, the test of real 
 faith ; for faith is consolidated conviction, and conviction is the 
 settled harmony between Reason and Feeling, when Conscience 
 and Sympathy agree (34). Faith without conviction is supersti- 
 tion, which is caused by imagination, and has full sway of the 
 mind where Science is obscured. By science is not meant here 
 that curbed incomplete investigation of Nature, which we called 
 above (p. 3) the philosophy of external facts, and which, though 
 based on primary truths, awakened in the mind through intui- 
 tion, ignores intuition and the state of consciousness it creates 
 (13). This incomplete science leads often to mistaken views 
 of natural causation where the physical senses cannot reach. 
 The testimony of that consciousness awakened by intuition, which 
 is the basis of Reason and called Feeling, an essential element 
 of common sense (p. 13), being rejected, scepticism, which is 
 inadequate conception of causation, is created in the mind, with 
 the tendency to restrain the development of the mind within the 
 limits of the physico-mental organism (4). The outcome of this 
 coercing of the natural faculties is the grossest of all supersti- 
 tions, called atheism, the false assumption of a superficial and 
 inadequate investigation of causation, which accounts for natural 
 phenomena, but through external facts only, so far as the phys- 
 ical senses are able to go. Deprecating consciousness established 
 through the moral senses, it disjoins the Ego, and, instead of 
 leading to the natural goal of evolution, wanders away into pyr- 
 rhonism, the universal doubt which is the abortive fruit of this 
 incomplete science. But there is a real science which in its 
 investigation of causation includes the entire Nature, all we are 
 conscious of, whether through our moral senses or through our 
 physical senses (p. 1), the ego as well as the non-ego, employing 
 all the faculties of the human mind, in its full moral as well as 
 physical development. This complete science leads to the con- 
 vinced consciousness of a primordial causation, emanating from 
 
34] THE PHILOSOPHY OF CIVILIZATION. [27. 
 
 an intelligent Ultimate Cause and acting as Motor of Evolution, 
 through factors and agents perceivable through the physical 
 senses. It thus excludes superstition as well as scepticism, by 
 establishing, through scientific conviction, our faith in the Crea- 
 tor, for there is no law of nature, physical, mental or moral, of 
 which the discovery has not all the character of a Divine revela- 
 tion through intuition. It is by intuitive revelations that all 
 phenomena become explicable (comp. 35 and 38). 
 
 27. From the foregoing propositions, which are connected 
 with our hypothesis regarding intuition (10) as the manifesta- 
 tion of the Primary Cause or the Absolute in the evolution of the 
 mental organism, we draw this final conclusion, based on the broad 
 principle of evolution in its utmost consequence, viz., that through 
 the conception of the Good the soul is manifested in the human 
 mind, and that by cultivating our moral senses and maintaining 
 their harmony (which is the Good) we find the medium of 
 communication with our Creator, which will carry us safely to our 
 destination, if we sincerely adhere to the Good (14, 15 and 24). 
 
 28. There are two sorts of evil, viz., material or physical 
 evil, which, when properly viewed, gives impulses to the Good by 
 stimulating the moral sense of the well-ordered individual mind; 
 and moral evil, which is called Sin. The one unforeseen and 
 unavoidable in life is necessary in the world for the develop- 
 ment of moral sense in man; the other can and must be 
 prevented, for its appearance is not simply a misfortune to 
 ourselves and others, but baneful to the Good in all its aspects, a 
 woe to man. Hence the originator of evil is cursed, while the evil 
 produced by him is brought under control, by the Moral Element 
 of Nature.* Sin is the evil which disturbs the equilibrium be- 
 tween the elements of the human mind, in altering the proportion 
 of its parts and powers, in introducing the rebellion of the lower 
 
 * " Woe unto the world because of occasions of stumbling ! for it must needs be 
 that the occasions come ; but woe to that man through whom the occasion 
 cometh ! "St. Matthew xviii. 7. 
 
28] THE PHILOSOPHY OF CIVILIZATION. [35 
 
 animal propensities against the higher moral element. The evil 
 which comes to us from without, the accidental misfortunes which 
 meet us on our way, are calculated, in whatever form they may 
 arrive, to awaken our Conscience and Sympathy, to strengthen 
 the relation between Soul and Mind, in fact, this struggle for 
 improvement serves to bring us nearer to our Creator. " To be in 
 constant conflict with evil, in some shape or other, is the condition 
 appointed by Providence for men and nations, and the moment 
 the struggles for improvement cease, corruption and decay 
 commence. 3 '* But the evil which originates from our own animal 
 nature, which pollutes not only our own mind and makes it unfit 
 to receive and develop the impulses of the Soul, but generates 
 also evil in others, is the evil we pray to be guarded against and 
 from whose temptation we desire to be delivered. " Watch and 
 pray, lest ye enter into temptation " is the Divine commandment. 
 The purest mind stands the nearest to God.f 
 
 * Earl Grey, Parliamentary Government, p. 113. 
 
 f St. Matthew vi. 13. " La Vertu a son germe dans 1'ame humaine c'est une 
 consequence de son origine. Partioule emanee de la Divinite*, elle tend 
 d'elle meme a 1'initiative du principe de son emanation; ce principe la meut, 
 la pousse et 1'inspire. Cette particule detaohee de la grande ame, spe"cifiee 
 par son union a tel ou tel corps, est le genie de chaque homme, ce genie le 
 porte an beau, au bon, a la felieite. Sa souveraine felieite consiate a 1'ecou- 
 ter ; alors on choisit ce qui convient a la nature generate, a Dieu, et 1'ou 
 rejette ce qui contredit son harmonie, sa loi." ZENO, 
 
CHAPTER II. 
 
 THE INSTITUTES OF LAW. 
 
 29. The Human Mind. Development of LAW (Jus, Droit, 
 Bec7it.)30. Moral Truths and Physical Truths. 31. Conscience. 
 The Law of Conscience. 32. The Moral Law of Nature manifested 
 through social evolution as the standard of the Good. Is the origin of 
 International Law. Grotius. 33. The Spirit of the Age. (Zeitgeist.) 
 The Popular Consciousness. The concentrated sensorium of the social 
 organism. The Ego of the social organism. The National Spirit of Law. 
 Free State Education. Public Opinion. Free Press. 34. Common 
 Sense. 35. The Scholastic Philosophy and Positivism. 36. The 
 International Spirit of Law. 37. International Law is the manifesta- 
 tion of the influence of the Moral Element of Nature on Social Organ- 
 isms. 38. The Philosophy of Law and the Historical School. 39. 
 The Moral Element in Nature is the motor of Civilization, i.e., of 
 Material as well as Moral progress. The Aesthetic. Moral progress 
 comes through the individual to the Eace. 40. The subjective and the 
 objective form of Law (Jus, Droit, Becht.) 
 
 29. The expression Human Mind, so often used in the 
 foregoing pages, is the term by which is designated the individual 
 subject of thought in general, as the result of consciousness. 
 Here the Ego, when in sound normal condition and activity, 
 exercises its natural powers and susceptibilities in various mental 
 operations. These powers and susceptibilities are called Facul- 
 ties, to distinguish the different functions or modes of activity of 
 the mind. The conditions under which these various activities 
 of the mind operate constitute the Mental Law, so far as these 
 conditions regard the connection of the mind with objects outside 
 itself, i.e., with the Non-Ego ; this is the sphere of objective activ- 
 ity of mind. The same conditions of activity constitute the Moral 
 Law when regard is had to the relation of the mind with the 
 
30.] THE PHILOSOPHY OF CIVILIZATION. [37 
 
 moral senses Conscience and Sympathy ; which is the subjective 
 activity of the mind in connection with the Ego of our consciousness 
 (12). Such is the condition of mental activity when the Moral 
 Principles or Moral Truths, described in the next section, are 
 conceived in the mind through the moral senses just named. 
 As such the Mind can he defined as the workshop of the Soul, 
 where the impressions of the Moral Senses are formed into 
 Motives (18). 
 
 Moral Truths are the principles of Ethics which form the 
 rules of man's conduct, i.e., the rules of life, individual as well as 
 social, in the language of jurisprudence called Customs. 
 
 Thus by the operation of the human mind, through the 
 Moral Senses (15 and 29), aided by suitable surroundings of 
 social conditions, the subjective moral obligations, which consti- 
 tute the main guidance of men's acts, are developed into objective 
 Customs, controlling the individual moral conduct of man as 
 well as regulating his relations with his fellow-creatures. These 
 objective ethico-legal obligations form the basis of the rules 
 which, regulating the conditions of the social relations of men, are 
 called LAW (Jus, Droit, Recht.) They give us the natural test 
 by which the condition of Society called civilization is gauged. 
 Hence the natural conditions under which the development of the 
 human mind, i.e., the moral development of man, takes place 
 constitute the Moral Law of Nature. 
 
 30. Primary Truths or First Principles, the consciousness 
 of which is described above (13), may be divided into two distinct 
 classes, viz., Moral Truths and Physical Truths ; which differ 
 from each other in regard to the modes in which Truth develops 
 itself in the mind. As the capabilities of the mental powers 
 often differ in their application, so the development of Primary 
 Truths in individual minds really differs in proportion to the 
 capacity and relative freedom of the mind. 
 
 This variety gives prominence to the differences which 
 mark the process of development in the mind of Moral 
 
THE PHILOSOPHY OF CIVILIZATION. [30. 
 
 Physical Truths respectively. Moral Truths are less dependent 
 on the physico-mental development of the mind's functions 
 than Physical Truths, for the development of Moral Truths 
 does not depend upon the degree of cultivation of the differ- 
 ent faculties of knowledge, collectively called Intelligence, hut 
 upon the measure of purity and soundness possessed by the 
 mind; that is, upon its moral as well as upon its physical 
 aptitude to receive the intuition of the truth. The development 
 of Physical Truths, on the other hand, is independent of any 
 state of purity or perversion of the mind, and of any moral 
 conception of Conscience and Sympathy, being performed through 
 the power of Reason, which differs in each individual ; so that 
 those Truths are more or less discernible in accordance with the 
 degree of development to which these faculties have attained. 
 Hence arises the distinction which is observed between the nature 
 of the development in the human mind of Moral Truths and 
 Physical or Scientific Truths. The former, as principles of 
 Justice, develop, through the moral senses, into those laws of 
 ethics, of human conduct and duty, by which we perceive and 
 follow the Good. The development of Physical Truths, on the 
 other hand, depends on the more or less completeness of our 
 conception of physical causation, when arived at with or without 
 consciousness created by intuition. This proves the connection 
 which exists between the two stages of mental evolution we styled 
 above the physico-ment&l and the wora/-mental organism. 
 
 Moral and Physical Truths are both constituent principles of 
 the Universal Law of Nature, which indicate the general order 
 of Creation, but Moral Truths form the basis of human responsi- 
 bility, the law of human conduct and duty, and give certain direc- 
 tions to Reason, while Physical Truths, finding their development- 
 in Reason, through the Mental Law (29), and thus brought 
 forward by the strength of reasoning, are dependent on the degree 
 of development to which the individual faculties of knowledge 
 have attained, and seem to have Reason for their source. 
 
31.] THF PHILOSOPHY 01 CIVILIZATIOK. [39 
 
 The same moral obligations, which in the present generation 
 extend their sway over all mankind, were acknowledged by 
 human Consicence as Moral Truths long before human Intel- 
 ligence conceived the simplest Physical or Scientific Truth. 
 And the simplest Scientific Truths, with or without the co-opera- 
 tion of scientific education, teaching, or experience, may be 
 forgotten, or they may be displaced by the knowledge of other 
 Physical Truths, with their correlative sciences. Whereas the 
 spiritual impulses of Justice and Love, which are in their 
 tender germs already discernible in the spontaneous action and 
 inclinations of the child, at the first dawn of reason, when yet 
 free from all bias of human training or worldly experience, 
 cannot be effaced from the pure Mind, whose natural inclination 
 when in a normal state, ever was and is to follow the impulses of 
 the Soul. Now, as Reason is the reflective power whose office it 
 is to disclose the right and the wrong, as well as the true and the 
 false, the beautiful and the reverse, it is one and the same 
 faculty of our organization through which the synthetic process 
 of induction both of Moral and of Physical Truths takes place. 
 The consequence is that the differences which mark the process of 
 their respective development in the mind are often disregarded, 
 as the same test applies to both, viz., the reliability of our mental 
 faculties and the correctness of their operations. 
 
 This is what leads the sceptical materialist, who can see 
 nothing beyond his narrow horizon, to ignore the moral element in 
 Nature and to deny to the human mind the moral organism with 
 its power of prescient or intuitive conception . He banishes all this 
 from creation, as not being comprehended in his philosophy, which 
 does not admit of any progress of evolution beyond the physico* 
 mental organism. But the inadequacy of Reason is fully demons- 
 trated by the fact that, if our faculties were limited to the 
 physico-mental organism, i.e., the mind without the help of Intui- 
 tion (10), our rational knowledge of simple material experience 
 would be the limit of our consciousness ; but this is not the case, 
 
40] THE PHILOSOPHY OP CIVILIZATION. [31. 
 
 for who does not readily apprehend, without any attempt to 
 define them, the meaning of the terms truth, ought, right, con" 
 science, sympathy ? Can reason alone or logic define them ? 
 No more than they can define space and time, or matter and 
 force. But these ideas do not require any analytical definition 
 to be understood, for if we cannot circumscribe them by logical 
 definition, we can surely feel them through intuition and be 
 perfectly cognizant of all the emotions they engender. 
 
 31. Thus is manifested the inadequacy of Reason to 
 constitute, when left alone and without the help of a higher 
 faculty of intuition, the criterion of human accountability. It 
 indicates also the existence of a moral sense in the human mind, 
 which immediately approves or disapproves without reference to 
 any further consideration of logical utility, and serves as an 
 inspiring agent to Reason, tending to develop in the mind the prin- 
 ciples of Justice. Yet, though the nature and constituent prin- 
 ciples of this moral sense called Conscience, may be beyond the 
 sphere of logical definition, it has real existence, for its infallible 
 hold on the human mind, its dominion over Reason and Intelli- 
 gence, and its powerful influence on the dealings of mankind, are 
 manifested in all periods of human life, in all states of Intellec- 
 tual development and in all stages of civilization. This is likewise 
 the case with regard to the other moral sense, viz., Sympathy, 
 which imparts to the mind the element of Righteousness called 
 Benevolence. 
 
 But Conscience is timid and speaks tenderly to Reason, while 
 Egoism, through dazzling Imagination, overpowers it. Hence 
 Conscience appears a coward when it has to wrestle in the mind 
 with malignant passions or with shrewd selfishness, operating 
 under the disguise of "general utility" or " reasons of state," and 
 shrinks alike from the burning fury of the one as from the 
 other's cold grip of treacherous arguments, which, owing to their 
 false colors, are often mistaken for common sense, and yet this 
 timid Conscience, though bullied out of countenance, for the 
 
31.] THE PHILOSOPHY OF CIVILIZATION. [41 
 
 moment, is the agent of immortal truth, for the power of remorse, 
 the strength of an accusing conscience, can never be overawed by 
 passions nor lulled into inactivity by reasoning. Can Conscience 
 err ? Conscience is the connecting link of Justice between the 
 Soul and the Mind, and, as such, the messenger of truth, but its 
 promptings are perceived through the faculties of the mind, and 
 the human mind is not and cannot be infallible. The reasoning 
 power as well as the judgment may fail. This is the consequence 
 of the frailty of the human organization, with which the mental 
 faculties keep equal pace, but this does not and cannot dispense a 
 rational man, endowed with a sound mind, from the moral obliga- 
 tion (when not prevented by forces beyond the control of free will) 
 to act as he sincerely believes to be right, that is, to follow the 
 dictates of his Conscience, which will not mislead when listened to 
 with sincerity, i.e., with purity of mind free from any bias of in- 
 terest and emotions. But when conscience casts its full light on 
 an impure mind, depraved by rapacious selfishness or moved by 
 angry passions, its image is distorted like the gentle moon reflected 
 in stormy waters; yet, the voice of this faithful messenger of 
 eternal truth keeps ever sounding in our moral ear, until fully 
 acknowledged, though, alas! often too late, and this is the cause 
 of all human misery. 
 
 At the most solemn period of human history the question was 
 asked : What is Truth ? But, as we perceive the true nature and 
 power of moral truth when we are ourselves the actors, and the 
 decision of Conscience concerns our own good or evil deeds, so 
 the heathen philosopher, who put that question, gave the answer 
 himself when he made an effort to appease his accusing con- 
 science by formally washing his hands of the guilt of shedding 
 innocent blood. 
 
 From the Soul, which is the originator of the principle of 
 Good in the human mind, and which distinguishes the intuitively 
 rational man from the brute acting by instinct, proceeds the 
 intuition, which through the moral sense of Conscience awakeni 
 
42] THE PHILOSOPHY OF CIVILIZATION. [31. 
 
 in the mind certain elementary ideas and impulses, whereby the 
 mind retains its impressions in the form of necessary and immuta- 
 hle obligations, which come so natural to our reason that not to 
 follow them seems contrary to our nature and thus wrong, while 
 to obey them, seems natural and right. The fact is, the Ego of 
 our consciousness, the centre of 'our moral senses and free will 
 (12), is then pervaded, adjusted and agitated by an innate cri- 
 terion through which our judgment pronounces the spontaneous 
 verdict of right and wrong, the ought or ought not of moral 
 obligation. This takes place through the same natural judgment 
 by which we perceive the distinction between simple truth and 
 direct falsehood, or between two contradictory propositions, when- 
 ever the voluntary act of any responsible rational being in our 
 own case or in that of others, and irrespective of the question 
 whether it be an act already performed, or one only proposed or 
 designed is made an object of contemplation. The verdict, 
 which is always in harmony with Reason, is the expression of 
 approval or disapproval pronounced on the part of Conscience 
 with reference to the act contemplated. The will based on this 
 verdict is good faith, and the action resulting therefrom honesty. 
 
 This harmony of Conscience and Reason, the test of right 
 judgment, which is the basis of all individual and social intercourse 
 between man and man and state and state, is the Law of 
 Conscience, the Law of right and wrong, of the immutable natural 
 justice, the manifestation of the Moral Element of Nature, dis- 
 cribed in the next section. (*) 
 
 * Conscience is also represented as the moral ego, i.e., "the phase in which our 
 consciousness appears when manifesting itself ethically." This theory is 
 ably sustained by Professor LORIMER, in his work " The Institutes of Law" 
 2 Edit. p. 184, et seq. But, since, in 12, we have represented the Ego as 
 the intuitive power of Consciousness and the manifestation of the Soul, as 
 the power of impulsion and of inhibition, of acting and of restraining, in 
 fact, as the centre of the moral senses (conscience and sympathy) and of the 
 Will, I may venture to hope that my system of the moral senses does not 
 essentially differ, in its outcome, from that of my venerable and highly 
 esteemed friend, as it does not sin against the " law of integrity," but mani- 
 tains the fact of a state of moral consciousness in the mind, centered 
 in the Ego. 
 
32. J THE PHILOSOPHY OF CIVILIZATION. [43 
 
 32. The Moral Element of Nature is the agency through, 
 which the force of moral actions (18), the moral vis-viva, is 
 developed in the human mind. Its effects are perceptible in the 
 moral-mental activities of man, but its nature is as undemon- 
 strable through empirical science as that of the (so-called) physical 
 forces or forms of energy, viz., gravitation, electricity, etc. The 
 idea of the absolute nature of forces is beyond the power of 
 experimental science, whose definition of force, based on experi- 
 ence, can say nothing of its nature, and must confine itself to 
 effects which are regarded to be due to force. 
 
 Newton said (in the third letter to Bentley) with regard to 
 gravitation and it is the almost universal opinion of physicists 
 that this is applicable to all forms of energy generally, " It is 
 inconceivable that inanimate matter should, without the media- 
 tion of something else which is not material, operate on and 
 affect other matter without mutual contact .... Gravity must 
 be caused by an agent acting constantly according to certain 
 laws ; but whether this agent be material or immaterial, I have 
 left to the consideration of my readers." 
 
 As now forces, power or energy, or whatever we may call 
 those, scientifically, as yet unexplained effects or actions which 
 matter has on matter without mutual contact, cannot be ac- 
 counted for without the hypothesis of the existence of some 
 medium or agent unlike ordinary mutter, a so-called imponder- 
 able, we may fairly- regard f'^ces as the manifestations of a 
 universal agency, acting constantly and persistently according to 
 certain laws. Of what this medium or agent consists, whether 
 it is material (ponderable) or immaterial (spiritual), and whether 
 it is non-continuous or continuous (i.e., working with or without 
 the help of separate atoms) is simply impossible to demonstrate 
 before we know what matter itself is. That this agent or medium 
 of energy must be regarded as persistent throughout the entire 
 evolution process of Nature is the natural consequence of the 
 evolution theory. This universal agent we called above (2) Spirit 
 
44] THE PHILOSOPHY OF CIVILIZATION. [32. 
 
 of Creation or Motor of Evolution, and in the moral organism, 
 more particular, the Moral Element of Nature. It manifests 
 itself though the organic evolution process as instinct in the 
 lower, and as intuition (p. 17) in the higher mental organism. 
 
 In mental philosophy the Moral Element of Nature is a 
 necessary postulate. If we deny the existence of that stimulus 
 through which the ascertained activities of our Moral -Mental 
 organism (5) the highest stage of creation on earth, reserved to 
 mankind take place, we could not realize the ethical conditions 
 of the human mind called Justice and Benevolence, and must 
 make good and evil dependent upon the ever- vary ing subjective 
 stand-point of egoism. Such a view brings mankind back to the 
 level of the brute endowed with reason, to what we called the 
 perfect man of the materialist, with only the Physico-Mental 
 organism (4), in its struggle for merely material existence, under 
 the animal instinctive rule of "might is right." Without a 
 natural standard of the Good which is indicated by the moral 
 senses, by the ethical instinct of the Moral-Mental Organism, 
 Society is impossible, for the basis of Society is not animal 
 selfishness but the mutual practice of justice and benevolence, 
 or, as Herbert Spencer puts it, " the marching towards a state 
 of identification of altruism with egoism, in the sense that 
 personal gratification will come from the gratification of others." 
 And when he says further, that " we are shown undeniably that 
 it is a perfectly possible thing for organisms to become so adjusted 
 to the requirements of their lives, that energy expended for the 
 general welfare may not only be adequate to check energy ex- 
 pended for the individual welfare, but may come to subordinate it 
 so far as to leave individual welfare no greater part than is 
 necessary for the maintenance of individual life," he simply 
 indicated the condition of the Good, the moral condition of the 
 human mind which answers to the full development of the Moral 
 Senses, in that state of perfect harmony which we call the Moral 
 
32.] THE PHILOSOPHY OF CIVILIZATION. [45 
 
 Law of Nature.* This state of perfection is only arrived at by 
 the survival of the fittest through the struggle for existence be- 
 tween the moral senses and the egoism of the animal nature of 
 man, when the moral element has gained the battle (5). 
 
 But, furthermore, this inspiration of the soul, this longing 
 toward the Good, as the natural consequence of our moral- 
 mental organism (14) is corroborated by history in all its stages, 
 and is most conspicuous in the process of development of societies 
 or states, in Europe as elsewhere. This is a plain indication of 
 the influence which the Moral Element has on the growth of 
 civilization, and which is exhibited by the general craving after 
 some positive rules of conduct calculated to bring the moral 
 principles of Nature, which in the inwardly conscientious man is 
 universally felt to exist, into practical or visible shape, for the 
 regulation of the mutual rights and obligations of men, and for 
 the peaceful intercourse between nations. 
 
 Mr. Hall, in his recent great work, gives the following his- 
 torical account of the way in which the conception of Interna- 
 tional Law arose. The state of things which presented itself in 
 Europe for a considerable time before International Law came 
 into existence, is described by him as follows : 
 
 "1. Such material restraint as was supplied at an earlier 
 period over the greater part of civilized Europe by the feudal 
 relations, and over much of it by the superiority of the Empire, 
 had disappeared, and such moderating influences as had been 
 exercised by the church had also disappeared ; influences, in 
 other words, which, whatever their material power, had at one 
 time deeply affected the imagination, had died away. 
 
 " 2. No means existed of setting up any authority of a like 
 external nature, competent to maintain international order ; and 
 no habit of reference to a formulated moral standard, indepen- 
 dently of external authority, had grown up, 
 
 " 3. Bules of conduct were becoming daily more necessary, 
 * Data of Ethics, 3rd edit., Appendix. 
 
46 J THE PHILOSOPHY OF CIVILIZATION. [32. 
 
 through the increasing intercourse between both States them- 
 selves and the subjects of States, and through the wider area 
 over which the relations of States were continually spreading. 
 
 " Under such circumstances it was natural that a craving 
 should be felt for the discovery of a rule of international conduct, 
 capable of impressing itself on the mind with something of the 
 force of Law. That such a craving was generally felt, there are 
 many indications, and, in fact without its existence as a power- 
 ful motive among the European peoples at large, international 
 law could obviously not have obtained recognition. The only 
 distinct attempts to satisfy it were, however, made by legal 
 writers ; and it was by them, as the medium through which the 
 ideas found expression which were latent in the general mind, 
 that International Law was placed upon its original speculative 
 basis. To understand how that basis came to be adopted, there- 
 fore, it is only necessary to examine the works of the writers 
 by whom the advent of Law was prepared/' * 
 
 What, then, was the cause of this general craving, of this 
 universal and urgent demand for law which \\as the advent of 
 International Law in Europe ? It was the general sense of the 
 necessity of establishing some rules of conduct between nations. 
 When the thinking minds of Europe, alter the fall of the feudal 
 system, of the superiority of the Empire and of the interna- 
 tional iufluence of the Church of Eome, being freed from mate- 
 rial restraint and blind obedience, were, with their degenerated 
 consciences, cast adrift in a sea of boundless doubts as to what 
 was right or wrong in their mutual dealings, they were brought to 
 the sense of justice by the regenerating, self-acting vis-viva of 
 the Moral Element of Nature, the source of the moral, sense of 
 Justice, that powerful motive which gave birth to the ideas 
 that were latent in the popular Conscience, but found expression 
 through the leading minds of the time, by men like Franciscus 
 a Victoria, Covarruvias, Soto, Saurez, Melancthon ? Oleudorp, 
 
 * W. E. HALL, International Law, Edit. 1880, p. 657. 
 
33.] THE PHILOSOPHY OF CIVILIZATION. [47 
 
 Hemming, Albericus Gentilis. Their arguments were finally 
 summed up conclusively by Hugo Grotius before the grand jury 
 of civilized humanity, and the verdict was thereupon given which 
 saved modern civilization from drifting back into the chaos of 
 the dark ages of European barbarism. 
 
 Hugo de Groot, more generally known as Grotius, the ac- 
 knowledged founder of the science of International Law, the 
 blessed reformer who stemmed the current of moral corruption 
 caused by the policy of dissimulation, injustice and crime, as 
 taught by Machiavelli and his school in that dark period of Euro- 
 pean society, in which criminal frauds and treacherous artifices 
 made up the policy called .Reasons of State, maintained in his 
 famous work, " The Laws of "War and Peace J * the existence of a 
 fixed standard of right, and thus of a real distinction between 
 right aud wrong. He also taught that the rule of conduct im- 
 posed by our conscience, which enjoins certain actions while it 
 condemns others, a rule which is indispensable for the mainten- 
 ance of any society of rational human beings, constitutes the 
 Law of Nature (Jus Naturale) .f 
 
 33. This craving after Justice, which has been defined as 
 "a constant and perpetual disposition to render every man his 
 due," is the result of the working of the Moral Element of 
 Nature in the individual minds of the thinking and leading 
 members of Society, by which process, rendered more or less 
 perfect, according to the degree of susceptibility possessed by 
 those minds as to the influence of the moral element, the Popular 
 Conscience is formed. 
 
 Scarcely two individual members of any society will be found 
 to think exactly alike or to have the same perception of data, in 
 right or wrong, for it is seldom that individual minds are in such, 
 
 * DE JURE BELLI AC PACIS, of which the last Latin edition, corrected by the 
 Author, appeared at Amsterdam iu 1642, has been repeatedly translated. 
 The best French translation is that of Mr. Pradier Fodere, published in 1867. 
 
 t DE JURE BELLI AC PACIS, Lib. I,, Cap, 1,, 10. 
 
48] THE PHILOSOPHY OF CIVILIZATION. [33. 
 
 a like condition of soundness and purity as would enable them 
 to develop the intuitions of the Soul into identical conclusions, 
 though as regards the main principles many leading minds of 
 the society may agree, and form on this agreement a common 
 conclusion. 
 
 This common conclusion, generally called the " Spirit of the 
 Time" "or Spirit of the Age" (Zeitgeist} the outcome of the 
 principles on which all agree, is the manifestation of the Popular 
 Consciousness, the concentrated sensorium of the social organism, 
 formed by Public Opinion, as tested and consolidated by the intel- 
 lectual powers and moral senses of the people. This popular 
 consciousness is based on Common Sense, as described in the next 
 section, and as such applied as a standard or ultimate test of the 
 Law (Jus) of that society, or in other words, as its lawgiver, to 
 teach its jurisprudence and to explain the facts of its history; and 
 it is then called the Spirit of Law. (Comp. 49). 
 
 Public opinion is the nebula formed by individual opinions 
 and thoughts on particular subjects, from the generalizing of 
 which the Spirit of Law is consolidated. The agents through 
 whose influence on the mind Public Opinion is rectified and con- 
 densed into Popular Consciousness and Spirit of Law, are free 
 State-Education and Free Press. By free State-Education 
 free from sectarian principles or prejudices Common Sense (34) 
 is cultivated in the unbiased mind, while, through a Free Press 
 impartial but not neutral, and, above all, moral individual utter- 
 ances of subjective thoughts become active agents in the forming 
 of that generally working power of the Spirit of Law, through 
 whose agency these subjective thoughts become objective laws 
 for the moulding of society into civilization. Hence it is the 
 duty of each thinking member of the society to give utterance to 
 what he judiciously thinks to be the highest truth in science and 
 philosophy in all their branches. Freedom and facility for such 
 utterances are essential requirements in the constitution of the 
 State. 
 
33.] THE PHILOSOPHY OP CIVILIZATION. [49 
 
 Thus the Spirit of Law represents the consciousness of the 
 social organism, of the State as moral being, the concentration 
 of the sensibilities of the intellectual faculties and the moral 
 senses of divers individual members, and forms, through legisla- 
 tion, the Will of the respective social organism, of which the 
 jurisprudence and the governmental executive of the State consti- 
 tute the Volition. Thus, in analogy with the human mind, the 
 will of the state, in making proper laws, is not sufficient if the 
 volition, the proper execution thereof, is lacking. (Oornp. 18). 
 
 Through legislation and jurisprudence the Spirit of Law is 
 manifested as the indicator of the progress made on the road to 
 civilization by the respective Society, Nation or State, for which 
 reason it is also called the National Spirit of Law, and must 
 naturally change its aspect at every stage on this road, made 
 by the subject whose immanent phenomenon it is, i.e., by the 
 collective leading minds of the respective society. In the same 
 proportion as civilization progresses, the Spirit of Law advances 
 in a rising scale towards the standard of the Good, but likewise 
 retrogression in that respect, caused by general disturbances of 
 the harmony of the Moral Law within the individual state, must 
 have a depressing effect on that scale. It represents the sum or 
 balance of the abstract moral principles of the individuals com- 
 posing the Society or State, being formed and modified by these 
 individual minds on their road to moral excellence or deterioration. 
 As such, the Spirit of Law is the medium through which the 
 subjective good is formed into objective Law (40). 
 
 The Spirit of Law having given birth to the usages of 
 Society, these, gradually developing, become, through the express- 
 ed or tacit sanction of the faculty invested with sovereign power 
 in the Society, consolidated into Positive Law, for the govern- 
 ment of that Society as Body-Politic and for the definition of the 
 reciprocal relations between individual members, and between these 
 and the sovereign power of the Society or State formed by them. 
 Thus the Spirit of Law of every State and every period manifests 
 
50J THE PHILOSOPHY OF CIVILIZATION. [34. 
 
 itself through the Law (Jus), with which it changes, correlatively 
 and contemporaneously, on the road to civilization, by the 
 influence of the Moral Element of Nature, which is beyond the 
 caprices of the day. Every era in the history of a nation has 
 its own Spirit of Law and its correlative usages and Positive 
 Law. In consequence thereof the Positive Law of each individ- 
 ual State differs from that of another State, in proportion to its 
 respective condition, history, tradition, morals, climate, nature of 
 the soil and other inherent natural circumstances. It is not 
 possible to make, a priori, one set of laws suitable for all nations, 
 unless every individual mind had the same moral capability ; nor 
 can this be the province of the Moral Law of Nature, which, as 
 the Law of the moral-mental organism, is evolved like all Laws 
 of Nature by spontaneous gradual development. This gradual 
 moral development of societies of human beings, called Civiliza- 
 tion, operates, through the action of the moral senses of the indivi- 
 dual mind, on the practical medium which we have described as 
 Spirit of Law, and which explains itself to the popular mind 
 through Common Sense, the intellectual element of civilization. 
 
 34. Common Sense is plain, practical logic, the conviction 
 generated through intellect and feeling combined. It is the 
 sense of human beings generally as felt by common intelligence ; 
 the logic of the normal mind under the influence of moral 
 development, and thus the language of Conscience and Sym- 
 pathy in union, by the harmony of which its arguments are 
 proved. As such it is the only sure foundation for the loftiest 
 structures of human thought, the safe holding ground for the 
 anchor of a sound mind, which, losing this, is cast adrift among 
 the cliffs of inextricable doubts and destruction. It is the only 
 logic comprehensible to the popular understanding, as it speaks 
 to Feeling as well as to E/eason, of which two co-existing elements 
 the Popular Consciousness is formed (10). Where the mechan- 
 ism of Reason is inadequate, there Feeling, which is awakened 
 by Intuition, supplies the want. Hence it is that the mind is 
 
34.] THE PHILOSOPHY OF CIVILIZATION. [51 
 
 able to feel as well as to reason, and its common sense par- 
 takes of both. 
 
 How often we find the most intellectually cultivated mind 
 painfully destitute of Common Sense. If we cultivated our Feel- 
 ing as we cultivate our Intellect, they would be in better harmony 
 with each other, and our Common Sense would be good and 
 complete ; while now, in many cases, it is only half the faculty 
 it should be. This makes man, the more he learns, become the 
 more one-sided, selfish and sceptical, and at last it causes his mind 
 to give way, through its not being properly balanced by those two 
 inseparable elements of our moral-mental organism, Conscience 
 and Sympathy. Such is Common Sense, which, as the natural 
 test of logic, is impartial, though not neutral, taking over sound 
 ideas from all systems indiscriminately, without sanctioning 
 or criticizing any special doctrine, because it follows a course 
 of its own. Only that which comes deliberately in its way is 
 utterly demolished, for it is the power of popular conviction, the 
 consciousness of the living generation heralded by its Spirit of 
 Law on the high road of civilization. "When the Moral Law of 
 Nature is applied to common life, Common Sense is the logic by 
 which its ethical rules are explained, to test the practicability 
 of these rules in the actual circumstances of social life, and to 
 co-ordinate the facts of Social Science, as it is through Common 
 Sense that the isolated facts of history are brought into a compre- 
 hensive whole. Here we have an instance of the influence which 
 the Moral Element in Nature exercises on the progressive Social 
 Evolution of the human race. 
 
 35. The pure dogmatism of the old Scholastic philosophy 
 is not stranger to Common Sense than the Positive Empirical. 
 Both fail to keep a firm hold on the free popular mind. The 
 one might influence, the human imagination and thus captivate 
 Reason for a while, and the other might fascinate the masses by 
 the false lore of a material liberty which is without spiritual 
 freedom, or charm the imagination of unthinking youth into 
 
52] THE PHILOSOPHY OF CIVILIZATION. [35. 
 
 loyalty to the empire of Reason the promised land of an animal 
 materialism free from all moral restraints, where the mind stops 
 short of the highest development allotted to it in creation. But 
 neither the one nor the other can make man helieve without think- 
 ing or make him think without feeling. If the one can make 
 believers without faith, it cannot make non-thinkers void of 
 reason ; and if the other should succeed, through the attraction of 
 a delusive simplicity of shallow arguments, under the disguise of 
 Common Sense, in forming inexperienced minds, wanting in self- 
 organization or purity, into sensuous unbelievers, it cannot 
 complete its task by bringing the everliving inspiration of the 
 unbiassed human mind under the positive mode of thought of 
 Empirical Philosophy. The tyrannical shackles of all one-sided, 
 narrow and exclusive philosophies will be cast off by the self- 
 seeking and self-determining mind, when left free to follow its 
 own inspirations, to regain its natural course of thought in 
 Common Sense, to satisfy the convictions of Reason and the 
 longings of Feeling. (Comp. 26, p. 33). 
 
 36. In conformity with the Popular Consciousness, an 
 International Spirit of Law is generated by the relations which 
 naturally must spring up between individual states. This Spirit 
 of Law displays the influence which it exercises on the external 
 life and voluntary acts of nations towards nations, by producing 
 those usages which form the basis of what is called the Law of 
 Nations or International Law. 
 
 These usages of nations cannot be formed into written or 
 Positive Law, for the reason that there is no Body -Politic 
 endowed with legislative and executive power and having for its 
 constituents nations or states. They have, however, inherent 
 binding force, because international usages are, when generally 
 acknowledged, a reflex of the best part of the various Positive 
 Laws, that is to say of those parts which bear more conspicuously 
 the mark of the influence of the Moral Element, for these usages 
 must satisfy the Popular Conscience, in the case of each Nation 
 
36. J THE PHILOSOPHY OP CIVILIZATION. [53 
 
 individually. The ultimate common basis of the Popular Con- 
 science, as it appears in the various nations or states, is the Moral 
 Law of Nature. In this all agree. But starting from this common 
 standard, the Popular Conscience of each nation or state is 
 differentiated by the varying progress of civilization at every 
 period in history. The indicator of these variations is the Inter- 
 national Spirit of Law of each successive period, which, in 
 harmony with the changes in the sentiments and external condi- 
 tions of individual nations, is the reflex of the moral development 
 of the international life of the body of states. These subtile 
 elements of Law form the common source from which International 
 Law, that brightest part of the history of nations, flows forth, 
 as " bright effluence of bright essence increate." (Comp. 63). 
 
 37. Thus it is that International Law, not being capable 
 of being put into the form 'of Positive Law by any worldly 
 authority, depends for its support entirely on the spontaneous 
 development of civilization, as engendered in the moral-mental 
 organism of man (5) through the moral senses conscience and 
 sympathy. Under this influence, which might be called the 
 influence of the Moral Element in Nature, i.e., the Soul, Inter- 
 national Law has been gradually modified, in conformity with the 
 progress of civilization. Instances of this process of modification 
 are : laws enhancing respect of alien life, rights and property ; 
 law aud treaties regarding slavery and the slave-trade; the defi- 
 nition of rights of nationality and domiciliation ; liberty for the 
 navigation of the seas ; neutrality ; the laws of war, and so forth. 
 These are so many instances of international moral progress which 
 is ever going on, indicating the International Spirit of Law of the 
 present state of civilization in Europe and America ; for, " the 
 life of Nations," says Savigny, " can be compared to the human 
 life, which is never stationary, but represents a continuous succes- 
 sion of organical development."* 
 
 * VON SAVIGNY, System des Horn. Rechts. Vol. i., ch. ii., 7. 
 
54] THE PHILOSOPHY OF CIVILIZATION. [37. 
 
 From this devolopment has resulted the code which treats 
 of the rights and duties of nations. It is not a written code, 
 indeed, but one which does not the less subsist as an effect of 
 the collective working of -the Popular Conscience, operative in 
 civilized nations at all stages of the history of mankind. It is 
 founded on the mutual consent, tacit, expressed, or presumed, of 
 the moral senses of mankind. 
 
 " Cette loi, " says Heffter, " se re*trecit ou s'elargit avec le 
 degre de culture des nations. Reposant d'abord sur une neces- 
 site ou sur des besoins purements materiels, elle emprunte, dans 
 ses developpements, a la morale, son autorite, et son utilite", et 
 s'aiFranchit successivement de ses elements impurs." Who could 
 fail to acknowledge here the clear manifestation of the effect of a 
 moral element in Nature ? This is what we ascribe to the ennobl- 
 ing influence of the soul, exhibited in this development of moral 
 principles through the International Spirit of Law* (63). 
 
 38. By this devolopment of the moral principles, the 
 intuition of the Soul is combined with the actions of the Mind 
 and shows the relation in which the Soul, as the Moral Element 
 in Nature, stands to Reason in the Mind, and thus to the motives 
 of our actions. This may furnish the clue to the fountain- 
 head of many causes, which are only discernible in their effects, 
 but remain unexplained by the mute facts of history. When we 
 attribute to this motive power the relation we feel must exist 
 between these effects and the common origin of their causes, 
 between the phenomenon and its inherent factor, or, to compre- 
 hend all in well-known terms, between historical and philoso- 
 phical data, we should surely not expect to satisfy empirical 
 science ; but neither are we sinning against any of its demons- 
 trations, by attributing this onward strife of Society, this 
 incessant progressive evolution of civilization, which plainly 
 shows an inherent action of the mind, to the influence of the 
 
 * HEFFTEB, Le Droit Intern, de I'Europ*. Edit, Bergion, 2, 
 
38.] THE PHILOSOPHY OF CIVILIZATION. [55 
 
 soul, for the Moral Law of Nature, the Law of the Good, is 
 also the Law of Society. This cannot he otherwise, for the 
 Moral Law of Nature consists not only in the dictates of Justice, 
 but in the perfect harmony of both elements of Eightousness, 
 as imparted to our nature ; of which Justice, as expressed by 
 the Law of Conscience, is but one element, the other being 
 Benevolence, which, as we have noted before, takes into account 
 the frailty of human nature, tempering the stern sense of Justice 
 in proportion to the actual tottering pace of Society, and promot- 
 ing its gradual developement and the sure progress of the human 
 race towards the Good, for. virtue without charity does not exist.* 
 
 The omitting to take into account this mitigating element 
 of the Moral Law of Nature, which makes Justice applicable to 
 the natural state of Society, so that, of the two elements forming 
 the popular Conscience, called the Spirit of Law, one always quali- 
 fies the other, or in other words, the mistaking of the fluctuating 
 Spirit of Law for the immutable Moral Law, seems to be the 
 cause of the difference which exists between the Philosophy of 
 Law and the Historical School. 
 
 When contemplating history in the different aspects of that 
 social evolution which civilization has undergone through the 
 working of the soul on the individual mind, and which is exhibited 
 in the written laws of the different epochs of civilization, we may 
 well exclaim with a recent writer of the Historical School, 
 " L'e volution progressive du Droit n'a jamais subi de temps 
 d'arret et depuis sa premiere manifestion inconsciente sortie 
 de 1'instincfc populaire, jusqu'a son riche e*panouissement feconde 
 par les travaux des savants, le droit s'est developpe comme la vie 
 meme, comme une force inherente a Thumanite. 
 
 " Et quel spectacle grandiose que d'assister ainsi a la forma- 
 tion lente du Droit, de le voir emerger du travail latent de la 
 
 * Though I speak with the tongues of men and angels and have not charity, 
 I am become as sounding brass or a tinkling cymbal," ST, PAUL : I Cor. 
 xiii. 1. 
 
56] THE PHILOSOPHY OF CIVILIZATION. [38. 
 
 conscience populaire, surgissant pour repondre aux ne*cessite*s 
 sociales et constituant peu a peu Pindividualite' nationale."* 
 
 This is the action of the Popular Conscience, which, as Spirit 
 of Law, is permanently at work, in conformity with the Law of 
 conscience, which is the harmony of conscience and reason, the 
 test of right judgment (31) to find the minimum sacrifice of 
 individual right, which will produce the maximum of public wel- 
 fare. This is the combined effect in the mind of both elements of 
 the Moral Law of Nature, the perfect harmony of which consti- 
 tutes the Good. But when this harmony is broken, the cheerful 
 prospect is converted into the mournful Contemplation of a retreat 
 on the road to civilization, for then the moral congruity and 
 strength of the individual mind are affected, and, the mind grad- 
 ually becoming distorted and polluted by passions, by prejudices 
 or selfish motives, personal morality is impaired. Where this is 
 the case as regards the leading minds of a nation, there the 
 national standard of morals is degenerating, civilization is coming 
 to a standstill and civil liberty and national prosperity decline. 
 When the moral principles of a nation are corrupt, its interna- 
 tional conduct becomes untrustworthy and vile, and the nation, 
 having sinned against itself, is ready for any act of injustice 
 towards its neighbours, and in spite of temporary aggrandize- 
 ment, effected through violation of the principles of justice and 
 humanity towards its weaker neighbours, the decay of the unsound 
 state is irrevocably decreed by the Moral Law of Nature, as 
 proved by all recorded facts of history. 
 
 Thus the Moral Element in Nature, which has its agent in 
 the Popular Conscience and its logic in Common Sekse, manifests 
 its influence not merely as regards the individual progress of the 
 nation or state but also in the dealings of nation with nation ; for 
 it represents in the mind the elements of the law as laid down in 
 
 * "La Philosophie du Droit et I'Ecole Historique." Lecon d'ouverture de coura 
 de Droit Naturel, par Mr. ADOLPH PRINS, Professeur a I'Universite de 
 Bruxelles. Rfoue de Droit International. Tome xiv. 1882, No. 6, p. 565. 
 
$39.] THE PHILOSOPHY OP CIVILIZATION. [57 
 
 the divine commandment, " As ye would that men should do to 
 you, do ye also to them likewise," which is the only true principle 
 of utility, and the loyal rule for the combination of self-interest 
 with general welfare. 
 
 39. As stated before, it is through the moral senses con- 
 science and sympathy that the ideas of righteousness are created 
 in the mind of the individual man, and that rules for the 
 guidance of his conduct and for the performance of his duties are 
 laid down. These rules are, in turn, communicated through the 
 individual man and through family life, to the general commun- 
 ity or society, and exercise eventually an influence on its 
 external as well as internal condition, moulding the political as 
 well as the moral conduct of the nation, as an aggregate of ra- 
 tional beings.* Thus, progress in civilization emanates from the 
 individual Moral-Mental Organism, through development of its 
 moral senses conscience and sympathy, spreading from the indi- 
 vidual over the whole race. Races and nations, like states of all 
 forms of social organization, assume the nature of the individuals 
 of which they are composed, for it is the nature of individuals, 
 collectively taken, which defines the race (42). 
 
 The influence of the Moral Element in Nature, as indicated 
 by the ennoblement of the mind, can be traced also outside our 
 moral nature, and, in fact, in all concerns of life in which the 
 mind has actually a share, for when the mind is morally develop- 
 ed, habits and taste and judgment are refined. Hence it is that 
 our ideas and our judgment, when contemplating scenes of 
 nature or works of art or science, are moulded by the inspira- 
 tion of the Good, when emotions run parallel with intellectual 
 powers. Traces of this fact may be noticed in many productions 
 of the mind within the spheres of art, science and literature. 
 There are certain objects in nature and art which, so soon as 
 perceived, strike the cultivated mind as beautiful or the reverse. 
 Again, there are certain traits of character and courses of con- 
 
 * SIR JAMES MACKINTOSH : Discourse on the Law of Nature and Nations. 
 
58] THE PHILOSOPHY OF CIVILIZATION. [39. 
 
 duct which, so soon as observed, strike us as morally right or 
 wrong. The ideas of the beautiful and the right are thus 
 awakened in the mind by the perception of the corresponding 
 objects, but they belong to two distinct classes of judgments, viz., 
 aesthetic and moral* 
 
 This progress in art and science, with the consequent re- 
 finement of habits and taste, is the outcome of the development 
 of the Physical Truths in the mind. But although this progress 
 bears the mark of the inspiration of the soul as the Moral 
 Element in Nature, and thus shows the connection which exists 
 between moral and physical truths (30) both of which being 
 conceived through Intuition it is progress only of the aesthetic 
 element of civilization (79) ; for taste is not more conscience than 
 intelligence could be, nor can culture of the mind and refinement 
 of manners constitute morality. All that is morally right is also 
 inherently beautiful and great, but the civilization so-called, as 
 exhibited by art and science, with the adherent refinement of 
 taste and habits, does not always coincide in the history of 
 mankind with a corresponding progress towards the Good. The 
 latter is only attainable through the complete and harmonious 
 development of the moral senses, which alone can engender 
 clear consciousness of the good, the true and the beautiful. 
 
 The development of Society depends on those moral and 
 material principles of individual progress, which lead nations 
 gradually, through longer or shorter stages of development, from 
 the original condition of barbarous races to the degree of excel- 
 lence called civilization. The different types of these stages of 
 moral and intellectual improvement and social and material 
 advancement are exhibited to us by Ethnology, in the savage, 
 the semi-barbarous, the less civilized and civilized tribes, hordes, 
 peoples and nations of the earth. 
 
 From these types we learn what is meant by civilization and 
 how the development of the moral element plays an essential 
 
 * JOSEPH HA.VEN ; Mental Philosophy, page 262. 
 
40.] THE PHILOSOPHY OF CIVILIZATION. [59 
 
 part in the material progress of a nation, by leading it from its 
 original condition, where brute force and narrow-minded egotism 
 dominate all internal as well as external relations, into gradual 
 acknowledgment of the principles of Justice and Humanity, in 
 accordance with its internal moral progress and the ennoblement 
 of its relations with other nations.* 
 
 40. In the foregoing pages is explained how the Soul, as 
 the Moral Element in Nature, must be postulated as the motor of 
 progress in Civilization, by causing the development of the moral- 
 mental orgamism of man through his moral senses Conscience 
 and Sympathy ; and how the Spirit of Law (33) is the medium 
 through which the subjective conceptions of the individual Con- 
 science and Sympathy are brought into objective rules, for the 
 practical conduct of individuals and nations. 
 
 The Moral Law of Nature, being the state of consciousness 
 when complete development of the moral senses, and thus per- 
 fect harmony between Justice and Benevolence exist, represents 
 a mental condition which, in objective form, constitutes the social 
 condition of perfection, i.e., the state towards which the natural 
 development of the social organism is tending, provided the de- 
 velopment of the moral senses is maintained by proper discipline 
 of the mind, as described in 23 26. Such a state of society, as 
 what Mr. Herbert Spencer predicts, " when further identification 
 of altruism with egoism will be made in the sense that personal 
 gratification will come from the gratification of others " is the per- 
 fect civilization. But egoism does not give way to altruism with- 
 out a fierce struggle for existence, the struggle for supremacy to be 
 
 * Les Sciences morales parviennent a mieux definir a 1'homme sa nature 
 spirituelle, a mieux lui tracer le cercle de ses devoirs, a mieux organiser lea 
 
 institutions Admirable effet des graudes associations humaines : 
 
 la marche incessante de 1'homme vers le mieux. Car 1'homme ne doit pas 
 6tre separe de ses oeuvres, et 1'experience nous niontre que, reuni, comme 
 exige sa nature, en Societe avec ses seniblables, ses oeuvres, ses actes, ses 
 principes, ses lois sonfc essentiellement prefectibles et s'avancent toujours, 
 quoique irregulierement, quoique avec ses intervalles de recul ou de pertur- 
 bations, dans cette voie de la perfectibilite." ORTOLAN : Regies Intern, 
 et Depl. de la Her, Edit. 186J t= oL.^ page 5. 
 $ L\B 
 OF THE 
 
 UNIVERSITY J 
 
 / V of S 
 
60] THE PHILOSOPHY OF CIVILIZATION. [40. 
 
 carried on between by the moral senses and the selfish propensities 
 of the animal nature of man (5). And when this deepest of 
 modern philosophers as quoted before (22) says "that it is a 
 perfectly possible thing for organisms to become so adjusted to the 
 requirements of their lives that energy expended for the general 
 welfare may not only be adequate to check energy expended for 
 the individual welfare, but may come to subordinate it so far as 
 to leave individual welfare no greater part than is necessary for 
 maintenance of individual life," he surely does not mean to 
 convey the idea of an evolved social condition of purely material 
 altruism, of the communistic or anarchical types, but, as the 
 natural consequence of evolution of the social organism, he predicts 
 a state of perfect morality, the undisputed reign of Justice and 
 Benevolence, in perfect harmony, which can alone be realized 
 when the human mind is under complete control of Conscience 
 and Sympathy in the highest development of these moral senses. 
 To such a mind the subjective conception of Justice and Benevo- 
 lence would be the objective Good, and if all the minds of a 
 society were in this state of perfection, the Spirit of Law of that 
 Society would be the Moral Law of Nature, i.e., the subjective 
 conception of the Good would be objectively applicable in prac- 
 tice, without any mitigation or amendment, in all the dealings of 
 man with man. 
 
 That such a state of perfection is far from that in which the 
 most civilized society exists at present on earth is obvious. The 
 rules regulating the social relations of men, as shown above (29), 
 originate from the Moral Element of Nature, and being based on 
 the moral obligations of man, as prompted by his moral senses, 
 follow in the actual state of his mental evolution as nearly as 
 possible the Moral Law of Nature, but represent a different 
 standard from that law of complete harmony between Justice 
 and Benevolence as conceived in the perfectly developed moral- 
 mental organism. This standard or indicator of the actual moral 
 condition of society is the standard of Law (JusJ, the Spirit of 
 
18.] THE PHILOSOPHY OF CIVILIZATION. [61 
 
 Law as described above (33), i.e., the spirit of the Moral Law, 
 indicating the influence of the Moral Element of Nature on the 
 actual state of the civilization of a nation. 
 
 These rules are the objective forms in which the subjective 
 conceptions of Justice and Benevolence are expressed in practical 
 national customs, the ethico-legal obligations, forming the rules 
 of social life, through the Spirit of Law, and, as stated before 
 (29), they form collectively the basis of Law (Jus), regulating 
 the social relations, the rights and duties of men towards men in 
 the actual state of their moral-mental organism, forming the prin- 
 ciples on which societies are constituted in the organized condition, 
 termed State. 
 
CHAPTER III. 
 THE DATA OF CIVILIZATION. 
 
 I. What is Civilization? 41. Definition of Civilization. 42. 
 The Standard of Civilization. The Theory of the Moral Senses. 
 
 II. The Social Organism. State. 43. The Social Nature of man 
 is the origin of States. 44. Natural and Political Nationality. 45. 
 Conditions for the Political Individuality of States, as Persons of Interna- 
 tional Law. 46. The basis of International Intercourse is the moral 
 development of the human mind. 47. States, as incorporate persons of 
 International Law, have the same moral obligations as man, but modified 
 by special prerogatives. 48. Social Organism and Biological Organ- 
 ism. 49. The Physiology of the State. 50. The Physical and Moral 
 faculties of States. 51. The Natural-Constitutional form of the State's 
 organization. 52. The natural evolution of the Social Organism is 
 opposed to Anarchy. 53. The Government of the Natural-Constitu- 
 tional State. 54. Forming the People into good Citizens. 55. The 
 Representatives of the People, and the basts of Representation. 56. 
 Public Opinion and the Representive Body. 57. Political Parties. 58. 
 The Right of Veto is the result of the theory of Natural Equilibrium. 
 59. The necessity of the hereditary head in the Monarchial-Constitu- 
 tional form of Government. 60. The Constitution. 61. The two 
 branches of Legislation. 
 
 Ifl. The Co-existence of Social Organisms. External Social Life. 
 International Law. 62. International Rights and Duties of the State. 
 63. International Morality. 64. International Law. International 
 Jurisprudence. 65. The Moral Principles of International Intercourse. 
 66. Interdependence of States. 67. Right of Negotiation and Treaty. 
 68. Moral Causes of the Imperfect Observance of Treaties. The dura- 
 bility of International Treaties is dependent upon the International Spirit of 
 
41.] THE PHILOSOPHY OF CIVILIZATION. [63 
 
 Law. 69. Material causes of the imperfect observance of Treaties. 70. 
 The Laws of Peace. 71. Intermediate state between Peace and War. 
 Confirmation of International Facts. 72. The Law of War (Jus belli.) 
 73. The principles of the Law of War considered in the light of Civi- 
 lization. Effect of War on private individuals arid private property. 
 Enemy character. Enemy's private property on the high seas. 74. 
 Means of peaceable settlement of international disputes. Application of 
 the Laws of Peace, 75. Measures via amicabili and via facta. 
 
 IV. Internal Social Life.. The Co-existence of Individuals. 76. 
 The natural agency of internal development of Society. 77. State- 
 action is Justice combined with Benevolence. 78. State or Scientific 
 Socialism. 
 
 V. The Intellectual and Moral Activities of Individual Co-exis- 
 tence. 79. Culture, Science, Art, Industry, Trade. The ^Esthetic 
 Element is the link between the Material and the Moral Element of 
 Civilization. 80. Morality and Keligion. Natural Eeligion and Kevealed 
 Religion. The Christian Eeligion. 
 
 I. WHAT is CIVILIZATION ? 
 
 41. In the two preceding chapters we have endeavoured 
 to give a concise and clear account of the development through 
 the natural evolution-process of the human mind, and its 
 growth towards the highest stage of creation at present known 
 on earth, which we called the Moral-Mental Organism (5), and 
 the further tendency of this development and growth toward the 
 Good (14), i.e., the reign of perfect Justice and perfect Benevo- 
 lence, in harmony combined which, with regard to the Social 
 Organism, is the state of perfect Civilization (39). In other 
 words, we have tried to show the origin of the motives of moral 
 actions (18) and the establishment, through those motives, of the 
 moral obligations, as rules of life for men's practical guidance. 
 This has been done, firstly, by describing the natural agency 
 through which this moral development of the mind takes place 
 and the system or law derived from the conditions created by this 
 agency the agency being called the Moral Senses (15), and the 
 system the Moral Law of Nature (29), and, secondly, by not- 
 
64] THE PHILOSOPHY OF CIVILIZATION. [41. 
 
 ing the external effect of the moral senses in the forming of the 
 Spirit of Law (described in 33), through whose agency the 
 subjective moral obligations are moulded into the Law (Jus) of 
 societies, for the conservation and guidance of these aggregates of 
 human beings (40). We shall now proceed to investigate the 
 evidences and manifestations of the Spirit of Law and its effect as 
 a factor of the development of Society, in its organized and con- 
 crete expression, called State. Through this investigation we 
 will arrive at the knowledge of those requirements of social forms 
 and functions of the social organism which are indispensable to 
 progress toward the state of' Civilization. Concluding on this 
 analysis of principles and facts, we shall try, finally, to arrive 
 at some definite data, to formulate a natural Standard of 
 Civilization. 
 
 First of all, however, we must define the conception of this 
 state, by answering the question What is Civilization? 
 
 Civilization is the term by which is generally understood a 
 certain elevated state of physical, intellectual and moral develop- 
 ment of man in society. Civilization is thus a social condition ; 
 a man out of society is analogous to being out of civilizing 
 influences " outside the pule of civilization. " 
 
 The development of the individual mind, the amelioration 
 of the social state, the carrying toward perfection of the relations 
 between man arid man and between those aggregates of human 
 beings termed Nations' or States, are all data of civilization and, 
 as we have seen before, all are dependent on the cultivation of 
 man's moral-mental organism (39). 
 
 Thus civilization consists in the full development of the indi- 
 vidual mind, but as the stimulus of progress is brought on by the 
 struggle of the Moral Senses of man's mind against the material 
 propensities of his physical organism (5), it is obvious that the 
 motive power of civilization, the quantula sapientia that governs 
 social life, is moral rather than intellectual or material, i.e.) that 
 the moral element iu nature is the basis of Civilization. 
 
42.] THE PHILOSOPHY OF CIVILIZATION. [65 
 
 The rules regulating the social relations of men, as shown 
 above (29, 39 and 40), are based on the moral obligations, 
 which are prompted by the moral senses of the human mind and 
 consolidated from subjective conceptions "into the objective rules 
 of Life called Law (Jus), by the spirit of Law of the respective 
 society (33). As these ethico-legal rules permeate the whole 
 social life, material as well as moral, they procure us the natural 
 test by which civilization can be gauged. 
 
 Concluding on these premises, we can fairly define Civiliza- < 
 tion as the actual state of society in the process of transforming 
 the subjective conception of the Good into objective practical 
 Good (29) and which state is indicated by the Spirit of Law of - 
 the respective society. 
 
 The marks of this prominent exponent of Civilization 
 called Spirit of Law, by which the respective conditions of 
 different civilizations can be compared, are the data of civili- 
 zation, which we will try to formulate in the present chapter 
 from the premises laid down in the two preceding chapters 
 of this essay. 
 
 42. A given state of society, whether as problem or 
 phenomenon, is conceived and criticised by the actual standard of 
 intellectual and moral-mental development of the subject under 
 whose contemplation the object is brought; hence the different 
 ways in which one and the same state of civilization is judged 
 by different persons. Thus, to compare different conditions of 
 moral and intellectual development, i.e., civilization, we must 
 first agree on a moral and intellectual standard, so that, to 
 judge of any state of civilization an acknowledged gauge for 
 society, a standard of Civilization, is indispensable. Such a 
 standard test of human progress cannot be taken arbitrarily, nor 
 artificially composed, but must be based on the natural evolution 
 process of the human mind, the immediate source of civilization. 
 The theory of the Moral Senses of man, as described in the first 
 chapter, from which are derived the Statutes of Law noted in 
 
66] THE PHILOSOPHY OF CIVILIZATION. [42. 
 
 the second chapter, form the necessary basis for the data of a 
 Philosophy of Civilization, from the speculations of which a 
 standard of Civilization is arrived at. 
 
 The definition of civilization, as given in the last foregoing 
 section, shows that by the development of a society or state is 
 meant the attempt made, collectively, by the individual members 
 composing the society, to bring the subjective good, engendered* 
 through the individual moral senses conscience and sympathy, in- 
 to objective or practical form, for the maintenance and guidance 
 of the social organism. The success attending such attempt 
 is called progress in civilization. The test of the virtuality of 
 any social condition and progress in civilization is whether this 
 condition or progress be in accordance with the moral standard, 
 i.e., the Spirit of Law (33) of the respective society or state, and 
 whether, at the same time, it be conducive to the end of society, 
 viz., the real welfare of humanity. 
 
 In the theory of the moral senses above named, by which 
 it is demonstrated that the human mind, as all natural phenom- 
 ena, is subject to the natural evolution process, by which the 
 moral senses are developed and through them conception of the 
 Good engendered in the mind, we have the guidance of a prin- 
 ciple, and a clue to that apparently tangled maze the history 
 of civilization, with the conflicting good and evil propensities 
 of the human mind, its struggle for improvement against 
 physical and moral evils, and its retrogression on the scale of 
 civilization when that struggle ceases and corruption and decay 
 set in (28). And as to the future, it is again this theory 
 which will provide sure pilotage to clear the menacing cliffs of 
 anarchy in its worst form; for, whatever tribulations may arrive 
 through the enforcing of false doctrines on society, man cannot 
 be flung out of the social organism as long as he retains his 
 moral senses, and whatever disturbance the normal exercise of 
 the functions of society may encounter, as history teaches, it is, 
 over and again, the regenerating inspiration of the human mind 
 
42.] THE PHILOSOPHY OP CIVILIZATION. [67 
 
 in its moral development which is the rectifier of all disharmony 
 in the elements of society, for the re-establishment of civilization. 
 
 II. THE SOCIAL ORGANISM. STATE. 
 
 43. In the preceding sections we have treated the propo- 
 sition that civilization is the natural social condition, emanating 
 from the development of the moral senses of the human beings 
 composing the society or state, so that civilization can only be 
 real when it is based on the moral development of the mind, and 
 thus condusive to the progress, i.e., amelioration, of the human 
 race. Our next objects of investigation are now the nature and 
 structure of the social organism, and the form best suited for a 
 state to arrive at this desired end of social life. But to define 
 the idea State as a concrete body-politic we must first take a 
 view of the external condition of states, i.e., their status as per- 
 sons of International Law (44-48), and then proceed to the 
 physiology of the state, i.e., the description of a state as a social 
 organism (49-61). 
 
 Social life, as stated at the beginning, is the natural conse- 
 quence of the human organism ; for man does not exist in an 
 isolated state as long as natural causes have free play. By virtue 
 of the intellectual faculties and the sensibility of his mind, man 
 is essentially a social being, and he is always bound to be so, 
 whatever may be the nature of his associations, which vary in 
 conformity with the special circumstances affecting his develop- 
 ment, and modify the degree of civilization to which he actually 
 attains. Outside of social existence, man cannot develop his mind 
 nor advance in civilization, physically or morally. He is then 
 an abnormal unit, the disorganized particle, of a concrete phe- 
 nomenon, which, left out of its normal sphere, cannot attain its 
 natural destination, as not being influenced by the social evolution 
 process of the Moral Law of Nature. Without any intercourse 
 with his fellow-creatures, outside the pale of civilization, man 
 must degenerate to a state of selfishness, void of conscience and 
 
68] THE PHILOSOPHY OF CIVILIZATION. [44. 
 
 sympathy, which brings him below the species to which he 
 belongs. Thus the social nature of man is the natural origin of 
 societies or aggregates of human beings, which are called Nations 
 or States, the reciprocal moral and material or political relations 
 of which form part of the subject matter of International Law. 
 
 44. Groups of the same race, identical in origin, and 
 having common usages, language, or idioms, and common moral 
 aptitudes, are called Peoples or Nations, when designated from a 
 natural historical or philological point of view, and constitute the 
 Ethnographical or Natural Nationality. 
 
 When political individuality is ascribed to a people as 
 subject to Law, it is called a State ; which designation refers to 
 the people as Body-Politic, possessing a common government, 
 common laws, common internal and external powers, civil and 
 political, and common interests, in all matters affecting the 
 Political 'Nationality. 
 
 Different nations can, by their common consent, be united 
 into one State ; in which case all the individuals composing the 
 State have the same political nationality, though they may vastly 
 differ from an ethnographical point of view. 
 
 A nation can also be divided into several States, with as 
 many different political nationalities; and different States may 
 form a Union of States, in which all the individuals composing 
 these States have one and the same political nationality defined 
 by the Union. 
 
 45. For the recognition of a State as such, that is, as a 
 community having political individuality, certain conditions are 
 indispensable. These are that the community claiming recogni- 
 tion as a State and all the rights and duties attached to such a 
 status, viewed from the stand-point of International Law, must 
 be an organized body-politic, which should consist of individuals 
 who do not belong or owe allegiance to any other State, and 
 which should not be incorporated by virtue of any outside 
 authority, concession, grant, or charter, but definitively estab- 
 
45.] THE PHILOSOPHY OF CIVILIZATION. [69 
 
 listed on its own defined territory with its own government and 
 legislation, possessing also the means and ability to maintain its 
 integrity. 
 
 The fulfilment of these conditions constitutes the State, de 
 jure, as a member of the family of States, whose mutual relations 
 form the subject of International Law. Without these conditions, 
 which make up the criterion of an independent State, no society 
 or aggregate of human beings can be denominated a State, or 
 admitted on equal terms into international relationship with ex- 
 isting States. 
 
 Thus, for instance, chartered Trading or Colonization Com- 
 panies, though having their own government and administration, 
 and uncontrolled management .of their affairs on their own 
 extended territorial property, cannot legally entertain interna- 
 tional relations with any foreign government except through the 
 government from whom their charter emanates, and under whose 
 protection they are established or to whom they owe allegiance.* 
 
 Nomadic tribes, living in wandering graups without a per- 
 manent or defined territory, though they be closely united and 
 organized for their internal government, cannot be regarded as 
 States, because they do not comply with all the conditions above 
 mentioned. They may, however, in some cases be admitted to 
 the privileges of International Law and hold intercourse with 
 civilized States, whenever such tribes are ready to reciprocate the 
 international privileges accorded to them, to the extent of their 
 ability or as far as their social conditions will permit. As a 
 general rule, when privileges of International Law are extended 
 to uncivilized nations, this is done, at the prompting of human- 
 itarian views, without requiring reciprocity on their side, unless 
 as one of the methods made use of to gain them over to 
 civilization.' 
 
 Associations of pirates and other outlaws, though not belong- 
 
 * PHILLIMOBE: Comm. on International Law. 
 
70] THE PHILOSOPHY OP CIVILIZATION. [46. 
 
 ing to any nationality nor owing allegiance to any State, are 
 disqualified to form States, as having themselves no right of 
 existence.* 
 
 "The marks of an independent State/' says Mr. Hall, "are 
 that the community constituting it is permanently established 
 for a political end, that it possesses a defined territory, and that 
 it is independent of external control. It is postulated of those 
 independent States, which are dealt with by International 
 Law, that they have a moral nature identical with that of indi- 
 viduals, and that, with respect to one another, they are in the 
 same relation as that in which individuals stand to each other 
 who are subject to Law. They are collective persons and as such 
 they have certain rights and are under certain obligations."f 
 
 46. The investigation and systematical arrangement of the 
 rights and obligations of States in their outward relations, with 
 the pratical modifications of these rights and duties, form the 
 subject matter of International Law, as will be treated hereafter 
 (62-75). But the clear understanding of the nature and struc- 
 ture of the Social Organism, as explained through the theory of 
 moral senses, i.e., the natural evolution process of the human 
 mind (42), is the indispensable light by which the various as- 
 pects and combinations, under which the reciprocal rights and 
 obligations of States present themselves, must be viewed, to 
 appear properly connected and formed into the system of rules 
 called International Law. Hence the source of International 
 intercourse must be sought in the moral development of the 
 human mind (63). 
 
 47. In the work quoted above, Mr. Hall says further: 
 " The capacity in a corporate person (State) to be subject to Law 
 evidently depends upon the existence of a sense of right and a 
 sense of obligation to act in obedience to it, either on the part of 
 the community at large or, at least, of the man or body of men in 
 
 * PHILLIMORE : Comm. on International Law. 
 
 f W. E. HALL: International Law, Edit. 1880, 1. 
 
48.] THE PHILOSOPHY OF CIVILIZATION. [71 
 
 whom the will governing the acts of the community resides."* 
 The cause of this sense of obligation to act in conformity with 
 Law as existing in the leading minds of those governing States, 
 having been investigated in the preceding chapters, we have 
 found it traceable to the working of the moral senses conscience 
 and sympathy on the individual mind, whose subjective concep- 
 tion of the Good is formed into objective Law by the Spirit of 
 Law, representing the ego of the respective community or State, 
 as described above (33). 
 
 Considering that social life is the natural consequence of the 
 human organism and, as such, subject to development in conform- 
 ity with that organism, it is but natural that States, which are 
 the outcome of social life, have, in their collective capacity as 
 aggregates of moral beings, the same moral obligations assigned 
 to them as man, but with a vaster and more complicated sphere of 
 action, and consequently with some special prerogatives and rights. 
 
 48. All social systems derive their origin from and are 
 naturally connected with the development or evolution of the 
 human mind. Social questions cannot be solved otherwise than 
 by tracing them up to the conditions under which the society to 
 which they have relation is developing in its moral as well as its 
 physical aspects. 
 
 There are two main conditions to be considered, with regard 
 to the social organism as well as the biological organism of man, 
 viz., the physical and the psychical nature of man. Professor 
 Huxley says that modern science, taking into account all the 
 phenomena of the universe which are brought to our knowledge 
 by observation or experiment, admits that thefe are two worlds 
 to be considered, the one physical and the other psychical ; that 
 their phenomena run not in one series but along two parallel 
 lines, and that, though the bridge from one to the other has yet 
 to be found, " there is a most intimate relation and interconnec- 
 tion between the two."* 
 
 * W. E, HALL : International Law, page 14. 
 
72] THE PHILOSOPHY OF CIVILIZATION. [48. 
 
 Thus, to arrive at some sound conclusion with regard to the 
 nature of any social phenomenon, we must invariably keep in view 
 the intimate relation and interconnection which exist between the 
 physical and moral aspects of Society, as the natural result of the 
 biological relation which exists between the social organism and 
 the organism of the individuals constituting the State. Without 
 these conditions in view, it is impossible to arrive at any logical 
 conclusion with regard to the theory of social evolution. Systems 
 purporting to explain social conditions or theories with regard to 
 pauperism, socialism, communism, anarchy, etc, must start from 
 these natural premises as basis, or else they are simply specula- 
 tions, the product of imagination, if not of one-sided party spirit, 
 and their conclusions cannot be relied on to guide political actions 
 of government. 
 
 It is obvious that social phenomena must be explained by the 
 theory of biological evolution, but naturally taking into account 
 the moral as well as the physical aspects of society. 
 
 Society has not the perfect concrete character of direct ad- 
 herence which is exhibited by the embryological cells in animal 
 organism, as biology teaches. The homogeneous units of which 
 society is composed retain their respective physiological autonomy, 
 but their moral and intellectual individualities are so interwoven 
 and complicately united in conscious and voluntary harmony of 
 moral and material co-operation, that society represents as well 
 a concrete phenomenon, or a community aiming at an end which 
 is not exclusively personal to any one of the homogeneous particu- 
 lars. Neither is society a mere mechanical aggregation, for it 
 represents itself "in all phases as a growing, developing, and thus 
 living concrete phenomenon, evolved from the sociological embryo, 
 according to certain definite laws revealed by historical facts, 
 analogous with the links of biological embryonic changes. This 
 gives the most important clue to the origin of existing societies. 
 
 * PROF. HUXLEY : Scientific and Pseudo. Scientific Eealism, "Ninteenth Century." 
 February,;1887, p. 192, 
 
48.] THE PHILOSOPHY OF CIVILIZATION. [73 
 
 The history of this growth, which is the province of ethnology, 
 furnishes explanations for the relationships of various nations, 
 at present apparently widely distinct in characteristics, and this 
 in an analogous way with the history of the growth from the 
 egg, which, in the study of animal embryology, furnishes the clue 
 to the ancestral biological relationships of various distinct species. 
 In biological bodies, cells are regarded as the primordial 
 elements, but these cells are not closely contiguous throughout ; 
 the connections are formed by the interstices between them being 
 filled by the intercellular substance called the medium, a less 
 perfectly organized matter, or, perhaps, matter in the process of 
 being formed into organized substance, as, e.g., the serum of the 
 blood, etc. If, now, in biological organisms, the cells or plastides 
 are connected by the intercellular medium, i.e., the environing 
 substance which supplies and perfects the organism, in social or- 
 ganism the individual cells of society are brought into intellectual 
 and moral adherence by the active medium of mutual inter- 
 dependence. The moral senses conscience and sympathy establish 
 the inner modifications, and material interest the outer modifica- 
 tions. These, in their mutual actions and counteractions, constitute 
 the factors of sociological evolution. But besides these factors 
 there exist manifold combinations of agencies of evolution in the 
 environment of the social as well as the biological organism. These 
 agencies are inorganic as well as organic, material, intellectual 
 and moral. With regard to biological organism they are the 
 physical and chemical forces, of which, however, we know only 
 the effects, called gravitation, heat, light, electricity, etc. (4), as 
 so many phenomena in nature, but of their absolute nature we 
 know so little as yet, that we are not even sure that they can be 
 called " forces " in the sense of spontaneous activity, In the 
 social organism, on the other hand, there are at work, besides 
 these physical agents, the impulses caused by the moral senses of 
 the human mind. Of these latter we know also only the effects 
 on the social organism, their causes being to the same degree 
 
74] THE PHILOSOPHY OF CIVILIZATION. [48. 
 
 unexplained as those of the so-called physical and chemical 
 forces (32). Into all these it is consequently impossible to 
 investigate in the sense of empirical science, and while science 
 is trying to explain as yet only the effects produced by each of the 
 several matters and forces, physical and moral in scientific 
 language collectively called " modifications of the environment," 
 philosophy speculates on the causation, and postulates, as 
 ultimate cause, a universally present primordial factor, the 
 motor of organic life in the evolution process, in social as well 
 as biological organism, under the term Spirit of Creation (2). 
 
 Society is thus a growing, developing, concrete phenomenon, 
 and as such a living organism. In this organism the individual 
 sensoriurrij the concentration of sensibility in the Ego, is repre- 
 sented by the Spirit of Law described above (33). 
 
 From the foregoing propositions the following conclusions 
 arise. 1. That society is not the product of a contract between 
 parties, a mere creature of human agencies that can be made 
 and unmade at will, and at any time, through dissolution of the 
 primitive agreement, but that it consists of individuals, physio- 
 logically autonomous but yet closely interdependent upon each 
 other, not only biologically for the procreation of the species, 
 but intellectually and morally, for the development of their 
 moral as well as their mental organisms. 2. : That society par- 
 takes of the biological character of the individuals of which it is 
 composed, and that it is, consequently, a living concrete organism, 
 vested with a special sensorium, having an end, aiming at the com- 
 mon well-being of the whole, individually as well as collectively. 
 3. That the State, which is the organized expression for society, 
 must be in nature, structure, and functions, analogous with the 
 biological expression of man. 
 
 The application of these rules forms the subject matter of the 
 next section. 
 
 49. In foregoing sections (43 47) we have described the 
 origin of states as social organisms and political bodies, with the 
 
49.] THE PHILOSOPHY OF CIVILIZATION. [75 
 
 natural and political nationality derived therefrom, and the con- 
 ditions for the political individuality of states as persons of 
 International Law ; having, as such, the same moral obligations 
 as man, hut modified by special prerogatives. The sociological 
 phenomenon state being thus defined in its outward expression, 
 we have proceeded, in the last foregoing section, to trace the anal- 
 ogy which naturally must exist between the organism of States, 
 as unions of homogeneous particulars, and the individual organisms 
 of these particulars, i.e., to compare social organism with biological 
 organism. From these premises the natural structure and 
 functions of the state must be traced, in order to establish what 
 could be called the Physiology of the State. 
 
 As thus defined, it is obvious that the nature of the social 
 organism does not admit of any theory based on preconceived 
 legal conclusions or ideas, for the regulating of a partnership to 
 carry on a social business association. The evolution of the social 
 organism cannot depend upon an artificial social compact ; it is 
 the moral and social nature of man which forms the basis on 
 which the organism of the state reposes. 
 
 " The growth of a thing," says Herbert Spencer, " is effect- 
 ed by the joint operation of certain forces on certain materials ; 
 and when it dwindles, there is either a lack of some materials, or 
 the forces co-operate in a way different from that which produces 
 growth. If a structure has varied, the implication is that the 
 processes which built it up were made unlike the parallel process- 
 es in other cases, by the greater or less amount of some or more 
 of the matters or actions concerned. Where there is unusual 
 fertility, the play of vital activities is thereby shown to have 
 deviated from the ordinary play of vital activities; and con- 
 versely if there is infertility."* 
 
 These statements respecting organic evolution can without 
 any alteration be applied to the growth and decay of the social 
 organism, the progress and the retrogression of civilization. 
 
 * " The Factors of Organic Evolution," Nineteenth Century, May, 1886, p. 749. 
 
76] THE PHILOSOPHY OP CIVILIZATION. [50. 
 
 States,, constituted of human individuals, must consequently 
 represent the successive progress or retrogression of the human 
 mind,, and naturally keep pace, in their advance or stagnation in 
 civilization, with the development or deterioration of the moral 
 principles of the mind. Every abnormal variation in the social 
 condition of the state points to an unnatural state of society, and 
 as the development of the state always takes place in conformity 
 with the progress of the principles of the moral senses of the 
 human minds constituting the state (comp. 42) it is evident that 
 the fault lies in the fact that society is suffering under some 
 abnormal causation, in disagreement with these moral principles, 
 through their decaying or having been outgrown by the 
 material element of the festered state ; which means that the 
 moral elements must be restored to their natural equilibrium, or 
 the whole constitutional system is endangered. 
 
 In the foregoing section the analogy between social organism 
 and biological organism has been set forth ; the natural conse- 
 quence of this similarity of character is that the social organism 
 must necessarily correspond with the nature and physiology of 
 the individual beings, constituting the homogeneous particulars 
 of the aggregate. Thus the physiology of the state is that of the 
 man. It is analogous with the normally developed body and 
 mind of its individual members. 
 
 50. From these premises we can conceive the natural 
 structure and organs, and the different faculties and functions of 
 the body-politic called State, and we will find that the analogy of 
 the physiology of the state with that of the human organism is 
 as natural as it is logical. 
 
 Thus the state is an organized society, and, being a living 
 phenomenon developed from human beings, it must naturally 
 have a concrete body, that is, an independent individual existence, 
 which, for its own preservation and growth, in conformity with 
 the natural evolution process, has also the faculties correspond- 
 ing with the physical and moral faculties of the physically and 
 
50.] THE PHILOSOPHY OF CIVILIZATION. [77 
 
 morally developed human beings of which it is a homogenous 
 aggregate. 
 
 As such, the state must have a head and a heart, organs of 
 Conscience and of Sympathy, which must work harmoniously 
 together in order to preserve the constitution of the state in a 
 normal, healthy condition, and to direct its will the executive 
 power of the State in accordance with its Spirit of Law. The 
 head is the sovereign and his government ; while the assembly 
 of representatives of the people constitute the heart, which, 
 in harmonious relation with the head, keeps this latter in healthy 
 control by the proper circulation, of the blood which is the 
 public opinion of the people, forming the Spirit of Law of the 
 State through the popular conscience (33). Through this co- 
 operation of the head and the heart of the state, the executive 
 power of the government, i.e., the will of the state is directed 
 in the path of justice and benevolence; which is the general 
 welfare of all the weak as well as the strong, the poor as well 
 as the rich for Justice, apart from the moderating influence of 
 Benevolence, degenerates into despotism, and from despotism into 
 tyranny, but Benevolence allows no rules to be imposed upon 
 human beings except such as the frailest human power is able 
 to bear without being crushed, or its development retarded. 
 These are the natural premises of the law-giver of the state, 
 i.e., the process through which the subjective good, conceived by 
 the moral senses conscience and sympathy, is brought into the 
 objective form of practical social laws; in other words, the prin- 
 ciple of legislation through mutual accord of Government and 
 Representative Body. 
 
 When the head and the heart of the state are in normal 
 activity, the constitution of the body- which is the mass of the 
 people is able to do its duty of feeding and strengthening the 
 members which support the weight of the state and execute the 
 decrees of its will. While national industry provides the means 
 for physical strength, and public education- supplies menial 
 
78] THE PHILOSOPHY OF CIVILIZATION. [51. 
 
 powers, morality and religion constitute the sinews and nerve of 
 the state. 
 
 The body contains the material element, the national wealth, 
 but the spinal cord, the centre and vigour of the whole living 
 organism of the state, is the morality of the people, the national 
 virtues, without which the whole . structure must crumble into 
 the formless materialistic chaos which constituted the state of 
 human co-existence before the evolution of the Moral-Mental 
 Organisms of men began to give form and harmony to Social 
 Organisms. 
 
 51. As the executive of the government represents the 
 State under all circumstances, it has become customary to indicate 
 the government by the term State. Hence the error of represent- 
 ing people and state as two distinct elements of a nation. But 
 the expression " state " and " people " have one and the same 
 meaning, for it is impossible to think of a state without the people 
 constituting it, neither can an aggregate of human beings repre- 
 sent a nation or people without some form of organization in the 
 nature of a State; i.e., of a social organism which exists and acts 
 as body-politic with rights and duties as the person of Interna- 
 tional Law. The State does not mean the Government in 
 particular, but the Government and* the People combined, as an 
 individualized homogeneity with one head and one heart to direct 
 and to control, to will and to execute its will. 
 
 The head of the state, as the centre of the government, rep- 
 resents the sovereign power of the whole state, internally as well 
 as externally ; externally as the organ of the State's individuality 
 in its relations with other states ; internally for the management 
 of the state-affairs and the execution of the state-laws made with 
 the co-operation of the people's representatives. 
 
 The representation of the people is not an opposing, but 
 a regulating-controlling element. The functions of the assembly 
 of the representatives of the people, with respect to the whole 
 state or body-politic, is like those of the hearfc in the human body 
 
-52.] THE PHILOSOPHY OF CIVILIZATION. [79 
 
 regulating and sustaining life through the whole organism. 
 Morally as well as materially controlling and rectifying the acti- 
 vities of the State, the representative body is the practical ex- 
 pression of the Spirit of Law, and, as such, its agent in the law- 
 forming process of legislation (56). 
 
 From the conclusions arrived at in this and the foregoing sec- 
 tions, results the form of state-organism which may be called the 
 Natural-Constitutional form. This is the normal form of govern- 
 ment evolved in a society composed of civilized beings, i.e., those 
 endowed with normally developed moral senses. Emanating 
 from the natural evolution process of the individual organism, 
 and analogous with the human constitution, the natural-constitu- 
 tional state's form is the standard form of the civilized state. 
 
 52. In the foregoing sections (48 50) we have noted the 
 natural analogy which exists between the social organism and the 
 biological organism of man. It was then shown, while treating 
 of the physiology of the State, that the normal development of 
 society takes place in conformity with the development of the 
 moral senses of the people composing it ; this being the natural 
 condition through which harmony is maintained between the diff- 
 erent faculties of the State (42). It was said then (49) that if 
 society suffers under some abnormal causation, in disagreement 
 with the constituent principles of the moral senses which con- 
 dition readily manifests itself in the excrescenses of dissatisfaction 
 it means that one part of the system is decaying, or has been out- 
 grown by the other, so that the harmony between the elements 
 composing the natural structure of society is disturbed, i.e., that 
 the social organism is in an abnormal condition. In such case 
 the harmony must be restored and the natural equilibrium of the 
 structure maintained, in order to prevent the whole constitutional 
 system becoming endangered. Thus we could fairly conclude that 
 the physiological identity of the state with the human beings of 
 which it is composed is manifest. 
 
 As a natural consequence of this identity of physiological 
 
80] THE PHILOSOPHY OF CIVILIZATION. [53, 
 
 conditions between the social organism and the biological or- 
 ganism of man, results (as was shown in 50) the necessity of a 
 relative identity in the corresponding faculties of the social 
 organism with the organs of the human body. The undeniable 
 natural analogy which thus exists between the organism of the 
 state and the normally developed body and mind of the individ- 
 uals constituting the homogeneous particulars of this aggregate 
 of human beings, excludes the idea of anarchy, in any sense, as 
 the normal result of the progress of societies composed of beings 
 with normally developed moral senses. 
 
 Anarchy, in the sense of no-government, has no more rea- 
 sonable meaning than the idea of a developed biological organism 
 without the head. The more society develops itself towards ,the 
 state of complete identification of altruism with egoism, as stated 
 by Mr. Herbert Spencer, and noted above (32 and 40) the 
 more government, in the sense of the concentrated consciousness 
 of the social organism, becomes intensive, through the absorption 
 of the individual particulars into the aggregate form, which can 
 never exist as a body without a head. The theory of natural 
 evolution is thus opposed to anarchy in all forms of social 
 organism. 
 
 53. The essential conditions of the natural constitutional 
 state's form, as described above (51), procure the necessary in- 
 dications with regard to the requirements for the status of the 
 head of the state, as well as the conditions attached to the quality 
 or selection, the formation or election of the people's represen- 
 tatives and the principles of representation. History and the 
 experience of thinking statesmen of all times, testify that the 
 same danger which Government serves to avert from society, viz., 
 the danger of the stronger tyranizing over the weaker, and which 
 makes government indispensable to preserve society, rises again in 
 those who administer the government, in the tendency to abuse 
 of their powers, when not checked by the control of the people ; 
 that also in this control is again perceivable the strong tendency of 
 
53.] THE PHILOSOPHY OF CIVILIZATION. [81 
 
 one party to overpower the other, which later danger can alone 
 be brought to its minimum by a judicious system of representa- 
 tion. This is the natural consequence of the selfish propensities 
 of human nature. Therefore absolute power, by right, is the 
 attribute of no human being, for clear and right judgment and 
 unbiased true sympathy constitute a state of perfection of the 
 human mind as yet attained by none. But although perfection 
 cannot be attained, it is the goal we all aim at, to the best of our 
 ability and judgment. 
 
 Thus, actions for the practical and judicious conduct of 
 human affairs are always guided by two different motives 1st, the 
 desire to do what is conscientiously believed to be in conformity 
 with the Moral Law, and 2nd, the selection of measures, with this 
 aim in view, which are the most likely to succeed. The combina 
 tion of these two motives is the aim of Government. 
 
 " Liberty/' says an American statesman, "is little more 
 than a name under all governments of the absolute form, includ- v 
 ing that of the numerical majority, and can have only a secure and 
 durable existence under those of the concurrent or constitutional 
 form. Having its origin in the same principle of our nature, 
 constitution stands to government as government stands to society; 
 and as the end for which society is ordained would be defeated 
 without government, so that for which government is ordained 
 would, in a great measure, be defeated without constitution. But 
 they differ in this striking particular : there is no difficulty in 
 forming government ; it is not even a matter of choice whether 
 there shall be one or not ; like breathing, it is not permitted to 
 depend on our volition ; necessity forces it on all communities 
 in some one form or another. Very different is the case as to 
 constitution; instead of a matter of necessity, it is one of the 
 most difficult tasks imposed on man to form a constitution worthy 
 of the name."* The task is not alone difficult, but it may well- 
 nigh be found impossible to trace, a priorij the conditions in 
 
 * CALHOUN : Disquisition on Government^ p. 60, p. 8. 
 
82] THE -PHILOSOPHY OF CIVILIZATION. [5.4. 
 
 which people and government shall come to stand towards each, 
 other after the evolution process has gone on for some time. 
 
 Government and constitution alike are of natural growth; 
 like the human mind from the evolution of which they originate, 
 they ar yet far from perfection, but their more or less successful 
 harmonious working indicates the stage on the road to perfection 
 which they have attained, and from this may be fairly traced the 
 advance of a nation in civilization; for, without this harmonious 
 working of a sound head and a fervent heart, there is no hope for 
 progress, or improvement of the State. 
 
 54. " If the human mind," says Prof. Bain, " grows dwarf- 
 ish and enfeebled, it is ordinarily because it is left to deal with 
 commonplace facts, and never summoned to the effort of taking 
 the span and the altitude of broad and lofty disclosures. The 
 understanding will gradually bring itself down to the dimensions 
 of the matters with which alone it is familiarized, till having long 
 been accustomed to contract its powers, it shall lose well-nigh the 
 ability to expand. The laws of the body are those of the mind. 
 Exercise and excitement strengthen and energize, indolence and 
 habits of insensitiveness contract, debilitate and at length kill."* 
 
 A good Government is that whose first duty of internal policy 
 consists in the care for the moral and intellectual development of 
 the people : by opening, through suitable institutions, to all and 
 every one, the opportunities for education and free individual 
 development, in science, for the intellectual culture, and in philos- 
 .ophy, for the cultivation of well-directed thought and reflection, 
 for the fostering and strengthening of the moral senses of the 
 individuals composing the State thus to awaken the moral con- 
 ception of their real interest and duties in respect to themselves, 
 their neighbours, and the laws of the State. The establishment of 
 institutions to promote normal education and moral common-sense 
 is the first duty of the civilized government ($33). The government 
 which thinks to promote the well-being of the people by strong 
 
 * ALEX. BAIN : The Emotions and the Will. 
 
54.] THE PHILOSOPHY OP CIVILIZATION. [83 
 
 state's discipline, usurps the power over human conscience, and 
 estranges the minds of the people from individual self-respect and 
 love of their country. Having no voice in the choice of their 
 legislators and in the framing of the laws by which they are ruled, 
 they are indifferent to the public welfare and are apt to look up to 
 the government for all sorts of material support, instead of depend- 
 ing on their own exertions. "Where there is no right, the sense of 
 duty is very lax. Void of right, they are free from responsibility 
 and are apt to discard all the moral obligations imposed on 
 civilized members of a society. The Government having assumed 
 the right to rule their private, as well as their public aspirations 
 and destiny, it is natural that the people should give their 
 government the blame of any increase in pauperism and crime. 
 
 If a short-sighted government can rule after its own pleasure, 
 it cannot shape society to its own convenience. If the tendency 
 to improvement gets awakened in minds of the people, society is 
 always prepared to receive the beneficial changes which lie in the 
 natural course and tendency of the human nature, by the ever- 
 acting Moral Senses, without whose working on the minds of the 
 people, progress would be retarded indefinitely. When the think- 
 ing minds are prepared, there will be the proper man forthcoming 
 to throw the weight of their individual faculties into the scale, 
 trembling between progress and retrogression, and if the govern- 
 ing class be even then neither able nor willing to prepare for the 
 advent of the natural regeneration on the way to progress, the 
 ever-growing current of civilization will swell to a power which 
 will remove all obstructions (39). The principles on which 
 government is based belong to those primary and philosophical 
 questions regarding the evolution of the social organism, the 
 solution of which is the not-to-be evaded task of enlightened 
 statesmanship; all sound politics form an integral part of this 
 philosophy. The monarchical extravagance of Hobbes, and the 
 strong individualistic prevalence of Herbert Spencer's theory, 
 find their medium in the monarchical-constitutional government, 
 
84] THE PHILOSOPHY OP CIVILIZATION. [55. 
 
 as moderated and counterbalanced by the free development of the 
 individual moral senses. Political discussions must have their 
 value tested by the elementary social science, for our conscience 
 is equally exacting in practice as in speculative thought, to 
 arrive at truth with sincerity and earnestness. An apparently 
 small incident of local interest in politics is an integral particle 
 of the wider interest of mankind. Our knowledge of the state 
 is not complete with practical experience only, but must be raised 
 from the domain of experience to that of thought, to test 
 experience by the doctrine of political rights and obligations. 
 On the other hand, philosophical speculation is not merely au 
 entertaining exercise for intellectual ingenuity, but provides for 
 the basis of conduct and influences the details of action of the 
 conscientious man. The meeting point of these mutually corrob- 
 orating speculative and practical activities is where the impartial 
 observer of facts and the honest searcher of theoretical truth are 
 merged into the good citizen. 
 
 55. As it is impossible for the mass .of the people to assem- 
 ble in one body, and for each individual member of the State to 
 devote his active personal attention to the affairs of the State, 
 in co-operation with the Government, as noted above, it becomes 
 necessary to select a suitable number of individuals among the 
 people to represent the whole nation. 
 
 These representatives of the people, when assembled in 
 conformity with the constitution of the State (60 and 61), con- 
 stitute what is termed the Legislative Body, which, in mutual 
 understanding with the governmental element, has an active share 
 in the affairs of the State. 
 
 We shall now proceed to treat, in this and the next sections, 
 the fundamental requirements of this most essential organ the 
 assembly of the representatives of the people, called above the 
 "heart" of the State (50). 
 
 From the statements made in sections 50-54 we draw the 
 following principles, on which the representation of the people 
 
56.] THE PHILOSOPHY OF CIVILIZATION. [85 
 
 must be based. Representatives must answer to this double 
 qualification ; viz., 1st, that they be the persons best fitted by 
 moral character and intelligent culture, by knowledge and prac- 
 tical experience, to constitute a body able to co-operate with the 
 Government in the framing of laws for the regulation of the 
 affairs of State, i.e., to form an active and efficient element of gov- 
 ernment. 2nd, that they be, at the same time, the most popular 
 men, i.e., possessing to the greatest extent the confidence of the 
 people, in order that the assembly of the people's representatives 
 may constitute, collectively, a body representing as nearly as 
 possible the true character and aspirations of the people. 
 
 The method for the selecting and the election of the Repre- 
 sentatives must lead to the comprehension of both these qualities 
 combined in the Legislative Body, so that this element of 
 Government be composed, as nearly as possible, of actual repre- 
 sentatives of the different dispositions, opinions and interests of 
 the people, by morally and intellectually developed individuals. 
 
 56. As such, and as such alone, the representative body 
 can be the exponent of public opinion, that is, of what the 
 nation really thinks and desires the real and serious demands of 
 the popular will in other words, the conclusion of the popular 
 consciousness which constitutes what we termed above the Spirit 
 of Law of the society composing the State (33). 
 
 The government or the representative assembly which fails 
 to discern this genuine Spirit of Law from the one-sided outcries of 
 those bustling, loquacious and noisy party organs, so often mis- 
 taken for public opinion, are placed in a false position towards 
 each other, fraught with the gravest dangers, as it makes har- 
 mony and co-operation between these two principal organs of the 
 State impossible. The warning against the danger of this false 
 position is the manifestation of an intelligent and influential public 
 opinion outside the assembly of representatives and in direct con- 
 tradiction to the opinion of the majority of this body. This indicates 
 a defect in the mode of selecting the representatives and the form- 
 
86] THE PHILOSOPHY OF CIVILIZATION. [57. 
 
 ation of the representative body. To correct this abnormality, the 
 assembly should be dissolved and reconstructed de novo, in the 
 manner and form prescribed by the constitution, in order to 
 secure for the Public National Conscience its natural right of 
 legally expressing itself in the Legislative Assembly of the State. 
 57. The foregoing sketch gives us an insight into the 
 nature of the organism of the State, in its normal condition, when 
 the different members and faculties are in harmonious working. 
 This harmony is the condition of the State when advanced in 
 civilization, and is what the State ought to be. But the egoism 
 of despotic Governments, on one side, and the not less selfish aspira- 
 tions of revolutionary political parties on the other, are constantly 
 disturbing this equilibrium of the State's organism. As soon as 
 political actions come into life, they are found to oscillate 
 between two extremes, viz., despotism and anarchy the extreme 
 of government authority and the extreme of individualism. 
 From this condition two principal political parties emerge in the 
 State, the one inclined to the side of absolute government, the 
 other towards complete individual independency, representing 
 the two main springs of State-policy, viz., the principle of author- 
 ity and that of liberty ; each party asserting a truth but not the 
 whole trutli, for neither the one nor the other can have exclusive 
 sway without the tendency of destroying the State. This shows 
 the necessity of their counterbalancing each other ; from which 
 results for the stability of the State again the necessity that 
 in the normal constitutional State, the actions of government and 
 people be combined in the Legislative Body. When one organ 
 absorbs more vital power than is consistent with the natural 
 harmony in the distribution of function in the body, the other 
 members must fall into decay, and the whole social constitution 
 must consequently suffer from this abnormal condition. So in a 
 State in which government and people have not the same main 
 interest to support, each trying to overpower the other, the final 
 result must be despotism or anarchy. 
 
'^' OF TH< 
 
 UNIVERSITY 
 
 58.] THE PHILOSOPHY OF CIVILIZATION. - [87 
 
 58. Abnormal conditions exist in the internal policy of 
 the State, when the harmonious co-operation of Government and 
 Representative Body is not honestly adhered to by any one of the 
 two parties in this, through nature's evolution, consolidated 
 social pactum ; for instance, when the absolute right of veto is 
 refused to the chief of the Government while the assembly of 
 representatives retain their full right of initiative and legislative 
 power or, on the other hand, when the right of initiative is 
 refused to the representative body, which is then only called upon 
 to sanction the bills proposed by the Government in disregard of 
 the manifest aspirations of the people. In all such cases where 
 the elements of the state do not co-operate, but each follows its 
 own course, the tendency is the destruction of the natural con- 
 stitutional character, which is the judicious equilibrium of the 
 faculties of the State, as formed by the natural evolution process 
 of the social organism (49). 
 
 Through this judicious equilibrium of powers, the natural- 
 constitutional Government finds strength to protect the minority 
 in the State against the tyranny of the majority, without prejudice 
 to the legal rights of the latter. This is arrived at by the right 
 of veto. 
 
 The right of veto, in a general sense, as vested in the head 
 of the State, is the corrective indispensable for the maintenance 
 of the equilibrium of the natural-constitutional form of State. 
 To exercise this right for the impartial benefit of all and every one 
 in the State, it is an indispensable requisite that the Sovereign, 
 as head of the State, be completely independent of all individual 
 ties and party associations in the State, and to be such, he must 
 not owe his high position to any individual or party influence, 
 and must have antecedent individual existence outside the people 
 of the State, of a source beyond all arbitrary human influence. 
 Hence the head of the natural-constitutional State must be a 
 priori designated by a condition unalterably fixed in Nature, 
 which is the birthright. This brings us, inductively, to the 
 
88] THE PHILOSOPHY OF CIVILIZATION. [59 
 
 conclusion that the naturally through social evolution develop- 
 ed State, with an organism composed of elements in equilibrium 
 of power, must have the Hereditary-Monarchical Constitutional 
 form of Government. 
 
 59. A primarily independent Head is so natural and 
 indispensable a guarantee for true liberty to all, in the unbiased 
 maintenance of the equilibrium of faculties of the State in its 
 natural constitutional form, that eminent republican writers, 
 though far from inclining to the monarchical system, yet, when 
 admitting the existence of a natural moral element in social 
 evolution, are forced, by the logic of organization and the reason 
 of the thing, to acknowledge the necessity of a general regulating 
 and incontestably- independent power as the Head of the State, to 
 superintend and, when necessary, to rectify the equilibrium of 
 functions in the . organism of the State. The only point on 
 which moderate republicans differ from our system is that they 
 deny the necessity of the hereditary qualification, while we sub- 
 mit, that to be completely independent of all political parties, 
 for the unquestionable benefit of all and every one, the Head of 
 the Natural Constitutional State must owe his power of Regula- 
 tor of the State to none but the unbiased and bribeless Law 
 of Nature. 
 
 " J'aurait voulu maitre," says Rousseau, in his famous work : 
 Discours sur Vorigine et les fondements d'egalite parmi les 
 hommeSj " dans un pays ou le souverain et le peuple ne pussent 
 avoir qu f un seul et meme interet, afin que tous les mouvements 
 de la machine ne tendissent jamais qu'au bonheur commun, ce 
 qui ne pouvant se faire a moins que le peuple et le souverain ne 
 soient une meme personne ; il s'ensuit " he takes care to add 
 "que j'aurais voulu naitre sous un gouvernement democratique, 
 sagement tempere." 
 
 " Sagement tempere" there is the rub ! Rousseau does 
 not venture to trust himself unconditionally to a democratic 
 people who are their own sovereign and correcting regulator, 
 
59.] THE PHILOSOPHY OF CIVILIZATION. [89 
 
 Democracy with a distinct legal individual Head, who has the 
 power of regulation and moderation, is what Rousseau thinks to 
 he the model Government. But is there any sounder bulwark 
 of moral and material liberty than the Constitutional Monarchy 
 with liberal or democratic institutions ? 
 
 " De lui meme," says this republican philosopher again, in 
 his Contrat Social, "le peuple vent toujours le bien; mais 
 de lui meme li ne le voit pas tourjours. La volonte generale 
 est tous jours droite, mais le jugement qui la guide n'est pas 
 tourjours eclaire." The volonte generale du peuple is, single- 
 handed, a well-meaning but a blind guide, and as such not to be 
 trusted. 
 
 The mechanism of State must have its equilibrium restored 
 by unbiased control, to secure impartiality in the execution of 
 the popular will, to regulate the affairs of State with justice and 
 benevolence ; this consists in the execution of the will of the 
 majority in justice to all, that is, with the least possible sacrifice 
 to the minority in the State ; in other words, the civilized State 
 must have a guarantee against tyranny in every form, whether 
 appearing in the absolute democratic majority of partyism or 
 vested in the one-headed despot. 
 
 The Monarchical-Constitutional Government represents the 
 natural equilibrium between material and moral powers in the 
 State. It is the system born from the natural evolution of the 
 human mind, leaving full scope to the moral development of the 
 people, by keeping the individual mind free from the demoralizing 
 influence of partisanship. "While the despotic government tries 
 to maintain its power by crushing out of the people's mind all 
 interest in the progress of the State, the uncontrolled democracy 
 tends to party tyranny. When going side by side with bribery 
 and lawlessness, it crushes out the moral senses of the people, 
 as there can be no respect for Conscience or Sympathy when 
 partyism has its own, not being checked by a supreme power in 
 the State which is perfectly free from all political party influences. 
 
90] THE PHILOSOPHY OF CIVILIZATION. [60. 
 
 Thus the Monarchical- Constitutional Government is to be 
 regarded as the only healthy normal medium between despotism 
 and anarchy, the safe refuge to escape from the scourges of both. 
 
 The hereditary sovereign is the constitutional judge, with 
 d priori well defined and regulated power to apply the right of 
 veto on decisions of the majority, when measures decided upon 
 by a relatively small majority, without being of great value to the 
 State in general, may be, on the other hand, the cause of great 
 affliction or injustice to the real interest of a large minority in the 
 State. The State, as an organized association, has for primary 
 object the physical, mental and moral well-being of the people, 
 and is not merely an institution for the accommodation of a facti- 
 tious majority who happened to be master of the polls for the 
 time being. The end of the State, in the first instance, is to 
 promote the happiness of all, if this be practicable, otherwise, the 
 greatest happiness of the greatest number (not that of the major" 
 ity alone), and thus applying to all its Benevolence as well as 
 Justice. The theory of Bentham, though proposed to deal with 
 purely material interests, is yet true in the moral aspect of the 
 well-organized State. In his work, Constitutional Code, he says, 
 "The right and proper end of government in every political 
 community is the greatest happiness of all the individuals of 
 which it is composed, say, in other words, the greatest happiness 
 of the greatest number."* 
 
 60. The codification of the principles on which the form 
 of the government of a State is based, is the fundamental Law, 
 called Constitution. This contains the plan of the whole organism 
 and the fundamental rules for the maintaining of the equilibrium 
 of the elements of the State. The constitution, and other organic 
 laws emanating from it which latter could be called Constitutional 
 bye-laivs are collectively comprehended under the denomination 
 of the Public or Political Law (Jus Pub lie urn, Staatsrecht of the 
 State see 61). 
 * BENTHAM: Constitutional Code, Book I., Introduction. 
 
61.] THE PHILOSOPHY OP CIVILIZATION. [91 
 
 The Constitution of a State, however, is not a document of 
 lawyer's conception, but, as noted above, State and Constitution 
 are growing together. It is not the Constitution, as law, which 
 produces the social organism. The spirit of Law (33) of the 
 society will mould the law to its own standard of civilization, 
 progressing or retrograding in conformity with the popular 
 consciousness. Not the people by the law, but the law by the 
 people; quid leges sine moribus? (comp. 40). 
 
 The stability of the fundamental Law of a State is caused 
 by the fact of its being gradually developed with the moral- 
 mental organism of the people. In this natural development 
 consists the moral relation between Government and People, 
 and the guarantee for the equilibrium of powers in the State, so 
 that in a State of normal development Government and People 
 will advance together in civilization ; while, the Government not 
 checking civilization, the People will not become estranged from 
 their rulers. In this harmonious development of both Govern- 
 ment and People lies the strength of self-government. 
 
 Besides the definition of the territory of the State, the 
 constitution contains, in the first place, stipulations with regard 
 to the functions, power and prerogatives of the Head of the 
 State, the mode of succession, * and the members of the govern- 
 mental organism. Further, the Constitution contains regulations 
 with regard to the representation of the people as noted above 
 (54) and the basis of the Legislative Power of the State, in two 
 branches, as described in the next section. 
 
 61. The danger to which individual liberty is ever expos- 
 ed, with regard to an autocratic head governing the State, does 
 not the less exist with regard to the legislative body. The vesting 
 of the power of legislation in the numerical majority of one single 
 assembly of men, is equally despotic in principle, and a despotism 
 which is the more hopeless as it comes from the elected of the 
 people, having the countenance of a multitude, which, through 
 party spirit, is too often only bent on what serves their 
 
92] THE PHILOSOPHY OF CIVILIZATION. [61. 
 
 own party-interest. The selection by popular suffrage of a num- 
 ber of individuals be it few or many assembled in a body, 
 does not procure an adequate guarantee against mislegislation or 
 oppression by tbe majority, unless this body be properly controlled 
 by another independently-constituted body of representatives, 
 equally emanating from the popular choice, but selected among 
 those morally and materially independent citizens, who through 
 their independent stand in society, are more apt to constitute a 
 controlling element in the legislature of the State. 
 
 The lessons of experience having thus taught that absolute 
 legislative power cannot be safely confided into the keeping of 
 single authority, it was found necessary, with the intellectual and 
 moral development of the people, to counteract this tendency to 
 abuse, by dividing or distributing this power in more than one 
 keeping. 
 
 This is arrived at through the instituting of two different 
 assemblies of representatives, constituting two distinct legislative 
 bodies, equally elected by the people, but with some different 
 qualifications with regard to the status of the members, or by 
 different systems of election, regulated in the Constitution. The 
 Constitution also establishes and formulates, practically, the politi- 
 cal relationship between these two branches of representation and 
 the government of the State, their attributes as law-makers, collec- 
 tively and separately, in the two essential requirements of the 
 people's representation, noted before, viz., that of being genuine 
 representatives of the people's interests, and at the same time 
 that of constituting an efficient element of control in the legisla- 
 tion of the State (54). 
 
 III. THE CO-EXISIENCE OF SOCIAL ORGANISMS. EXTERNAL 
 SOCIAL LIFE. INTERNATIONAL LAW. 
 
 62. The internal policy of a State is closely connected with 
 its external success as a Nation, and, as the basis of this policy 
 is the entire range of its legislation, it is obvious that, in the 
 
62.] THE PHILOSOPHY OF CIVILIZATION. [93 
 
 present state of civilization and progress, the internal legislation 
 of States exercises a growing influence on their mutual intercourse. 
 
 The duties of a civilized State are thus internal and external. 
 In the first instance, those dufcies which constitute the raison 
 d'etre of a State and are essential to its existence, consist in the 
 obligations which arise between the Government and the individ- 
 ual subjects or citizens (Staatsangehorige) in all matters pertain- 
 ing to public order and to the moral and material progress of the 
 nation. These are the internal activities of the State which 
 may be varied or modified without contact with the internal or 
 external attributes of any other State. 
 
 But, in the second instance, in order to be able to fulfil its 
 internal duties undisturbed, and to its full extent, the State must 
 enjoy the outward security and respect essential for the free 
 exercise of its full faculties and all its attributes as a body- 
 politic. This necessarily imposes on the individual State the 
 duty of intercourse with other States in order to establish its 
 rights, which, with regard to their external relations, are called 
 International Rights. 
 
 These International Rights are enumerated as follows : 
 
 1st. The right of existence ; from which devolve the rights 
 of self-preservation and of self-defence, with the accessory rights 
 of redress, retortion, reprisal, seizure, interference, and that of 
 making war and concluding peace. 
 
 2nd. The rights of sovereignty, independence, equality and 
 respect. 
 
 3rd. The right of property. 
 
 4th. The right of legislation. 
 
 5th. The right of intercourse and international commerce. 
 
 6th. The right of legation, negotiation and treaty. 
 
 7th. The right of neutrality. 
 
 The principal features of these rights and their correlative 
 obligations form the subject-matters of International Law.* 
 
 * See my Manual of International Law, etc., Edit. 1884, Vol. I., p. 79, et seq. 
 
94] THE PHILOSOPHY OF CIVILIZATION. [63. 
 
 In the case of all well- organized civilized States, their mu- 
 tual rights and corresponding obligations are, respectively, of the 
 same nature. Owing to this similarity of attributes and interests, 
 international rights and duties must devolve upon every State, as 
 a natural obligation to respect the rights of every other State, 
 and thus to maintain its own security for the proper fulfilment of 
 its internal obligations. 
 
 A State which refutes all international intercourse, places 
 itself outside the pale of the Law of Nations and has in conse- 
 quence no guarantee for its safety.* 
 
 63. From this it appears obvious that the interests and 
 duties of States are indentical, and that the mutual interests of 
 civilized States are so interwoven, that each, by the due perform- 
 ance of its own duty, promotes the welfare of all. Again, it is 
 obvious that the substitution of might for right brings misery not 
 only on the oppressed but also on the oppressor. 
 
 Plato observed that the just State differs in nothing from the 
 just man, and Hugo Gfrotius maintained that ethical principles 
 should underlie all transactions between nations as well as those 
 between individuals. 
 
 In sections 36 and 37 we have given an account of the 
 forming of the International Spirit of Law, and why International 
 Law must be regarded as the manifestation of civilization. The 
 rights and duties of Nation towards Nation the basis of interna- 
 tional intercourse are gradually developed from the actions of 
 the moral senses of the human mind, as described above 
 (46 and 47). 
 
 When mankind began to form itself into societies, and when 
 these different Societies, through having intercourse with each 
 other, found it necessary, for mutual safety and for their own 
 individual benefit, to abide by certain rules, tacitly or expressly 
 
 Thus China and Japan, and recently Corea, after centuries of seclusion and 
 exclusion of foreigners, entered into the family of Nations to secure their 
 own interests. 
 
63.] THE PHILOSOPHY OF CIVILIZATION. [95 
 
 admitted, the basis of these rules, which are wanted for material 
 interest, found root in the human moral sense of Conscience 
 which engenders good faith (31). 
 
 In the same proportion as Nations advance in civilization, 
 their rules of conduct towards each other are gradually brought 
 into conformity with the principles of justice and morality, and 
 find henceforth support not alone in material considerations and 
 purely selfish motives of mutual preservation, but also in the 
 awakened Human Conscience, which, when developed into 
 National or Popular Conscience, tends more and more towards 
 the practical observance of the dictates of the moral senses. 
 This takes place not only in the case of States of equal strength 
 and pretensions, but, indiscriminately, among all the members of 
 the great commonwealth of Nations. 
 
 This constitutes what is termed International Morality, 
 which is the principal agent in the forming of the International 
 Spirit of Law (36). 
 
 We find that civilized States, in their mutual intercourse, 
 in times of peace as well as in times of war, invariably appeal to 
 public opinion for the justification of their acts. This may be 
 done sometimes in the manner in which Pilate appeased his 
 conscience, but, however that may be, it is a plain acknowledg- 
 ment that justice is expected to be observed in the intercourse of 
 States, in the Society of Societies, as it is a constituent element 
 of Society itself. 
 
 The civilized Nations of all ages recognized moral principles 
 as binding upon themselves in their internal relations. There are 
 historical facts which indicate that the observance of these prin 
 ciples, in external as well as internal relations (however imper- 
 fectly realized) were not unknown to Greece and Eome, the 
 oldest of civilized Nations, on whose institutions modern Euro- 
 pean Laws are modelled. Cicero, in his great work on the com- 
 monwealth, maintains that Gt-od has given to all men conscience 
 and intellect, and that, where these exist, a law exists of which 
 
96] THE PHILOSOPHY OF CIVILIZATION. [63 
 
 all men are common subjects, and Plato repudiates the idea that 
 any Society could nourish which did not respect the rights of 
 other Societies.* 
 
 A State must be regarded with respect to its rights and duties, 
 and to the consequences of its relations with other bodies-politic 
 from two different points of view, viz., dejure and de facto. On 
 the one hand, a State must be regarded as a moral person, as be- 
 ing an aggregate of self-conscious agents, if we are to comprehend 
 the standard principles of its moral obligations. On the other 
 hand, it is necessary, in order to avoid ambiguity in our con- 
 clusions, to bear in mind the difference which de facto exists in 
 the nature of the respective rights and duties of the individual 
 man in his social relation to his fellow creatures, and the societies 
 of moral beings, called States, in their present mutual conditions ; 
 from which it results, that certain prerogatives and exceptional 
 rights are attributed to States which could not be possessed by 
 individuals. 
 
 Reason, therefore, which is the exponent of Conscience, 
 through Common Sense, and as such a distinct source of Inter- 
 national Law, guides the application of the dictates of the moral 
 senses to the rights and duties of States, by following the Inter- 
 national Spirit of Law f (74). 
 
 64. As we have seen in the preceding sections, the nature, 
 
 * PHILLIMORE : Commentary on International Laiv, Vol. I., Edit. 1879, Chap, iii, 
 17-27. " The same rules of morality which hold together men and families, 
 and form families into commonwealths, also link together these common, 
 wealths, as members of the great Society of mankind. Commonwealths, as 
 well as private men, are liable to injury and capable of benefit from each 
 other ; it is, therefore, their interest as well as their duty, to reverence, to 
 practice and to enforce those rules of justice, which control and restrain 
 injury, which regulate and augment benefit, which, even in their present 
 imperfect observance, preserve civilized States in a tolerable condition of 
 security from wrong, and which, if they could be generally obeyed, would 
 establish and permanently maintain the well being of the universal common- 
 wealths of the human race." SIR JAS. MACKINTOSH : Discourse on the Law 
 of Nature and Nations. 
 
 PHILLIMORE : Vol. I., 1879, Preface, page 7., and Chap, iv., page 30, Vol. 
 III., 1873, page 878. G. F. DE MARTENS : Precis du Droit des Gens, Edit. 
 1858, Note of Ch. Verge, 4, page 41. KLUBER : Droit des Gens Moderne 
 de V Europe, Edit. Ott., 1861, 37, page 58. VATTEL : Edit. Pradier Fodere, 
 1863. Preface of Vattel, page 47, and Preliminary. 
 
64.] THE PHILOSOPHY OF CIVILIZATION. [97 
 
 necessities and interest of States give rise to international concerns, 
 which establish international claims or rights with their corres- 
 ponding duties and obligations ; hence comes International Law. 
 There exists, however, in the great Society of States, no legislative 
 power, and therefore no written code of International Law, but 
 there exsist more or less generally acknowledged rules of reciproc- 
 ity of conduct, in peace and war. Such rules have been sanction- 
 ed either by written agreements concluded between sovereign 
 States, and called Treaties or Conventions, and forming the Con- 
 ventional Law, which has direct binding force for the States under 
 contract and serves as precedent in many cases, or they have 
 been sanctioned by custom or usage of long standing among 
 Nations, voluntarily admitted as the Customary Law. These two 
 elements constitute what may be called the Positive Law of Nations. 
 But as this Law, hedged in by the narrow limits of special and 
 isolated conventions and tacitly admitted customs, could not 
 supply all the wants of international intercourse, in the manifold 
 conditions of peace and war, it is supplemented by a third element, 
 which may be called the Necessary Law of Nations, and serves for 
 all those cases for which no provision is made, either by treaty 
 or custom. This third element, necessary to complete, through 
 International Jurisprudence, the rules essential for the inter- 
 course of civilized nations, necessary to cement the loose stones of 
 the Positive Law of Nations, composed of customs and conven- 
 tions and stray facts of historical precedents, into the solid 
 international structure that constitutes the stronghold of social 
 progress and civilization, is the Law of Conscience, which is the 
 Law of Justice* (31). 
 
 These three legal elements, viz., the Written Law, Customs, 
 and Justice, form, in their combination, what is called INTER- 
 NATIONAL LAW (jus inter gentes) . 
 
 The introduction of the Law of Conscience, as an acknowl- 
 
 * VATTEL : Droit des Gens, Prelim. 6-9. G. F. DE MARTENS : Prices du Droit 
 des Gens, Edit. 1858, Note of Ch. Verge, 4, p. 41. 
 
98] THE PHILOSOPHY OF CIVILIZATION. [64, 
 
 edged element of International Law, is only practicable to the 
 extent to which the fluctuating standard of international morality, 
 as existing at a given time between nations, by virtue of the 
 respective moral civilization of individual States, will admit of 
 it. A State's capability of being subject to Law evidently 
 depends upon the exercise of a sense of right and of a sense of 
 the obligation to act in obedience to it, either on the part of the 
 community at large or, at least, of the person or body of persons 
 in whom the will governing the acts of the community resides 
 (Hall, p. 13). International Law, being based on International 
 Morality, depends upon the state of progress made in civilization. 
 Hence arises the difficulty of giving an all-comprehending defini- 
 tion to International Law. What ought to be permanently under- 
 stood among civilized nations as the main priciples and the 
 basis of their mutual intercourse, we have noted already to be 
 the condition of the moral senses which we called above the 
 Moral Law of Nature (32). But we have also seen that the 
 Spirit of Law (33) is the practical manifestation of this general 
 Law of the human mind in the different stages of progress on the 
 road to civilization. Investigating this spirit of Law, we find 
 the definition of International Law to consist in certain rules 
 of conduct which Reason, prompted by Conscience, deduces as 
 consonant with Justice, with such Limitations and modifica- 
 tions as may be established by general consent to meet the exigencies 
 of the present state of society as existing among nations, and 
 which modern civilized States regard as binding them in their 
 relations with one another, with a force comparable in nature and 
 degree to that binding the conscientious person to obey the laws 
 of his country. All depends, thus, upon the capability of the 
 " conscientious person," who represents here the International 
 Popular Conscience, which is the International Spirit of Law.* 
 
 WHEATON: Edit. Dana, 14. W. E. HALL: International Law, Edit. 1880, 
 pages 1 and 13. "It is true, indeed, that a law controlling independent 
 Sovereign States can only become such by their free consent ; it must, as we 
 
64.] THE PHILOSOPHY OF CIVILIZATION. [99 
 
 From this it appears obvious that, in the present state of 
 international intercourse between states, no immutable system 
 for a generally acknowledged Law of Nations has as yet been 
 arrived at, although the principles of the Moral Law of Nature 
 are individually upheld by all civilized states, by the impartial 
 application of Justice to all included within the respective 
 territories. 
 
 " Righteousness exalteth a Nation, while sin is a reproach 
 to any People." This warning lesson of ancient wisdom, which 
 holds good for the rational dealings of Nation with Nation 
 through all generations, is fully acknowledged, but the influence 
 which the Moral Law, the Law of Conscience, exercises on the 
 actions of a Nation, is not regulated by its national moral stand- 
 ard only, but also by its relative freedom from powerful outward 
 causes of pressure, which may sometimes be beyond the control 
 of its most conscientious leaders. Thus it is that we sometimes 
 see Nations act in contradiction to their popular Conscience, 
 as exhibited by their popular organs, and this for want of a 
 free will to follow the dictates of that conscience. 
 
 It is the aim of sound State-Policy, to keep clear of a position 
 so degrading to the national character, by securing a free exercise 
 of the National Conscience, f 
 
 It has been stated that there can be no law between Nations, 
 as there is no palpable authority nor any acknowledged common 
 superior, no international executive to enforce the precepts of in- 
 
 have seen, be voluntary. But this code of voluntary rules cannot, for that 
 reason, be arbitrary, irrational, or inconsistent with Justice." WOOLSEY: 
 International Law, Edit. 1879, page 14. 
 
 t " The science which teaches the reciprocal duties of Sovereign States is not a 
 vain and useless study. Jf it were so, the same tiling might be affirmed of 
 the science of private morality, the duties inculcated by which are frequently 
 destitute of the sanction of positive law, and are enforced merely by con- 
 science and social opinion. As the very existence of social intercourse in 
 private life depends upon the observance of these duties, so the existence of 
 that mutual intercourse among nations, which is so essential to their happi- 
 ness and prosperity, depends upon the rules which have generally been 
 adopted by the great Society of Nations to regulate that intercourse." 
 WHJCJLXON : Elements of International Law, Ed. Dana, Preface, page 21. 
 
100] THE PHILOSOPHY OF CIVILIZATION. [64. 
 
 ternational laws. No Nation will take up arms to punish another 
 Nation which, whilst engaged in warfare, wilfully disregards the 
 common law of Nations. And it is fortunate that such is the 
 case; for it was the very attempt to set up such an authority of 
 external nature over the affairs of Nations, which prevented so 
 long the pure development which international morality might 
 have enjoyed through the free progress of civilization. The 
 inefficiency of such superior direction or international executive, 
 which, in whatever shape it may clothe its authority, would never 
 be free from the shortsightedness, egotism and partiality, which 
 is the nature of all human institutions, is exhibited by history, in 
 the struggle between Church and State for secular supremacy, 
 in their claim to guide the destinies of the Nations of Europe, 
 and in the feudal pretensions of the great Potentates of the East. 
 What have they all led to but to a retardation of the free devel- 
 opment of civilization. It is true, "pour ce genre d' infractions, 
 iln'y a pas de juge iti-bas" * and it is natural that such is the 
 case; for what human institution could sit in judgment over 
 transgressions of this nature, over crimes committed by Nations. 
 The Judge required is not personified on earth no more than 
 the Great Regulator of our moral obligations, who imparts to 
 our minds, through the Soul, a ray of His Spirit for our guidance, 
 so that, notwithstanding this absence of a visible judge, civilized 
 humanity finds itself restrained by the irresistible power of the 
 human conscience, which, in affairs of nations, has a sure agent 
 in public opinion, the organ of the Popular Conscience, and 
 whose reprehensions are not seldom the visible powerful factors 
 of effectual retribution f (37). 
 
 It is not the physical enforcement of a law which constitutes 
 its legality. The principal condition for the existence and main- 
 
 * Letter of Count von Moltke to Professor Blemtschli, dated llth December, 
 Io80, Revue de I'lnstitut de Droit Intern., Vol. XIII., IbSl, page 80. 
 
 f HEFFTER: Le Droit Intern, de V Europe, Trad., Bergson Ed., 1873, 2. page 3. 
 HALLECK : International Law, Commentary by Sir Sheraton Baker, Ed. 1878, 
 Ch. ii,, 13-16. 
 
64.] THE PHILOSOPHY OF CIVILIZATION. [101 
 
 tenance of all necessary laws is the moral sanction, for no power, 
 be it ever so strong, can uphold an unjust law for any length of 
 time. Justice is a Law of Nature and not the offspring of human 
 power, for what becomes of the power which is not based on 
 Justice? Let history speak and we shall find that where the 
 two are combined, there it is that Justice above all is indispens- 
 able for the preservation of power. The pretension that might 
 is right was regarded by Goethe as an infernal principle, when 
 he put in the mouth of Mephistopheles the words "hat man 
 Geicalf, so hat man Becht." * 
 
 The broad basis on which the principles of International 
 Law rest, makes it possible to comprehend all mankind in the 
 sphere of this Law, as it is applicable not merely to the inter- 
 course existing between Christian .Nations, but also to the inter- 
 course existing between these and non-Christian people, and to 
 the intercourse existing between theso hitter, while it is also 
 binding on all civilized Nations, as far as practicable, in their 
 dealings with uncivilized Nations for purposes of mutual benefit. 
 Equality of States, whether in civilization or in dependency, is 
 not a necessary condition for the conception of legal relations 
 existing between States on the basis of justice and benevolence, 
 which form the Moral Law of Nature, f 
 
 Whenever Nations corne in contact with each other, their 
 mutual intercourse is subject to this Moral Law, as the law 
 which is naturally binding before any regular compacts have 
 evolved from such intercourse. 
 
 * Le Droit regne d d'autres conditions quc la Force; il suffit d celle-ci d&tre 
 toujours la force ou laparaitre; ilfaut qu'elle s'allie a I'ignorance. Leressort 
 de la terreur ce detent d la lumiere, celui du droit s'y fortifie ; la force SB 
 manifeste par la banalite" de ses attaques, le droit ne se revele, ne se montre 
 aux hommes que sous desjormes intelligentes, ou il cesse d'etre le droit; 6man6 
 de V intelligence, il ne pent s'adresser qu'a elle. C'est un elmert t qui recherche 
 et poursuit a trovers tout ce qui n'est que mate'riel, reservant accueil et sanc- 
 tion d tout ce qui a pass6 par I'ame et de'savue a ce qui n'est pas marque' de ce 
 sceau," Le Drnit dans ses Maximes, page 135. RITTIEZ : Science des Droits, 
 etc.. Ch. xv., 4-7. 
 
 t H. 1. H. The Duke of Leuchtenberg's letter to Prof. Martens, of Sfc. Peters- 
 burg, of 19th February, 1881, with regard to the Laws of War (see Revue 
 de Droit International, 1881, p. 307) proves practically that it is possible to 
 respect these Laws under exceptionally trying circumstances. 
 
102] THE PHILOSOPHY OF CIVILIZATION. [65. 
 
 Another essential consequence of the supreme government 
 which this Law of the Moral Senses exercises as regards the 
 affairs of Nations is this, that by applying or keeping in view the 
 principles of conscience and sympathy combined, all differences 
 which might arise between States, can on this basis be settled by 
 arbitration, for when the absence of positive instruments and 
 proofs might render the solution difficult or even impossible, there 
 are the principles of Justice and Humanity in which all agree. 
 
 65. As stated above (46 and 63) the basis of all inter- 
 course, in the case of Nations as well as individuals, is good faith, 
 i.e., the respect which civilized men owe to the given word of 
 promise. This principle is the first in the test of civilization, as 
 the natural result of the moral development of the human mind 
 described in 5. All agreements from which obligations result, 
 must fulfil the following conditions, viz., 1st, that the contracting 
 parties possess the moral and legal capacity to treat ; 2nd, that 
 the consent be freely and voluntarily given ; 3rd, that the agree- 
 ment be in harmony with the Moral Law of Nature, i.e., in 
 conformity with the Spirit of Law of the highest standard existing 
 between the contracting parties; in other words, the agreement 
 must be based on the standard of national morality and civiliza- 
 tion of the party most advanced in morality and civilization, for 
 those who have attained to the higher moral standard cannot, 
 under any consideration, stoop to the lower one without polluting 
 their conscience and retreating on the road to civilization. These 
 principles determine the mutual duties of States. 
 
 With regard to the attitude which a civilized State ought to 
 assume towards uncivilized Nations, and the mutual confidence 
 which ought to exist between equally civilized States, in accord- 
 ance with the Moral Law of humanity, we cannot give better 
 evidence, in support of our exposition of the general principles 
 given in the preceding chapters, than by quoting from the recent 
 remarkable work of Prof. Lorimer, The Institutes of the Law of 
 Nations, the following passages. 
 
THE PHILOSOPHY OF CIVILIZATION. 
 
 "The moment that the power to help a retrograde race 
 forward towards the goal of human life consciously exists in a 
 civilized Nation, that civilized nation is bound to exert its power ; 
 and in the exercise of its power, it is entitled to assume an atti- 
 tude of guardianship, and to put wholly aside the proximate will 
 of the retrograde race. Its own civilization having resulted from 
 the exercise of a will which it regards as rational, real and ulti- 
 mate, at least when contrasted with the irrational, phenomenal 
 and proximate will of the inferior race, in vindicating its own 
 proximate will, it is entitled to assume that it vindicates the ulti- 
 mate will of the inferior race, the will, that is to say, at which 
 the inferior race must arrive when it reaches the stage of civili- 
 zation to which the higher race has attained. But the obligation 
 and the right of a civilized Nation to interfere with a retrograde 
 race, even where such interference might be for the benefit of the 
 latter, is limited by the proviso that, in so doing, it does not so 
 burden its own resources as to cause a greater loss of the means 
 of progress to itself and others than it confers on the retrograde 
 race." 
 
 " But," says Prof. Lorimer further, " time is an element in 
 the action of civilizing influences, the importance of which is not 
 always sufficiently kept in view. Neither warlike nor peaceful 
 contact acts immediately, nay, the first generation subjected to the 
 influences of either is frequently inferior to that which preceded 
 it. The pagan temple is in ruins, and the Christian Church has 
 not been built. The old rule of life has been abrogated, and 
 no better rule has yet taken its place. In many cases it becomes 
 a question of the utmost delicacy, whether appeals to the reason, 
 conscience, and the self-interest, even of savages, through mis- 
 sionaries, traders and neighboring settlers, be not more potent 
 than the closer contact and more direct guidance which results 
 from political subjection, if unaccompanied by actual colonization. 
 It is too true that colonization often acts as an improving influ- 
 ence only by improving those subjected to it off the face of the 
 
104] THE PHILOSOPHY OF CIVILIZATION. [65. 
 
 earth ; but its action admits of being so regulated by tbe mother 
 country as that it shall ultimately assign to her retrograde children 
 the position for which they are suited by the characteristics of 
 the race to which they belong, and the stage of progress which 
 they have reached, or, in the case of old communities, at which 
 they stand for the time being. The great difficulty always con- 
 sists in understanding those whose circumstances differ from our 
 own often more widely than their characters." * 
 
 With regard to the relations of mutual confidence which 
 ought in general to subsist between civilized States, Professor 
 Lorimer makes the following further remarks. 
 
 "The normal relations of States are relations neither of 
 hostility nor indifference as is alleged, not very justly, perhaps, 
 to have been the ancient opinion -nor of mutual jealousy and 
 distrust, which is still too much the modern opinion, but of amity 
 and reciprocal confidence. This is the logical inference from the 
 doctrines of Natural Law which we have elsewhere established. 
 It is on this inference that all the doctrines of the Law of Na- 
 tions rest, and its conquest, as a conscious starting point, is justly 
 regarded as the greatest achievement of science in this depart- 
 ment of inquiry. The much profaned principle of fraternity, 
 when thus understood, brings the whole moral hemisphere within 
 the range of scientific vision, and holds out to us a prospect of its 
 practical exploration. Expanding from the person to the family, 
 from the family to the State, and from the State to the com- 
 munity of States, the doctrine that "love, which worketh no ill 
 to its neighbour," is " the fulfilling of the law," by bringing the 
 law of Nations within the range of ethics, is preparing it 
 gradually to assume the character of a positive jural system. 
 But mutual good- will by no means implies mutual interference or 
 even co-operation, in ordinary circumstances. On the contrary, 
 the capacity for self-support and self-government being, as we 
 
 * Prof. JAMES LORIMIB, LL.D.: The Institutes of the Law of Nations, Vol. I., 
 p. 227. 
 
65.] "THE PHILOSOPHY OF CIVILIZATION. [105 
 
 have seen, conditions of recognition, non-interference may be 
 enunciated as the primary duty which separate communities, 
 simply as such, owe to each other. That, in the normal relations 
 of jural entities, the negative takes precedence of the positive 
 principle, is a maxim of universal application in jurisprudence, 
 which follows as a corollary from the subjective origin which we 
 have assigned both to rights and duties. As the first subjective 
 right of every separate rational entity is the right to the unfet- 
 tered exercise of the powers which God has conferred on him, 
 and his first subjective duty is to exercise these powers in his 
 own behalf, so, in like manner, the first objective right which 
 this entity must acknowledge is the right of others to be relieved 
 by his personal efforts of the burden of his support, and the first 
 objective duty towards him is the duty of permitting him to 
 energize for this purpose. Now separate States are such rational 
 and responsible entities. It is on this ground, as we have seen, 
 that their right to recognition rests and in their case, conse- 
 quently, just as in the case of individuals that are sui juris, the 
 rule must be in favor of non-interference. As time rolls on, and 
 the experience of ages accumulates, the importance of this rule, 
 not only for the sake of those in behalf of whose liberties it is 
 invoked, but of those on whose ambition, or philanthropy, or 
 restlessness, its restrictions are imposed, comes to be more and 
 more clearly admitted. The interest of each is felt to be the 
 interest of all ; and the interest of each, with few and often 
 doubtful exceptions, will be better promoted by leaving him to 
 follow the bent of his own genius than by any rules that we 
 can impose upon him, or even by any aid that we can afford 
 him." * 
 
 66. With regard to States as well as with regard to indi- 
 viduals, every right implies a correlative duty. Accordingly 
 
 * Prof. LORIMER : The Institutes of the Law of Nations, Vol. I., p. 230, et tea, 
 IDEM; Institutes of Law, p. 101, et seg., 212 and 235, 
 
106] THE PHILOSOPHY OF CIVILIZATION. [65. 
 
 all international rights are bound up with corresponding ob- 
 ligations. Hence proceeds the interdependence of States.* 
 
 From the point of view of humanity and civilization, the 
 normal condition of Nations appears to be a relationship of mutual 
 good will and peace. From the necessity and the desire to 
 secure this natural relationship, devolve various measures, includ- 
 ing even war, when the state of equilibrium is disturbed and 
 all peaceable means are exhausted. 
 
 " The obligation of a State to render justice to all others/' 
 says Halleck, " is a perfect obligation, of strictly binding force, 
 at all times and under all circumstances." No State can relieve 
 itself from this obligation, under any pretext whatever. It is an 
 obligation, according to Vattel, " more necessary still between 
 Nations than between individuals ; because injustice has more 
 terrible consequences in the quarrels of these powerful bodies- 
 politic and it is more difficult to obtain redress." The same rule 
 applies to all the duties of a State which result from the perfect 
 international rights of others, for whatever one Nation has a 
 perfect right to demand of another, that is the other absolutely 
 bound to surrender. The rule is absolute, and cannot be evaded 
 by any technicality, sophistry, or under any other pretext. To 
 refuse what is the absolute duty of a State to concede to another, 
 under any pretext whatsoever, would be a violation of the posi- 
 tive rule and fundamental principle of international jurispru- 
 dence, and no civilized Nation can now be found to refuse to 
 another an acknowledged and indisputable right. They may 
 dispute the right itself, and deny its existence as a right, but there 
 is none so low and debased in moral character as to deny the 
 duty and obligation to respect what is a manifest and acknow- 
 ledged international right of another. Moreover, this obligation 
 of the State is equally binding upon all its rulers, officers, and 
 
 * Souveranitat 1st nichfc absolute Unabhangigkeit, noch absolute Freiheit einea 
 Staates, denn, die Staaten sind keine absolute Wesen, sondern recHtlioh 
 beichrankte Personen. BLUNTSCHW: Volkerrecht, 65, 
 
67.] THE PHILOSOPHY OF CIVILIZATION. [107 
 
 citizens in short upon each and every individual member that 
 belongs to a State or body-politic.* 
 
 In the foregoing pages (62-66) are treated the data of 
 civilization with regard to international intercourse between indi- 
 vidual States ; we shall now proceed, in the following sections, to 
 examine the nature and requirements of the medium of this inter- 
 course, and the means of its subsistence, viz., the Right of 
 Negotiation and the International Treaties (67-69). 
 
 67. Treaties and Conventions forming, as stated on page 
 97, the Conventional Law of Nations are the means through 
 which international rights are created, modified or extended, by 
 developing or regulating the natural moral obligations which 
 exist between social organisms, as described above (62 and 63). 
 "Whilst moulding these natural moral obligations into practical 
 rules, international agreements impose upon the respective parties, 
 by mutual agreement, supplementary obligations to do or to omit 
 to do, or to suffer third parties to do or omit to do, certain special 
 acts by which parties calculate to arrive at a certain definite aim. 
 
 The constitution of every State determines the authority in 
 which is vested the power to conclude treaties binding on the 
 State as body-politic. As this power emanates from the Public 
 Law of the State, international agreements are called public 
 treaties or conventions (pactum gentium publicum), in contradis- 
 tinction from private contracts, which the Government of a State 
 sometimes enters into with private individuals or corporations ' 
 whether native or foreign with regard to loans or concessions 
 of territories for agricultural, colonization, mining or any other 
 industrial purposes. It is evident that only public treaties or 
 conventions, as being agreements between States, belong to the 
 domain of International Law. f 
 
 * HALLECK: International Law, Edit. Sir Sherston Baker, Vol. I., p. 392. 
 
 VATTEL: Droit des Gens, Liv. II., Ch. v., 63. 
 t VATTEL : Droit des Gens, Liv. II., Chap. xii. MARTENS : Precis des Droitt 
 
 des Gens Moderns, 4,7. KLUBEB: p. 141. ORTOLAN : Dipl de la M&r, Vol. 
 
 I., Chap. v. 
 
108] THE PHILOSOPHY OF CIVILIZATION. [69. 
 
 68. International treaties as well as international customs 
 are the manifestations of the International Spirit of Law ; in other 
 words, they are the indications of the state of progress or of 
 re-action in civilization, with this distinction, that the elasticity 
 of custom renders it a far more sincere interpreter of this Spirit 
 of Law than the formal treaty. Custom formed by moral obliga- 
 tions (29) rarely mistakes actual circumstances, as is often the 
 case with treaties, which are based on theories or presumed facts, 
 or made to satisfy temporary exigencies. Custom, being uncon- 
 sciously guided by the moral senses, causes men to follow the true 
 direction without being able to explain to themselves the reason 
 why they have chosen any particular course ; while many treaties, 
 which pretend to fix the goal beforehand, or to establish the right 
 direction through premeditating conception of the material object 
 to be attained, make men drift into the wrong way while they 
 intended to go right.* Thus, treaties which serve to suit special 
 interests are often serious impediments to progress. Finally, the 
 existence of a custom is the unfailing evidence that its object was 
 possible ; while the real objects of many treaties are not always 
 attainable. 
 
 A treaty ceases to be efficacious when the moral or material, 
 the speculative or practical object of agreement on which its m- 
 son d'etre was based, ceases to exist. The moral causes of the 
 imperfect observance of international contracts must be looked 
 for in the changes which take place in the standard of interna- 
 tional morality, as treated above (62-65.) 
 
 69. The practical causes of the imperfect observance of 
 treaties must be looked for in their material and technical im- 
 perfections and defects. These causes are .judiciously indicated, 
 under four heads, by Professor Sheldon Amos, in his late work on 
 the Science of Jurisprudence, as follows : 
 
 " In the first place, treaties are often made to last for an 
 indefinite length of time, during which the parties to them or- 
 
 * Prof. LORIMEB: The Institutes of the Law of Nations. 
 
69.] THE PHILOSOPHY OF CIVILIZATION. [109 
 
 dinarily undergo remarkable changes in their circumstances, both 
 in relation to each other and to other States, to which there is no 
 parallel presented in the circumstances of parties to a contract in 
 National Law. In order to meet this difficulty, it has been 
 suggested that either no treaty should be made for longer than a 
 very limited period say ten years or that, if made for longer 
 than that period, it should be known to be open to revision at the 
 end of some such period. The objection to this recommendation 
 is that some treaties must, from the nature of the case, be 
 intended to endure for a far longer time than others, and that a 
 prospect of a revision of them at a short distance of time would 
 produce the very insecurity in the tenure of all rights under 
 them which it is the main purpose of the treaty to prevent. In 
 the treaties with Great Britain which followed the declaration of 
 American Independence, and which had for one purpose, among 
 others, a definite fixing of the relative claims of American and 
 British citizens to fisheries along the coast of Canada and of the 
 adjoining islands, any prospect of changes after the lapse of a 
 definite period must have seriously qualified the nature of the 
 rights themselves, and any prospect of a revision of the treaties 
 at a fixed time must have not only had a like effect, but have 
 operated very unfavorably in fostering a restless temper of politi- 
 cal ambition. It should be admitted that just as a single State 
 can acquire rights by prescription or by continued possession, or 
 by the enduring consent of other States, so between two States 
 certain treaties may be made which must be allowed and expect- 
 ed to operate as long as the two States exist. The responsibility 
 incurred in making any such treaties, and the inexpediency of 
 multiplying them, is sufficiently evident to all. 
 
 " Another cause which leads to the imperfect observance of 
 treaties is the fact that the most important treaties, on the strict 
 maintenance of which the peace and order of a complex society 
 of States depend, ate constantly made out at the conclusion of a 
 war, in order to ascertain and fix the relations of the belligerent 
 
110] THE PHILOSOPHY OP CIVILIZATION. [69. 
 
 States towards one another. A professedly moral engagement 
 made under such circumstances can hardly fail to lack all the 
 elements of choice and freedom which alone can create a personal 
 sense or a general recognition of real responsibility. In all na- 
 tional systems of Law the presence of e duress/ or vis and metus, 
 are peremptorily held to invalidate the most formal and the most 
 apparently voluntary transactions. "When terms are imposed by 
 a conqueror, with the terrible alternative to their adoption of a 
 continuance of the war, and when, as it too frequently happens 
 in times of war, opinions and feelings in the vanquished or 
 worsted State are violently distracted, any engagement that can 
 be made as to the future must always contain the suppressed 
 clause that the treaty is only to operate so long as the weaker 
 State is physically forced to tolerate its operation. The very 
 consciousness of this latent infirmity, attaching to every treaty of 
 peace, tends, of itself, to make the customary terms of such 
 treaties harder than they might otherwise be. Thus violence 
 begets distrust, and distrust increases the violence ; from which 
 terrible series of reactions springs the lamentable phenomenon 
 that, while all the existing relations of the European States have 
 been mainly determined by treaties of peace, following upon 
 sanguinary wars, and depend, for their stability, upon the rigid 
 observance of those treaties, nevertheless hardly a single State 
 shrinks from breaking or, at the least, from clamorously in- 
 sisting upon a revision of any one of those treaties, as soon as it 
 seems conducive to its own interests to do so. A remedy for 
 this cause of the prevailing infirmity attaching to treaties is to be 
 found in multiplying treaties between States at peace with each 
 other, and while each is enjoying a considerable measure of inde- 
 pendence and dignity ; such treaties would possess all the most 
 hopeful elements of stability and cogency, and the States which 
 were parties to them, instead of writhing under a hard and 
 tyrannical chain the memorials of past degradation would 
 cherish and honor them with a noble rivalry, as being at once 
 
69.] THE PHILOSOPHY OF CIVILIZATION. [Ill 
 
 memorials of a worthy ambition and continuing tests of the 
 national honor. 
 
 " A third cause of [the non-observance of treaties is undoubt- 
 edly to be found in the loose and inaccurate form in which they 
 are frequently drawn up, in consequence of which there exists no 
 universal canon of interpretation which is applicable to them. 
 This fact is due partly to the political necessity of the case, and 
 partly to the want of any common juridical language equally 
 accepted by all the States of Europe. A treaty, when once finally 
 agreed upon, is always the result of a series of compromises, 
 especially when following upon a war. These compromises are 
 the product of protracted negotiations, conducted by a body of 
 men proverbially famous rather for deceiving one another in the 
 politest language than for successfully communicating to one 
 another the real meaning of their language and no more nor less. 
 Those negotiations, again, are apt to be violently interfered with 
 by all kinds of special influences and of indirect aims irrelevant 
 to the main points at issue, which yet, however, in the general 
 result, are not and cannot be ignored. Again, while there is an 
 avoidance of purely colloquial language in framing a treaty, there 
 is a current dislike to a purely legal style founded no doubt on 
 a reminiscence of the narrow system of interpretation, vulgarly, 
 though not altogether unjustly, attributed to professional lawyers. 
 It thus comes about that the style of a treaty runs a risk of having 
 the special defects of a home-made will, and of containing just 
 enough legal phraseology to generate disputes, and not enough to 
 clear them up. It is scarcely necessary to say that the true rem- 
 edy for this cause of the imperfect observance of treaties will be 
 found in the general cultivation throughout Europe of the study 
 of International Law. The age of secret diplomacy is passing 
 away with that of autocratic rule. It is probable that the new 
 era will be marked by a race of great and popular statesmen, 
 carrying on the negotiations with foreign States, as far as may be, 
 in the light of day and on principles which do not shun that light, 
 
112] THE PHILOSOPHY OP CIVILIZATION. [69. 
 
 and by a growing school of international lawyers who will assist 
 to build up a truly humane code, expressed in precise language, 
 to which the terms of every international document will bear ex- 
 plicit or implicit reference. 
 
 " The notice of the influence of popular movements in the 
 present day suggests the last or fourth cause which need be no- 
 ticed of the imperfect observance of treaties. It has always, of 
 necessity, been a matter of the utmost solicitude to determine 
 what amount of ratification, and by what persons, is necessary in 
 order to impart to a treaty its binding force. Treaties are neces- 
 sarily negotiated and executed by persons who reproduce, in 
 International Law, the character of agents in National Law. As 
 in the case of such agents, the special or general character of the 
 representatives has to be taken into account in estimating the 
 degree of their authority. In all States, ancient and modern, the 
 capacity to make binding treaties with foreign powers has been 
 held to rest exclusively in the Executive Authority of the State, 
 though as in the case of the share in such capacity possessed 
 by the Senate in the United States the Executive Authority 
 has occasionally been, for this special purpose, modified in its 
 constitution. This remarkable and enormous function of the 
 Executive has maintained its ground, no doubt, in part from the 
 traditional notions of the mutual dynastic relationships of the 
 monarchical heads of different States, whereby all foreign transac- 
 tions peculiarly adhered to the prerogative of the monarch, even 
 where matters of internal government had gradually become 
 encroached upon by the people ; and .partly to the possibility 
 of sudden emergencies presenting themselves, needing instant 
 settlement by conventions between States under circumstances in 
 which the delay necessary for consulting a public assembly, or the 
 publicity involved in consulting it, would seriously interfere with 
 the accomplishment of the purpose in view. It is possible, how- 
 ever, that the capacity of making important treaties will, in all 
 States, be more and more taken into its own hands by the supreme 
 
69.] THB PHILOSOPHY OP CIVILIZATION. 118 
 
 Political Authority. It is much fco be desired that this should be 
 the case, not only to ensure more prudent and deliberate engage- 
 ments being made, but in such a way to charge the whole Natioa 
 with the joint responsibility as to ensure their being kept."* 
 
 But whatever may be the inherent defects or imperfections of 
 international contracts, their obligatory force rests on mutual good 
 faith. All laws which have been formally enacted must be form 
 ally repealed, so treaties which have been formally negotiated 
 must be formally renounced or revised, as they do not possess the 
 elasticity and self-regulating characteristic of custom. As long 
 as the material interests are in harmony with the moral reasons, 
 the conscientious fulfilment of the mutual obligations, imposed 
 by the compact, is as natural a task as it is an easy duty to ac- 
 complish. But, as we noted above, the progress of humanity, in 
 conformity with its moral senses, is ever changing and moulding 
 the International Spirit of Law, which manifests itself in the 
 intercourse of Nations, and finds formulated utterances in different 
 international transactions. As such, international treaties are the 
 landmarks of the progress or the retrogression of Nations on the 
 road to civilization, and when a treaty does not agree with the 
 actuality of that state of mutual understanding between parties, 
 which is created by and is existing through the International 
 Spirit of Law, the treaty becomes naturally amendable. The 
 natural defect of such a contract must lead sooner or later to its 
 invalidity, and finally to a rupture of the inefficient contract, 
 unless the treaty be in due time abrogated or altered. The as- 
 pects under which the successive degrees of inefficaciousness of a 
 treaty, and its final peaceable amendment or abrogation present 
 themselves, are conspicuous marks of the progress or retrogression 
 of the International Spirit of Law. 
 
 Thus when we observe States entering into mutual obliga- 
 tions which afterwards become unduly onerous for one of the 
 
 * Prof. SHELDON AMOS : A Systematic View of the Science of Jurisprudence, Ed. 
 1872, p. 425, et seq. 
 
Il4] THE PHILOSOPHY OF CIVILIZATION. [69. 
 
 parties, so that the contracted obligation " conflicts with the 
 rights and welfare of its people " (Heffter) ; when we see a Na- 
 tion having " inadvertently and gratuitously abandoned an 
 essential natural right such, for example, as part of its indepen- 
 dence holds treaties incompatible with its development to be 
 null " (Bluntschli) ; or when we hear that " all treaties are to be 
 looked upon as null which are opposed to the development of the 
 free moral and material activity of a Nation, and that, by the light 
 of this principle, such treaties must be held immoral, iniquitous 
 and valueless " (Fiore) then, in all these cases, the sole way by 
 which it could be ascertained whether reasons given as above 
 are vile excuses of unscrupulousness and ambition, emanating 
 from a powerful party to impose on its weaker neighbours, or 
 whether they are real principles, emanating from a progressing 
 International Spirit of Law, is to put them to the test of unbias- 
 ed righteousness, which underlies this Spirit of Law. This is 
 done through the pratical solution of the question whether the 
 contract under dispute is or is not compatible with the real 
 welfare of the complaining party, as well as with the progress of 
 civilization in general, and thus ought to be adhered to or modi- 
 fied for the benefit of all parties concerned. The solution of this 
 question is the task of impartial arbitration, as will be described 
 hereafter. 
 
 When justice and benevolence, which, combined, constitute 
 righteousness, condemn an existing contract, the obligations 
 emanating from such a pactum, though couched in the most 
 solemn legal forms, are doubtless immoral, iniquitous and value- 
 less, and when, under the disguise of justice or humanity, 
 weapons of vile ambition are used, these are easily detected by 
 unbiased common sense, for nothing is more inconsistent with our 
 common sense than that Law, which is formed by our moral 
 senses, should be intended to bring license and confusion, instead 
 of restraint and order, into human dealings and transactions. 
 But, as noted above, these dealings and transactions are products 
 
70.] THE PHILOSOPHY OF CIVILIZATION. [115 
 
 of the state of civilization of the respective parties to the transac- 
 tions, and the changes which these transactions undergo keep 
 pace with the moral progress or retrogression of Nations in their 
 intercourse, in other words, with the International Spirit of Law. 
 
 70. The accidental or momentary disturbances which are 
 observed in the economical system of nature, both in the physical 
 and in the moral organism, are phenomena caused by occasional 
 perturbations in the regularity of occurences in nature, i.e., in the 
 Laws of Nature, moral as well as physical. These deviations 
 are observable through all stages of creation, from inorganic 
 matter up to biological and social organisms. 
 
 The variations in the dominion of the Moral Law of Nature 
 which, as described in the First Chapter, is the undisturbed 
 evolution of the human mind towards the Good are indicated 
 by the phenomena which we call the Spirit of Law, described in 
 33. The causes of perturbations of physical laws, in other 
 words, the origin of varieties in species, are often hidden to our 
 senses ; the inadequacy of our physical senses to perform proper 
 observations among the milliards of active factors which cause 
 the deviation of some particularly conspicuous physical law into 
 the channel of another or several other laws combined, will re- 
 main a serious impediment to natural science, notwithstanding 
 the most skillful contrivances made to bring to perfection the test 
 of experiments. Under these circumstances our perception of 
 physical causes must necessarily be deficient. This is, however, 
 not the case, to the same extent, with regard to our consciousness 
 of moral perturbations, provided we try to discover the causes 
 of the variations of the Moral Law of Nature through our moral 
 senses Conscience and Sympathy, which, when combined, repre- 
 sent in our mind this Law of Nature, and form our judgment, 
 through genuine common sense, which is Reason and Feeling 
 combined, as described above (34). 
 
 The scientific moralist who accepts the moral-mental organism 
 as part of the economical system of Nature, will not foil to obtain^ 
 
116] THE PHILOSOPHY OF CIVILIZATION. 
 
 through a well-developed common sense, a sufficiently clear con- 
 ception of the National Spirit of Law and the International Spirit 
 of Law; for, judging the history of mankind through genuine 
 Common sense (34) he will easily comprehend the immediate 
 factors which produced deteriorations from the Moral Law.* 
 
 We have noted before (-63) how civilized States, in their 
 mutual intercourse in time of war as well as peace, invariably 
 appeal to public opinion for the justification of their acts, and 
 how it is proved by history that civilized nations of all ages have 
 recognized the Moral Law to be binding upon them as the basis 
 of mutual duties, however poorly the state of the Spirit of Law, 
 which governed those mutual duties, might now appear to us by 
 the light of a progressing civilization. This Spirit of Law, em- 
 anating from the moral senses, of which it is the manifestation 
 in the practical life of nations as well as individuals, shows itself 
 in different aspects (not unlike the normal varieties of species 
 produced in the sphere of the physical laws), which are caused by 
 manifold influences of social life at every stage on the road to 
 civilization made by the subject whose immanent phenomenon it is. 
 These are normal variations of the social organism, but differences, 
 disputes and war between nations or states are abnormal varia- 
 tions of the Spirit of Law, caused by fundamental disturbance in 
 the natural evolution process which governs social relations. 
 
 In international as well as in civil jurisprudence, a dis*- 
 tiuction must be made between the rights of parties and the legal 
 means they employ to maintain and justify these rights and 
 
 * La perturbation accidentelle et momentanee de 1'harmonie qui doit presider a 
 tout systeuie regulier, est un fait de 1'ordre physique et de 1'ordre moral. 
 Ce fait s'observe dans la matiere inerte et dans les corps organises, ehez les 
 etres animes depourvus de raison, et chez Phomme, etre essentiellement 
 raisonable. Dans 1'ordre physique, la decouverte dea lois qui president! a 
 cette perturbation est souvent un probleme insoluble pour la raison de 
 Thornine; les effets se per9oiveut, tandis que les causes demenrent cachees. 
 Dans les institutions humaines de 1'ordre moral, 1'interruption de 1'harmonie 
 prend sa source dans le conflits des interets iudividuels, dans 1'antagonisme 
 des droits d'e chacun efc des obligations ou> devoirs qui cepoudent a ces 
 droite QBTOfcANi: Diplomatic &$ \a, M&r, Edit, 1864, Vol. II., p. 2 ? Cause 
 et objet de la guerre. 
 
$71.] THE PHILOSOPHY OF CIVILIZATION. [117 
 
 for the termination of the differences. Justice and Benevolence 
 are ever influencing the human mind to bring the latter in har- 
 mony with the Moral Law of Nature. The standard by which 
 the rights of parties must be regarded by an unbiased mind can 
 therefore not be disputed ; it is the means of adjudication which 
 constitutes the difference between civil and international juris- 
 prudence. Thus, differences or disputes between Nations or 
 States, when not capable of being settled by amicable arrange- 
 ment, compromise, arbitration or other normal measures of 
 peace, are apt to throw society back into that state of semi- 
 barbarism in which only brute force constitutes an acknowledged 
 verdict, that is, into the state of war. * 
 
 In the first instance, the rules applied in order to arrive at a 
 solution of the question in a peaceable way are called the Laics of 
 Peace, while, in the other instance, when parties have drifted into 
 a state of mutual violence, this state is yet subjected, as far as 
 possible, to certain rules of restraint acknowledged by Interna- 
 tional Law, which are called Laws of War (Jus belli) (72 
 and 73). 
 
 71. There is, however, an intermediate condition between 
 peace and war, a medium state, in which a crisis is formed by the 
 alternative of adopting the one or the other course. In this state 
 arbitrary acts are often committed, by one or both of the con- 
 tending parties, in order to hasten the termination of the crisis. 
 This brings parties into a condition of enmity, often accompanied 
 by acts of violence, which fall short of actual war only by being 
 more or less limited to a certain defined line of action or field of 
 operation in conformity with the predominating social, political or 
 moral conditions which the respective parties occupy in relation 
 to each other. This intermediate condition between peace and 
 war is called retaliation or reprisal. 
 
 The Laws of Peace give several remedies at hand to terminate 
 
 * G. F. DE MARTENS : Precis de Droit des Gens, Edit. Verge, 1858, Vol. II., p. 19. 
 JEUB*B: DJdit. Qtt., 1861, p. 40G. 
 
118] THE PHILOSOPHY OF CIVILIZATION. [71, 
 
 differences among contending States. In the first place, the 
 principles of the laws of peace require that the facts which have 
 caused the difference or contest must be clearly established. In 
 the means which parties employ to establish these facts lies not 
 only the test of the sincerity of their appeal to^the laws of peace, 
 but these proceedings form a genuine standard by which one may 
 judge their respective national morality. 
 
 When Great Britain, with the magnanimity really worthy 
 of a great Nation, acknowledged the misconception of facts which 
 had led to the Transvaal war, and ceased the bloody contest with 
 those few brave sons of het oude Vaderland, which the colossus 
 could have easily crushed but never made to yield, British 
 statesmen never displayed a truer sense of the appreciation in 
 which they hold inborn national-moral sense of justice and be- 
 nevolence. Thus it was also in the case of the Alabama arbitra- 
 tion, when two great Nations avoided a bloody contest between 
 kindred nationalities, by submitting to a sincere investigation 
 of facts, and proved that, when the International Spirit of Law 
 has attained to a high moral standard, bloody conflicts between 
 States are almost sure to be prevented. Alas ! that history could 
 not have recorded the same of the latest differences between two 
 of the most civilized Nations of the Earth, who, without any 
 serious attempt at a peaceable solution, hurried two friendly 
 neighbouring populations into a war which filled Europe with 
 consternation and dread. But fortunately again, the chariot of 
 the conqueror was checked by the genuine appreciation of justice 
 and benevolence, worthy of the great Sovereign under whose 
 sceptre a great people has succeeded to combine tribal nationality 
 with political unity, and through the moderation of their great 
 statesman who, while taking all responsibility on his great mind, 
 yet never quailed in any difficulty, nor ever overstepped the limits 
 of his great task to venture on feats of ambition, which would 
 have thrust back the civilization of Europe for more than a 
 century into a course of retrogression leaving all the great and 
 
71.] THE PHILOSOPHY OP CIVILIZATION. [119 
 
 good minds, which, have so zealously pleaded for the recognition 
 of international morality, in profound despair of ever finding a 
 clue to the problem of human destiny. And thus it was the ever 
 self-rectifying power of the Moral Senses which, regaining its 
 sway over the human mind, caused genuine common sense and 
 moderation of leaders and people to prevail over the rapacious, 
 selfish inclinations of the animal nature of man. 
 
 But, returning to our subject, it must be kept in mind that, 
 although the ascertaining of the facts, which gave occasion to the 
 difference, is logically the first stage of process in every attempt 
 to discuss a matter of dispute between reasonable beings, yet, 
 unfortunately, facts cannot always be proved to such an incon- 
 testable degree of certainty as to convince the party who is in the 
 wrong, even presuming that he really and bond fide wishes to be 
 convinced. And how seldom does this latter case happen ; how 
 often the so-called leading newspapers of the day stoop to become, 
 maliciously, misleading chroniclers of history, refusing all rectifi- 
 cation that could remove the national prejudices to which it is 
 their interest to pander. Thus each party tries to establish such 
 a statement of the facts complained of as would tell in its own 
 favor, in which process almost invariably a one-sided subjective 
 conception of the facts in dispute, or their effects, is, with all the 
 characteristics of an ex parte statement, substituted for actual 
 occurrences, which may in themselves have been very innocent 
 acts, caused by force majeure or by some peculiar position of the 
 parties. In this case an unprejudiced court alone can clearly 
 establish the undeniable facts ; this indispensable requisite is 
 to be found in the system of arbitration, which is treated in 
 sections 74 and 75. 
 
 With regard to the moral obligation resting on both parties, 
 to ascertain the facts with moderation, Halleck says : " The 
 precepts of morality/ as well as the principles of public law, by 
 which human society is governed, render it obligatory upon 
 a State* before resorting to arms, to try every pacific mode of 
 
120] THE PHILOSOPHY OP CIVILIZATION. [72. 
 
 settling its disputes with others, whether such disputes arise from 
 rights denied or injuries received. This moderation is the more 
 necessary as it not infrequently happens that what is at first 
 looked upon as an injury or an insult, is found, upon a more 
 deliberate examination, to he a mistake rather than an act of 
 malice, or one designed to give offence. Moreover, the injury may 
 result from the acts of inferior persons, which may not receive the 
 approbation of their own Government. A little moderation and 
 delay in such cases may bring to the offended party a just satis- 
 faction ; whereas rash and precipitate measures often lead to the 
 shedding of much innocent blood. The moderation of the Gov- 
 ernment of the United States, in the case of the burning of the 
 American steam-boat Caroline (1837), by a British officer, led to 
 an amicable adjustment of the difficulties arising from a violation 
 of neutral territory, and saved both countries from the disasters 
 of a bloody war. The moderation of the British Admiral in the 
 affair at St. Juan Island is deserving of the highest praise."* 
 
 When the facts which gave rise to the dispute are clearly 
 established, it is the moral duty and thus the sound policy in the 
 case of every State to try to settle differences in a peaceable 
 manner before resorting to the decision of arms. 
 
 72. War between civilized Nations is that abnormal social 
 condition which is produced by the temporary degeneration of the 
 International Conscience, which has then ceased to be susceptible 
 of conceiving the practicability of any means for settling differ- 
 ences otherwise than by force (70). 
 
 Degeneration or retrogression of the moral-mental organism 
 of man is a condition he plainly feels to be contrary to his nature, 
 and he strives hard, therefore, to raise himself above it into his 
 normal state of existence, in harmony with the preponderance of 
 his moral senses, which perpetually are urging the moral-mental 
 organism to complete this harmony. Hence the strange phenome- 
 non that, in the midst of the uncontrollable passions of their 
 * HALLECK : International Law, Ed. Sir Sheraton Baker, Vol. I., p. 413. 
 
72.] THE PHILOSOPHY OF CIVILIZATION. [121 
 
 brutish propensities, civilized human beings, i.e., those which have 
 reached the stage in creation called the moral-mental organism, 
 are imbued with a longing, an innate desire to bridle these pas* 
 sions. This is the manifestation of the influence which the Moral 
 Senses exercise on the moral-mental organism of man, and this in- 
 fluence is the origin of the usages which are called the Laws of War. 
 
 Thus war, though being a state of litigation between Nations, 
 in which the force of arms must act as judge, and decide, is yet 
 subject to rules which prevent it from degenerating into indiscrim- 
 inate slaughter of human beings on either side, to end, as in the 
 barbarian ages, with the extermination of one of the contending 
 parties. 
 
 It is due to the influence of the Moral Senses on the human 
 organism, which causes the development of civilization, that 
 Justice and Benevolence, though far from being as yet predomin- 
 ant in the human mind, are becoming more and more conspicuous 
 in the present stage of creation on earth (5). Hence the pos- 
 sibility of laws between Nations, in warfare as well as in 
 peaceable mutual intercourse. 
 
 Whilst in this condition of carrying on litigation by force of 
 arms, the parties acquire, through the Law of War, certain acci- 
 dental rights called belligerent rights, which impose also certain 
 obligations on third parties, called obligations of neutrality. These 
 obligations of neutrality are based on the principle of strict im- 
 partiality towards parties in litigation, and impose on neutrals the 
 obligation when called upon in certain doubtful cases to prove 
 their impartiality of granting belligerents, in special cases, the 
 right of investigation and adjudication in matters which, in a 
 normal state of affairs, would be entirely outside their jurisdiction. 
 Among the rights granted to belligerents, is that to visit and 
 search neutral vessels or conveyances, which are suspected to be 
 in unfair relation with an enemy, provided these proceedings take 
 place in conformity with the generally acknowledged rules, which 
 we termed above the Laws of War. 
 
122] THE PHILOSOPHY OF CIVILIZATION. [73. 
 
 73. In section 70 we have noted the nature of the condi- 
 tion of war between civilized societies in its relation to the 
 natural laws governing these societies, and in section 72 we 
 have stated our views with regard to the origin of the restraint 
 placed by civilization on the ravages of war, which constitute the 
 Law of War (Jus belli). We must now proceed to note the 
 status which is regarded as Law of War for the contending 
 States, and for individuals as third parties. 
 
 War is a relation between States alone, and States being the 
 only subjects of International Law, that Law takes cognizance of 
 the individual solely through his State and as belonging to it, so 
 that, except as a member of his State, the private individual has, 
 in the eye of International Law, neither personal nor proprietary 
 rights. From this principle which is acknowledged by almost 
 all writers on the Law of War it naturally follows that where 
 neither personal nor proprietary rights are acknowledged, there can 
 neither exist any personal obligations nor any liability of property. 
 
 War affects, in a direct manner, States only, not individuals, 
 for States are the sole international units. "The community and 
 its members," says Mr. Hall, " except in their State form, being 
 internationally unrecognized, any rights which belong to them 
 must be clothed in the garb of State rights, before they can be put 
 forward internationally." * 
 
 If this is the case with rights, it is a natural consequence 
 that such must be also the case with obligations. As individual 
 members of a State have no recognized international rights, the 
 private individual cannot be involved in the international obliga- 
 tions of his State. 
 
 The state of war entails no jus in personam against every 
 private individual in the State, for whose liabilities any human 
 creature belonging to the Nation indiscriminately widows and 
 minors and their properties not excepted may be sued in solidum 
 and compelled ad dandmn aut faciendum. 
 
 * W. E. HALL : International Law, Edit. 1880, p. 39. 
 
73.] THE PHILOSOPHY OF CIVILIZATION. [123 
 
 The principle of the jus in personam is founded on the free- 
 will of men, and results especially from the power which every 
 individual has over his own acts, and nobody can ever possess 
 such power over the acts of anybody else so as to bind the latter 
 to any obligations without his free consent, for no one can ac- 
 quire through another a, jus in personam without distinct transfer. 
 Thus the private individual can, per se, never be identified with 
 the international acts for which his State as body politic, and its 
 agents of all descriptions, are solely responsible, in conformity with 
 the principle of International Law ; consequently in war there 
 exists a relation of a State to a State, and not of individuals versus 
 individuals. The savage maxim that when war is declared be- 
 tween the two Nations, every individual member of the one is on 
 the war-path against every person belonging to the other, is 
 happily banished from the usages of warfare between civilized 
 States, and what is still left of the individualism of those tribal 
 wars of mutual massacre and plundering is gradually giving way 
 before the progress of civilization. 
 
 The inevitable imperfection of our moral-mental organism 
 entails the same condition of imperfection in social life, for States 
 are collections of human beings and, as such, partake of their 
 imperfections, but the National Spirit of Law, which is the out- 
 come of the influence of the Moral Senses on the individual man, 
 is distinct from the International Spirit of Law, which latter is 
 the effect of Public Consciousness (33) on aggregates of individ- 
 uals in their combined condition called States or Bodies-Politic. 
 It would be, therefore, contrary to Justice and Benevolence to 
 refer actions and transactions of States, which are distinct unities, 
 governed by the International Spirit of Law, to the responsibility 
 of private individual members of these unities, which latter 
 follow, in their mutual relations, the clearer and better denned 
 rules of the National Spirit of Law. Their respective obligations 
 can, therefore, not be identical. In the former condition the in- 
 dividual has no direct or active share as such, while in the latter 
 
124] THE PHILOSOPHY OF CIVILIZATION. [?3. 
 
 he exercises a direct and active influence, being then in a position 
 to obey the injunctions of his conscience and sympathy, through 
 the direct individual control of these senses. It is, on the other 
 hand, impossible for the private individual to exercise any control 
 over the actions of a body in the management of which he has 
 no share. Hence the distinction of the National Spirit of Law 
 and the International Spirit of Law, as described in 33 and 36, 
 and the palpable injustice inflicted in making private individuals, 
 who have no part whatever in the direction of the affairs of a 
 State, and who do not possess any leading or executive functions, 
 suffer for the result of actions beyond their control. 
 
 The hostile character of the public enemy (hostis), which 
 is distinct from that of the private enemy (inimicus), results 
 from political ties and not from personal feelings or personal 
 wrongs. " Their status/' says Halleck, with reference to public 
 enemies, "is that of legal hostility and not of personal enmity. 
 Private enemies have hatred and rancour in their hearts and 
 seek to do each other personal injury. Not so with public 
 enemies ; they do not, as individuals, seek to do each other per- 
 sonal harm, and even where brought into actual conflict as 
 armed belligerents, there is usually no personal enmity between 
 the individuals of the contending forces. So far from this, when 
 peace is declared, the military forces of the opposing belligerents 
 are usually personal friends, and vie with each other in politeness 
 and mutual kindness." * 
 
 The principles of the Law of War (jus belli), as described 
 above, are established under the influence of the International 
 Spirit of Law (36) but the fortuitous Usages of War (coutumes de 
 la guerre, Kriegsgebrauche) are not always in conformity with the 
 principles of the Law of War, as laid down by human Conscience 
 and Sympathy in their striving to bring the practices of actual 
 warfare up to the acknowledged normal standard of civilization, 
 i.e., to bring about conformity with the existing International 
 
 * HALLECK : Vol. II., p. 52. 
 
73.] THE PHILOSOPHY OF CIVILIZATION. [125 
 
 Spirit of Law. But there exists nevertheless a certain corres- 
 pondence between these principles and the contingent usages or 
 practices of war, which is sufficiently perceptible to serve as a 
 guide that will enable us to find out what may or may not be 
 deemed justifiable practices of war. 
 
 One of the most conspicuous deviations of the incidental 
 usages of war from the principles of the Law of War is the 
 peculiar custom, which yet exists, to seize and confiscate all 
 private property of the enemy on the high seas a custom which 
 on land is called pillage, and as such banished from the practices 
 of war among civilized nations. 
 
 This anomaly in the usages of war of a civilized generation 
 is due to the tenacity with which some nations persist in adher- 
 ing to the ancient practices sanctioned at one time by the bar- 
 baric propensities of former generations. This anomalous practice 
 is the more surprising as it is maintained side by side with a 
 military code characterized by the most conspicuous marks of an 
 advanced civilization. The cause of this partial barbarism is to 
 be looked for in certain influences predominating in State govern- 
 ment, which are maintained by traditional national prejudices and 
 fostered by narrow-minded selfishness ; and this, notwithstanding 
 all the most able and conscientious efforts made, from within and 
 without, with a view to overcome these prejudices.* 
 
 * The writers of the last and present centuries, who have most effectually 
 opposed the usage of capturing private property on the high sea, are the 
 following: MABLY : Le Droit Public de I' Europe, fonde" sur les traites, Vol. 
 II., p. 310. LINGUET : Annales Politiques, Anno 1779, Vol. V., p. 506. Prof. 
 P. MARTENS: De la propriete" privee en temps de guerre. Drs. AEGIDI and 
 KLAUHOLD : Frei Schiff unter Feindes Flagge, 1867. ERCOLE VIDARI : Del 
 rispetto della proprieta privatafra gli Stati in Guerra, Pavia, .1867. EUGENE 
 CHAUCHY: Du respect de la proprie'te' prive'e dans les guerres maritimes, Paris, 
 1866- BLUNTSCHLI : Du droit du butin en g^ndral et specialement du droit de 
 prise maritime, " Revue de Droit Intern." Vol. IX., 1877, p. 539,. and Vol. X., 
 1878, p. 60. E. DE LAVELEYE: Du respect de la propriety privee sur mer 
 en temps de guerre, " Kevue de Droit Intern.," Vol. VII., 1875, p. 560. 
 PIERANTONI : Les prises maritimes d'apres I'ecole et la legislation Italienne; 
 "Revue de Droit International," Vol. VII., 1875, p. 618. FIORE:. Nouv. 
 Droit Intern., Part II. , Chapters vii. and viii. G- MASSE: Le Droit com- 
 mercial dans ses rapports avec le droit des gens, Paris, 1874, Vol. II., Livre 
 II. ERNEST NYS : La Guerre Maritime. Etude de Droit International, 
 Brussels, 1881; iu chapter viii. of this valuable essay we find a very 
 
126] THE PHILOSOPHY OF CIVILIZATION. [73. 
 
 All barbaric practices in war are the result of the mischiev- 
 ous assumption that war is a relation between individual mem- 
 bers of the belligerent States, and not simply a relation between 
 States only. 
 
 It is true that there are instances in which private citizens 
 have taken an active share in a war waged between their respec- 
 tive Governments, and many may sacrifice their fortune on the 
 altar of the common country .and give freely their life-blood in 
 its defence, thus contributing, at their own private risk, to the 
 success of their country's cause ; but can these single cases of 
 heroism and devotion be used as arguments to upset all principles 
 of Justice and Benevolence, or as motives to arrive at the con- 
 clusion that the war must be waged against every individual 
 member of the enemy State ? If this were so, there could be no 
 legal reason against admitting the belligerent right to murder 
 every single member of the enemy State, to plunder indiscrimin- 
 ately and to declare all that we can lay hand on, belonging to 
 our enemy, to be legal prize, and this in order to reduce the 
 whole enemy population, thus securing peace through the exter- 
 mination, or at least utter prostration, of the enemy. A doctrine 
 from which such conclusions could be derived is really intoler- 
 able. Its principal argument, that war will be the sooner 
 terminated if the enemy is mercilessly attacked in his home 
 industry, in his foreign trade and in every private interest of the 
 individual members of the enemy, has no reasonable ground. 
 All the wars which during this century have devastated Europe, 
 serve more or less to prove that general hatred and animosity on 
 the part of the mass of a people is invariably the natural result of 
 hardship unjustly inflicted on the private individuals, and that a 
 
 clear and instructive review of the different efforts made during the last 
 and the present centuries to establish the rules of maritime warfare, with 
 regard to the private property of the individuals of an enemy State, in con- 
 formity with the usages of war as waged on land. "La contradiction est 
 flageante," says the learned Judge of the Brussel Tribunal, " et il n'est pas 
 besoin de demontrer quo 1'etat actuel des choses reclame imperieusement 
 une reforms." (1. c, p. 134.) 
 
73.] THE PHILOSOPHY OF CIVILIZATION. [127 
 
 general desire to make peace is not brought about by cruel re- 
 prisals.* Truly, Goethe was inspired by his good genius when 
 he conceived it as characteristic of Mephistopheles to rejoice in 
 the doctrine that commerce was ever a fruitful source of war and 
 piracy. When tempting Faust by exhibiting before him the 
 glorious array of plunder which his piratical crafts had collected 
 through war waged against peaceable commerce, Mephistopheles 
 used, with a cleverness worthy of an evil spirit, the ingenious 
 expedient of placing the victim on the same level of morality oc- 
 cupied by its spoilers. " Krieg, Handel und Piraterie, dreieinig 
 sind sie, nicht zu trennen" is the doctrine of a Mephistopheles. 
 How often do we not find this Mephistopheles policy practiced, 
 under different forms, when plunder of the defenceless is 
 advocated. 
 
 But whence comes this desire, as unjustifiable as it is inef- 
 ficient, to plunder peaceable commerce ? For both parties are 
 unavoidable sufferers in the long run, for there exists in reality 
 no such thing as an exclusively enemy commerce amongst civiliz- 
 ed nations. f Are the merchants of the belligerent State the 
 most clamorous for war ? Are they the instigators to upset the 
 state of peace t which is the element of their existence? No, 
 certainly not. With the exception of individual speculators fond 
 of hazards, the body of the commercial population is naturally 
 adverse to war. But the politicians, backed by those who prefer 
 to fish in troubled water, the aggressive military party, and those 
 who are fattened by the plunder of commerce, through privateer- 
 ing, prize-money or lawyer-fees, they are the instigators of 
 war, for they alone have nothing to lose but all to gain, whether 
 in glory or in the shape of other more substantial acquisitions, 
 reaped by plunder, through the prize court or from the public 
 treasury. 
 
 * RAYNEVAL : Liv. III., Chap, v., 1. PORTALIP, LE PERE: Discours au conseildes 
 prises du 14 flor. an. VIII. MASSE : Le Droit Coram., etc., Vol. L, p. 221. 
 Lord PALMERSTON'S speech at Liverpool on the 7th November, 1856. 
 
 f MLASSE : L, p. 221. 
 
128] THE PHILOSOPHY OF CIVILIZATION. [73. 
 
 Is it then to be wondered at, that at the present stage of 
 development reached by the European International Spirit of 
 Law, which has worked already such marked progress in the 
 manner of waging war, that we still find the capturing of private 
 property on the high seas an acknowledged usage of war? The 
 cause of the persistency of this usage oi: war is to be looked for, 
 not so much in the exigencies of war (Kriegsraison) as in the 
 tenacity of national prejudice fostered by individual selfishness. 
 
 Dr. Woolsey says, " There has long been a difference be- 
 tween the treatment of enemy property including in this term the 
 property of individual subjects of the hostile State, on land and 
 on the sea, or more generally between such as falls within the 
 power of invading armies, and such on the sea and along the 
 coast as falls within the power of armed vessels. The former is 
 to a certain extent protected. The latter, owing to the jealous 
 feelings of commercial rivalship, hardened into a system by 
 Admiralty Courts, has been extensively regarded as lawful prey."* 
 
 Make commerce as free in times of war as is possibly consis- 
 tent with the actual means of defence and with an effective 
 carrying on of the war, abolish completely the ignominious sys- 
 tems of booty and prizes, as not' worthy a place in the procedure 
 of modern civilization, lop the excrescences of aggression from 
 the noble stem of National Defence, you will then have cut off 
 the main stays of the instigators of war ; and the object of war, 
 which is peace, will be more speedily accomplished. 
 
 Attack the arch-instigators of war, and not the noble apos- 
 tles of peace, who, as your own conscience ever tells you, are 
 leaders on the right road to true civilization, such as the human 
 Moral Senses indicate, though they be, perhaps, too far in advance 
 of the present generation to serve as practical guides. 
 
 When narrow minded jealousy, aroused by the enemy's pro- 
 gress in commerce -which has been the only cause of so many 
 maritime wars of the last century, and is not less threatening in 
 
 * WOOLSEY : Edit. 1879, p. 207. 
 
74.] THE PHILOSOPHY OF CIVILIZATION. [129 
 
 our days has no chance of enforcing its malevolence ; when the 
 military creed is purified from notions of aggression ; when prize- 
 money is no more to be easily pocketed as the reward for the 
 hunting down of defenceless merchant vessels on the high seas, 
 and lawyers desert the prize courts you will be nearer to peace 
 than ever Nations were in the golden age of plunder, general 
 reprisals and privateers, enhanced by prize-court lustration.* 
 
 74. When the facts are clearly established, it yet remains 
 the moral duty as well as sound policy in the case of every State 
 to try to settle differences in a peaceable manner before resorting 
 to the decision of arms. 
 
 The means for peaceable settlements are : 1st, Amicable 
 arrangement or compromise between the two interested parties, 
 without the direct or open interference of any other Government. 
 2nd, Mediation or arbitration which takes place through the 
 good offices of one or more friendly Powers, to which may be 
 added Conferences or Congresses on general political questions. 
 
 The solution of international questions through amicable 
 arrangement or compromise may in some cases be a mere pallia- 
 tive postponing open rupture and war, as the main question is 
 then often left undecided, yet the peace is preserved, though it 
 be only for the moment, and at all events it is a marked proof of 
 the spirit of moderation and of good faith which prevails in the 
 respective counsels of the parties interested. f 
 
 The difference between an amicable arrangement and a 
 compromise consists in this, that the former indicates the settle- 
 ment of the dispute by a mutual agreement to abandon the 
 question, while a compromise implies an understanding arrived 
 at, on some definite object of contention, by mutual concessions 
 
 * The Usages of War with regard to the seizure of the enemy's private property 
 on the high seas are extensively treated in chapters xxxii. and xxxiii. of 
 my Manual of International Law, Edit. 1884, Vol. II., pp. 308-387. From 
 this "Manual" several passages, with regard to the principles of Interna- 
 tional Law, have been taken over in the present work. 
 
 f CALVO: Le Droit Intern.., Vol. I., Edition 1870, 661, p. 785. HEFFTER: Droit 
 Intern.) Trad. Bergaon, 107. 
 
130] THE PHILOSOPHY OF CIVILIZATION. [74. 
 
 in the same sense as in a case in civil law. Thus a compromise 
 partakes also of the nature of an amicable arrangement, but an 
 amicable arrangement is not necessarily a compromise. For the 
 amicable arrangement of disputes between Nations, a settlement 
 by negotiation or compromise is not always involved or necessary. 
 
 " Amicable arrangement or accommodation/' says Halleck, 
 "is where each party candidly examines the subject of dispute, 
 with a sincere desire to preserve peace, by doing full justice to 
 the other. In such cases, all doubtful points of etiquette will be 
 yielded, and all uncertain and imaginary rights will be volun- 
 tarily renounced, in order to effect an amicable adjustment of 
 differences. If no compromise of the right in dispute can be 
 effected, the question will be avoided by the substitution of some 
 other arrangement which may be mutually satisfactory. Such 
 conduct is worthy of great and magnanimous Nations ; weaker 
 States seldom act with so much moderation. An example of 
 amicable accommodation is found in the adjustment, by the treaty 
 of Washington, in 1842, of the differences between the United 
 States and Great Britain, with respect to the right claimed by 
 the latter to visit the vessels of the former in search of slavers on 
 the coast of Africa. 
 
 " Compromise is where the two parties, without attempting to 
 decide upon the justice of their conflicting pretensions, agree to 
 recede on both sides, and either to divide the thing in dispute, or 
 to indemnify the claimant who surrenders his share to the other. 
 For examples of compromise we may refer to the negotiations 
 terminating in the treaty of 1842, by which the Maine boundary 
 question was satisfactorily adjusted, and to the negotiations ter- 
 minating in the treaty of 1846, by which the Oregon difficulty 
 was formally disposed of. Accommodation is a peculiar kind of 
 compromise, and has, therefore, been deemed by some to be 
 improperly classed as a distinct measure." * 
 
 * U. S. Statutes at Large, Vol. VIII., p. 582, etc. HALLKCK, Vol. I., p. 414. 
 
75.] THE PHILOSOPHY OF CIVILIZATION. [131 
 
 75. Judgment not being admissible when independent 
 States are litigants, other modes of terminating disputes between 
 Nations must be resorted to, whether by peaceable measures, 
 taken via amicabili, or by forcible measures, viafacta. To come 
 to a solution of the question by the first mode of procedure, the 
 disposition and full consent of both parties to a peaceable settle- 
 ment are indispensable, while forcible measures to decide the 
 contest via facia, are invariably resorted to against the declared 
 wish of both actors, at least such as can be drawn from diplomatic 
 notes, manifests and proclamations, which are cast about at the 
 approach of war like dry leaves before the storm wind. And yet 
 with all this loudly proclaimed wish to maintain the blessing of 
 peace, we have to witness throughout the history of civilization 
 the strange fact that amicable arrangements of international 
 disputes are but seldom preferred to war. (Comp. 63). 
 
 The main cause of such an abnormal state of the Spirit of 
 Law is that the mutual consent to an arrangement, should it 
 have any effect at all, must be sincere, and necessarily entails 
 moral restraint and probably some material sacrifice. Besides, to 
 rush into war with an equal antagonist is a sensation agreeable 
 to inflated imagination when this fruitful source of evil is foster- 
 ing the passionate brutish propensities of certain parties in the 
 state, while, in the case of forcing a weaker State, against its 
 interest, into war, it is found easier to keep timid Conscience aloof 
 and to damp the weak voice of Sympathy, than to sacrifice some 
 material interest on the altar of Justice and Benevolence (20). 
 
 At the Congress of Paris, in 1856, the following recommen- 
 dation was passed by the representatives of the Powers there 
 treating for peace. " The plenipotentiaries do not hesitate to 
 express, in the name of their Governments, the wish that States, 
 between which a serious disagreement should arise, would, before 
 appealing to arms, have recourse, as far as circumstances admit, 
 to the good offices of friendly Powers." That this safe recom- 
 mendation has not been followed during the differences which led 
 
132] THE PHILOSOPHY OF CIVILIZATION. [?5. 
 
 to the recent wars in Europe might be explained by the fore- 
 going observations. 
 
 The different modes of adjusting international disputes via 
 amicabili have been variously enumerated by text writers on 
 International Law. Besides the mutual arrangement between 
 parties in direct dealing, as noted in the preceding section under 
 the heads of amicable arrangement or accommodation, and nego- 
 tiation or compromise, there are the various processes of media- 
 tion, arbitration and conferences, in which the good offices of 
 third parties are invoked. 
 
 Mediation may be solicited or offered. When offered by a 
 third party, it includes not seldom, in disguise, a threat of 
 intervention, the intervenor offering his good services for the 
 purposes of an accommodation which would suit his own indi- 
 vidual interests. 
 
 When mediation is asked by parties, it takes the form of 
 arbitration. 
 
 When real and impartial reconciliation is intended, the 
 mediator submits his impartial propositions, calculated to enable 
 the contending parties to arrive at an accommodation, which he 
 simply offers, leaving the parties entirely free with regard to 
 their acceptance or not. 
 
 "Le devoir du mediateur," says Yatte], " en interposant ses 
 bons offices pour engager les parties a s'entendre, est de garder 
 une exacte impartialite ; il doit adoucir les reproches, calmer les 
 ressentiments, rapprocher les esprits. Son devoir est de favoriser 
 le bon droit, de faire rendre a chacun ce qui lui appartient ; mais 
 il ne doit point insister scrupuleusement sur une justice rigour- 
 euse. II est conciliateur et non pas juge : sa vocation est de 
 procurer la paix, et il doit porter celui qui a le droit de son cote 
 & relacher quelque chose, s'il est necessaire, dans la vue d'un si 
 grand bien." * 
 
 * VATTEL : Le Droit des Gens, Liv. II., Chapter xviii., 
 
76.] THE PHILOSOPHY OF CIVILIZATION. [133 
 
 Arbitration is the solemn settlement of a dispute, when two 
 States, by common consent, refer the questions in dispute to the 
 decision of a third party, on the condition that they will abide by 
 his decision. Generally the scope and conditions of the reference 
 are settled by special understanding. Mediation and arbitration 
 are closely connected, but with this difference, that the former 
 resembles more the above mentioned amicable arrangement 
 between parties, and the other takes the form of compromise. In 
 the case of mediation, parties retain their complete liberty to 
 accept the proposed arrangement or not, while in the case of 
 arbitration, parties having, beforehand, submitted themselves to 
 the decision of the arbitrator, the award must be for them the 
 rule of conduct, barring, of course, judgments which are mani- 
 festly contrary to equitable justice, i.e.. Justice with Benevolence 
 combined, and thus, per se, repudiated by common sense. 
 IY. INTERNAL SOCIAL LIFE. THE CO-EXISTENCE 
 OF INDIVIDUALS. 
 
 76. The agent of evolution in the theory of the struggle 
 for existence and survival of the fittest is, in the animal world, 
 physical force prompted by the instinct of material self-preserva- 
 tion, while the motor of evolution of the human mind, and 
 through this of the social progress called civilization, consists in 
 the strife of the moral senses with the lower selfish nature of 
 animal propensities (39). 
 
 With regard to the animal world, the process is thus de- 
 scribed by Mr. Herbert Spencer. " Their carnivorous enemies not 
 only remove from herbivorous herds individuals past their prime, 
 but also weed out the sickly, the malformed, and the least fleet 
 and powerful. By the aid of which purifying process, as well as 
 by the fighting so universal in the pairing season, all vitiation of 
 the race, through the multiplication of its inferior samples, is 
 prevented, and the maintenance of a constitution completely 
 adapted to surrounding conditions, and therefore most productive 
 of happiness, is insured." 
 
134] THE PHILOSOPHY OF CIVILIZATION. [76. 
 
 Such are the agents conducive to animal happiness, i.e., the 
 happiness of living creatures without moral senses and conscious- 
 ness, and whose only end is the unconscious following of their 
 selfish instinct. This is also the case with regard to men with 
 whom the moral senses are yet dormant or temporarily overruled 
 by animal appetites. These latter, though endowed with moral 
 senses, yet often appeal to the animal rule of "might is right" in 
 order to stifle their conscience and sympathy, for the better ac- 
 commodation of their selfish animal propensities, which prompt 
 them to shoulder aside a physically or intellectually weaker, 
 though morally far superior, fellow-creature. Like the savage 
 of Helvetius, thus they moralize to those on whom they prey. 
 " Look up to the skies and you see the eagle swooping down on the 
 dove ; cast your eyes on the earth and you see the lion tearing to 
 pieces the stag or the antelope ; while in the depths of the ocean 
 small fishes are destroyed by sharks. The old and weak lions or 
 sharks are in their turn despoiled of food by their own stronger 
 species and left to die, and their dead bodies are devoured by the 
 weakest of living creatures, which are then the stronger in their 
 turn. The whole of nature announces that the weak and the 
 powerless must be the prey of the strong. Strength is a gift of 
 the gods. Through it I become possessor of all it is in my power 
 to capture !" 
 
 But can animal physical strength, deified by the materialistic 
 dogma " might is right," be the natural agent through which 
 our social condition of intellectual and moral as well as physical 
 development must be maintained ? If not, what have we then 
 to do in sociology with the Darwinian law of "natural selection/' 
 or with Mr. Herbert Spencer's philosophy of the " survival of the 
 fittest." And if so, what place is the moral element to take in 
 the agency of evolution in these theories ? It would certainly 
 be doing great injustice to the philosophy of men like Prof. 
 Darwin, Mr. Herbert Spencer, Haeckel, or any evolutionist phi- 
 losopher of the present age, to imply that they simply ignore the 
 
76.] THE PHILOSOPHY OF CIVILIZATION. [135 
 
 moral element in the human mind, or that they would seriously 
 propose to explain the development of our present social order by 
 the raw, primitive method of natural selection through survival of 
 the fittest after material contest. This may stand good for the 
 solution of the problem of perpetuating animal species, but has 
 no real sense when applied to the evolution of the human mind. 
 The fact is that as these theories deal only with the material 
 instinct of man, they fall short of his moral nature. The sharp 
 distinction between the instinct of the brute, in its struggle for 
 existence, and the human mental organism, evolving into social 
 organization, is manifested even in the lowest human strata of 
 the wildest known savage tribes. With the germ of social order, 
 though scarcely budding in the barren soil of a purely material 
 yet human nature, there is, though dimly shining through the 
 mist of animal propensities, yet perceptible the glimmering light 
 of a higher mental organism with its dormant moral senses to be 
 quickened into life by the first intuition of the moral senses when 
 these are awakened by suitable surroundings. Then, indeed, a 
 struggle for existence sets in, but a struggle of widely different 
 nature from that constituting the agency of evolution in the 
 animal world for it is a struggle of the animal propensities of 
 man against the activity of his moral senses, which prompt to 
 higher motives than that of material self-interest. 
 
 Mr. Herbert Spencer says that, in his view, " the struggle 
 for existence as carried on in society, and the greater multiplica- 
 tion of those best fitted for the struggle, must be subject to 
 rigorous limitations." * But if the law of natural selection 
 through the survival of the fittest be really the law of nature, 
 according to which the development of the human race in social 
 order takes place, then there can be, scientifically, no restriction 
 suggested to modify its operation, except through natural con- 
 ditions forming a new law of nature. No artificial conditions can 
 be framed under which and sine qua non the natural process 
 
 * "A Rejoinder to Mr, de Laveleye," Contemporary Review, 1885, p. 515. 
 
136] THE PHILOSOPHY OF CIVILIZATION. [76. 
 
 of elimination of the unfit should be allowed to operate ; no legis- 
 lative power can be scientifically postulated to stem the current of 
 natural events forming a law of nature. If the law is not wholly 
 applicable in its principles, in all circumstances, its default, in 
 any case where its wings are to be clipped and its forces limited 
 to suit actually existing conditions, proves the inadequacy of the 
 theory to serve as an explanation of the working of natural agents. 
 It must, then, be rejected, or, if in reality limitations to such a 
 law are apparent, then these limitations prove that there exists 
 another counteracting natural force, whose effect is manifested by 
 these limitations. 
 
 Now, that Societies, as aggregates of human beings, are con- 
 ditioned by natural events is manifestly true, but by those events, 
 principally, which constitute the law of the Moral-Mental 
 Organism, where the moral element is primordial factor. But, 
 as the human faculties are of two-fold conditions, viz., physical 
 and moral, corresponding with the physical and moral senses, the 
 conditions under which the social organism develops are likewise 
 of two-fold nature, viz., the material conditions, causing the 
 struggle for existence and survival of the materially fittest 
 which is the law of man's physico-mental organism, i.e., of man 
 as species, in the lowest human strata and the moral conditions, 
 which consist in proportion to the development of the moral 
 senses. These moral conditions, caused by the . moral Senses 
 Conscience and Sympathy (15) called the law of man's Moral- 
 Mental Organism or the Moral Law of Nature form the limita- 
 tions of the material law of natural selection in the social organism, 
 by checking the animal propensities in the human nature (5). 
 
 Here the struggle for existence is the strife between the 
 animal passions, i.e., the selfish inclinations of the material nature 
 of man, and the higher moral element of his mind. Here natural 
 selection does not exist in the " survival of the fittest," of those 
 who possess the greatest physical strength or the mightiest ma- 
 terial influence, but among those of the most morally as well as 
 
77.] THE PHILOSOPHY OF CIVILIZATION. [137 
 
 most intellectually developed human beings who are as such, and 
 as such only, the fittest for the requirements of civilized social life. 
 These are not the industrially superior, who, through purely 
 material propensities, favoured by suitable surroundings, i.e., 
 accumulated capital, protection, land properties, etc., get advant- 
 age over the weaker in physical energy, or the poorer in suitable 
 surroundings, and settle by themselves the question of civiliza- 
 tion in the same way as the most ferocious animal species would 
 undoubtedly get the upper hand and infest the world, were it not 
 for the superior power of man, not superior, indeed, through 
 greater physical strength and ferocity, but through the intellec- 
 tual and moral faculties of his mind. 
 
 Thus, limitations are placed on material predominance by the 
 moral senses of the normally developed human mind. Only by 
 bringing into account this counteracting moral element of human 
 nature, it is possible to apply the Spencerian or Darwinian theory 
 of the survival of the fittest as the law of human society. 
 Mr. Herbert Spencer could not have meant any other limitation, 
 for the natural development of the moral-mental organism, 
 with its moral senses, constitutes the only valid opposing force 
 against the brutish propensities which cause the struggle for 
 existence as taught by the "natural selection" theory. The 
 bridle postulated by Mr. Herbert Spencer on the natural animal 
 appetites, in the process of the struggle for existence, is the 
 manifestation of a recognition of the Moral Element in Nature 
 (32) operating ou the moral senses of the miuds composing 
 the society. 
 
 77. In his rejoinder to Mr. de Laveleye, quoted before, 
 Mr. Herbert Spencer says the following : 
 
 " If there needs proof that, in my view, the struggle for 
 existence, as carried on in society, and the greater multiplication 
 of those best fitted for the struggle, must be subject to rigorous 
 limitations, I may quote as sufficient proof a passage from the 
 Data of Ethics, premising that the word co-operation, used in 
 
138] THE PHILOSOPHY OF CIVILIZATION. [77. 
 
 it, must be understood in its widest sense, as comprehending all 
 those combined activities by which citizens carry on social life." 
 
 This passage reads thus : 
 
 " The leading traits of a code under which complete living 
 through voluntary co-operation (here antithetically opposed to 
 compulsory co-operation, characterizing the militant type of 
 society) is secured, may be simply stated.* The fundamental re- 
 quirement is that the life-sustaining actions of each shall severally 
 bring him the amounts and kinds of advantage naturally achieved 
 by them ; and this implies, firstly, that he shall suffer no direct 
 aggressions on his person or property ; and, secondly, that he shall 
 suffer no indirect aggressions by breach of contract. Observance 
 of these negative conditions to voluntary co-operation having 
 facilitated life to the greatest extent by exchange of services 
 under agreement, life is to be further facilitated by exchange of 
 services beyond agreement ; the highest life being reached only 
 when, besides helping to complete one another's lives by special 
 reciprocities of aid, men otherwise help to complete one another's 
 lives." 
 
 " It will be observed," says Mr. Herbert Spencer further, 
 " that in this passage are specified two sets of conditions, by con- 
 forming to which men living together may achieve the greatest 
 happiness.f 
 
 * It must be remembered here that Mr. Herbert Spencer distinguishes two 
 types of social elements, the " militant" type, which he characterizes as the 
 regime of status, i.e., compulsory co-operation, and the "industrial" type, 
 characterized by the regime of contract, i.e., the voluntary co-operation. 
 The militant type, which was in ancient society the predominant social 
 organization, is now, in the present state of civilization, represented only by 
 the standing armies, in so far as these are composed of conscripts, in which 
 each unit must fulfil compulsory duties under pain of death, and receives, in 
 exchange for his services (materially viewed) stipulated wages, food and 
 clothing; this is the regime of status or law. The industrial type is 
 formed by the voluntary co-operation of workers, who agree freely to ex- 
 change specified services at a given price, and are at liberty to separate at 
 will ; this is the regime of free contract. Through progress of civilization 
 and its reforms, based on Justice and Benevolence, the ancient "militant" 
 state of society has gradually given way for the industrial regime of contract, 
 " The State versus Han." 
 
 t " A Rejoinder to Mr. de Laveleye," Contemporary Review, April, 1885, p. 615. 
 
77.] THE PHILOSOPHY OP CIVILIZATION. 
 
 If we analyze the above quoted propositions, we find that of 
 these two sets of conditions for the attainments of social life 
 under voluntary co-operation, the first set requires that the life- 
 sustaining actions of each individual shall be fully guaranteed to 
 him, so that he shall suffer aggressions neither in person nor 
 property, nor in his rights obtained by free contracts. The 
 guarantee of the material existence of each is thus in human 
 societies attained through Justice expunging every tincture of 
 the idea of " might is right." This is the work of the moral 
 sense of Conscience, which as the human mind is the agent of 
 social evolution replaces the brutish instinct of self-preservation 
 through physical force. But the morally constituted human 
 mind acts under the influence of Benevolence as well as of Justice, 
 when protecting the weak against the aggression of the stronger, 
 so that both the moral senses Conscience and Sympathy, equally 
 and combined, form the agency of civilization, i.e., to achieve the 
 greatest happiness in social life.* This is proved by the second 
 set of conditions of Mr. Spencer's above quoted rule of life, for 
 here we find that, besides the guarantee of life, property and 
 rights, these mere life-sustaining actions should be supplemented 
 by mutual exchange of gratuitous services outside of agreement, 
 which actions Mr. Herbert Spencer qualifies as " generosity," but 
 which we call by the wider, comprehensive term Benevolence. But, 
 says Mr. Herbert Spencer, the highest life is reached only " when, 
 besides helping to complete one another's lives by specified reci- 
 procity of aid (agreement), men otherwise help to complete one 
 another's lives " (beyond agreement). Thus, while Benevolence, 
 of which generosity is an effect, is exercised by the State in its 
 attributes of distributing Justice not merciless justice alone, but 
 
 * "The root of all the altruistic sentiments is sympathy; and sympathy could 
 become dominant only when the mode of life, instead of being one that 
 habitually inflicted direct pain, became one which conferred direct and 
 indirect benefits ; the pains inflicted being mainly incidental and indirect. 
 Adam Smith (Theory of Moral Sentiments) made a large step toward this 
 truth when he recognized sympathy as giving rise to these superior 
 controlling emotions." HERBERT SPENCER : Morals and Moral Sentiments. 
 (" Essays Speculative and Practical," p. 32). 
 
140] THE PHILOSOPHY OF CIVILIZATION. 
 
 justice with reasonable mercy combined, generosity, which is 
 charity, remains the necessary requirement of social life among the 
 private individuals composing the state. By this it is obvious 
 that both sets of conditions, " by conforming to which men living 
 together may achieve the greatest happiness/' must be traced to 
 the moral senses above named. This is the natural consequence 
 of the human mind being the agent of the Moral Element in 
 Nature as the motor of civilization (39). Thus, whether the 
 practice of benevolence in all its branches is or is ' not the 
 necessary attribute of the State, it is a truth clearly felt by human 
 consciousness, that the bringing into action of the moral sense of 
 sympathy is, at all times, indispensable for the attainment of the 
 highest life. And, if this be so ; that benevolence is a necessary 
 agent in the maintenance of our social order, then, where volun- 
 tary and unselfish mutual aid is lacking, the community, through 
 its government, should undertake to administer Charity as well 
 as Justice. Insuring to each citizen individual safety of person 
 and property is public justice. Securing to each the acquirement 
 of intellectual and moral training, and a fair chance in the struggle 
 against unjust arrangements of existing and unchangeable social 
 conditions, is public ^benevolence. The one is not less essential to 
 the common safety and welfare of the community than the other. 
 The one duty is not complete without the other. 
 
 The logic of the doctrinaires was sound as polished steel, but 
 want of expansive capacity made their theory snap at the first pres- 
 sure of the revolution. A reign of absolute justice, unqualified 
 by benevolence, if possible to exist any length of time, would dry 
 out the vital sap of society, while a reign of benevolence without 
 the rectifying element of justice, would lead alike to dissolution. 
 Justice is the framework of the State, Benevolence its generous 
 expansiveness. The wholesome state is that in which justice and 
 benevolence are combined in the actions of Government and Le- 
 gislative Body, which, aware of the duties of their regulating as 
 well as controlling, preventive as well as repressive, " positive- 
 
77.] THE PHILOSOPHY OF CIVILIZATION. [141 
 
 regulative " as well as " negative-regulative," functions, will fair- 
 ly guide State's interference in the right channel, provided they 
 can emancipate themselves from abstract theories, impracticable 
 under existing social conditions, and follow unbiased and sincerely 
 the dictates of conscience and sympathy, applied through common 
 sense, which is the logic of reason and feeling combined (34). 
 
 If the doctrine of the survival of the fittest be construed for 
 social application as the survival of mere industrial superiority, it 
 must mean the struggle between capitalists and laborers, as well 
 as between empty-handed laborers mutually ; for the struggle for 
 existence as carried on in society is open to all^ without distinc- 
 tion between physical and financial strengths ; and as no limita- 
 tion whatever can be allowed on this score by Mr. Herbert 
 Spencer's system of ."negatively-regulative" state-action, it is 
 obvious that citizens who have like claims to carry on their 
 activity, but are totally deprived of the financial strength, find 
 no protection whatever in this negative kind of state-action, 
 which is positive state-inaction, and may, from their stand-point, 
 as well be called state-injustice. 
 
 Unfortunately, social chances are not the same for all, even 
 when equally morally and intellectually developed. As long as 
 this is not the case, and this inequality of chances is due to un- 
 just social . arrangements, brought to light by a progressing 
 civilization, it is simply justice to diminish the suffering of those 
 unfortunate and inferior citizens who are neither idle nor vicious, 
 and owe their misery to the abnormal arrangements of society. 
 Where such unjust social conditions cannot be radically rectified, 
 there state-action must help to produce organized arrangements 
 which can tend to mitigate the mischiefs caused by the chronic 
 abnormal form of society, developed from former unnatural 
 " militant" types. This is State-Benevolence, the indispensable 
 requirement of social life in its corporate capacity, which gives 
 vitalizing, expansive power to the iron doctrinaire cuirass of the 
 negatively regulating State-Justice. Indispensable, indeed, espec- 
 
J42] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 ially in our present social conditions, in order to regain, as near as 
 possible, by counterbalancing chronic injustice, the normal equili- 
 brium, and thus avoiding the threatening catastrophe of a social 
 revolution, which will then in reality establish " new injustices for 
 the purpose of mitigating mischiefs produced by old injustices." 
 
 This is the state-benevolence, the state-interference, which 
 is styled 8 fate or Scientific Socialism, an unwelcome sound to the 
 doctrinaire ear, but surely the only corrective to recover the 
 equilibrium in disturbed social conditions. Positive State-action, 
 when based on genuine Benevolence with Justice combined, is 
 the natural counteraction to those destructive agents of society 
 called Communism &T\(\. Anarchism, and other theories of social dis- 
 solution. These, fostered by the coercive logic of State-inaction, 
 the negatively acting doctrine of State-justice without sympathy, 
 are destructive indeed, as they work from within, threatening to 
 burst through those iron-manacled boundaries, void of generous 
 expansiveness, which are the desperate imitations of the dethroned 
 " militant " type of ancient society, tending toward barbarism, 
 after having drowned the last vestige of civilization in the flood 
 of social dissolution. 
 
 Justice alone is not sufficient to secure happiness, as true 
 happiness is understood and felt by every moral being, whose 
 moral senses shape his motive of action (17) ; it is justice and 
 benevolence combined which constitute virtue, and virtue is the 
 basis of civilization. The end of social life is individual happiness, 
 combined with the greatest happiness of the greatest number. 
 This end is the guiding star of State-action (52). 
 
 78. Socialism versus Communism. Civilization is young 
 in comparison with the vast career the human race has before it. 
 Sociology has yet grave problems to solve before the natural 
 evolution process of the moral senses has completed the devel- 
 opment of the human mind. 
 
 Sociological theories for social reform are manifold, but 
 one and all, when they find their source in the science of 
 
78.] THE PHILOSOPHY OP CIVILIZATION. [143 
 
 political economy, are based only on the material element of 
 civilization. 
 
 After the peaceful theories which found their experiments 
 and failures in the well-known socialistic schemes of the Owen- 
 ites, the Simonians, Fourierists, Iscarians and other one-sided 
 artificial forms of philanthropic communism, followed the Social' 
 ism of the present transitional period of society, in a completer 
 aspect and with defined programme. Socialism distinctly differs 
 from that economico-revolutionary movement, with widespread 
 and vigorous propaganda, called Communism, whose tendency, 
 is to effect a social regeneration without keeping account with 
 the complexity of the social organism, as developed from the 
 human organism. Communism is division of wealth with or 
 without division of work ; " to take from the worthy the things 
 they have laboured for, in order to give the unworthy the things 
 they have not earned." Its doctrine tends to the absolute re- 
 construction of society, on the principle of division of wealth ; to 
 be achieved either by mastering the Government or by anarchy 
 and terrorism. This serious occurrence in the social evolution 
 process is brought forward by the process of civilization, of 
 which it is a preternatural product. Like all abnormal protu- 
 berances and excrescences, it saps the main stem of the social 
 organism, which it reduces to a morbid condition. 
 
 The term Socialism is as ambiguous a word as ever used 
 in economical, mental or moral philosophy ; for every altruistic 
 system may be called socialistic, and all religious and social 
 movements, intended to benefit humanity in general. The 
 labours of all great minded philanthropic philosophers from 
 Plato to Herbert Spencer as well as any act of government or 
 legislature, carried out with a view to the controlling of social 
 abnormalities, by suppressing crimes and modifying anti-social 
 egoistic actions, together with the maintaining of the altruistic 
 course of society by the founding of benevolent institutions and 
 public education, in fact, allmsasjuce^. moral as well as material, 
 
144] THE PHILOSOPHY O* CIVILIZATION. [78. 
 
 which confer general benefit on all members of the society in an 
 equitable manner, i.e., with justice and benevolence combined, 
 are objects of State or Scientific Socialism (77). 
 
 By this it is obvious, that State or Scientific Socialism does 
 not mean State-patronage, to be administered at the expense 
 of the State, or by the plunder of capitalists, which is the 
 communistic principle, but simply means the regulating, on 
 scientific bases, of sociological questions, by legislation, through 
 the natural organs of the State. Socialism is distinct from 
 communism, as it causes no disturbance in society, for it touch- 
 es no man's fortune ; it seeks no plunder of the rich to foster 
 poverty, by unproductive, ill-gotten help ; it enters into no 
 secret associations which endanger the State's organism, but 
 openly advocates legal State-actions, organized on sociological 
 bases, in harmony with all the functions of the State's govern- 
 ment. Its promoters and leaders are no demagogues who, from 
 factious motives, seek to stir up and influence the people 
 against their natural rulers ; neither is socialism an indolence- 
 creating, materialistic self-insurance association, as it breaks 
 no faith with the industrious, the intellectual or the moral 
 elements of society. It does not affect the functions of a special 
 providence for the working man, for it is simply a rational 
 speculation on the physical, mental and moral capacities of 
 man, aiming not only at the material but equally at the intel- 
 lectual and moral development of society. 
 
 Political Liberty. We have noted above (57) how, through 
 selfish political aspirations, despotic governments, on one side, 
 and revolutionary political parties, on the other hand, are 
 constantly disturbing the equilibrium which the natural social 
 evolution process is ever inclined to establish. The moral 
 nature of the representative form of government ever manifests 
 itself in its influence on the development of the popular con- 
 science. When the representation of the people is judiciously 
 constructed, as demonstrated in 54 and 55, it represents 
 
78.] THE PHILOSOPHY OF CIVILIZATION. 
 
 the popular conscience, and thus indicates the means for the. 
 re-establishment of the disturbed equilibrium between the dif- 
 ferent social classes and political parties of the State. But the 
 popular conscience depends on the individual minds of which 
 it is constituted ; individual culture, intellectual and moral, hav- 
 ing direct effect on social conditions, are moulding the State, 
 and, reciprocally, the policy of the Government of the State 
 reacts on the development of the people in general, i.e., on the 
 forming of the popular conscience, which, when moving the re- 
 presentative or legislative body, is called the Spirit of Law (33). 
 
 For this reciprocity of influence, which is necessary for the 
 normal growth of the social organism, freedom of action is in- 
 dispensable, that is, exemption from all restraint which might 
 emanate from any arbitrary agency, strange to the internal 
 process of social development. 
 
 These are the principles of social political liberty, but 
 political liberty, like the free-will of the human mind, may 
 produce many social evils, and when not under control and 
 checked by the moral senses, it fosters abnormal social 
 conditions which, as stated above, create communism, anarchism 
 and other theories, which, deviating from the natural end of 
 society, tend to social decomposition. Thus liberty is not abso- 
 lute but conditional, as it is a destructive as well as constructive 
 agency of the Natural- Constitutional State's organism, for 
 although political liberty be indispensable for the normal 
 development of society, it may, at any time, through retrogres- 
 sion of the moral element, become the germ of dissolution to 
 any society in which the equilibrium of the elements of the 
 State is not properly maintained, and thus not in a healthy 
 condition, suitable for expansion, in conformity with the growth 
 of public opinion. In such a State, liberty is the source of re- 
 volution, engendered through the distrust which exists between 
 the wealthy and the labouring classes of the society ; as the 
 latter, despairing of remedial measures, seeks to overthrow 
 
146] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 private property in the exaggeration of their griefs. Thus the nat- 
 ural development of society is often retarded, and the most solid- 
 looking social system, the work of ages, threatened with dissolu- 
 tion on one side through the despotism of the government, 
 and, on the other, by the abuse of political liberty. To control 
 this danger a regulative power is necessary, and this is the 
 expansive power of society, called State-Socialism which we 
 have endeavoured to place in its proper light (77). 
 
 Equality. The social organism of the natural-constitu- 
 tional form of government, with its system of free emulation 
 and competition open to the moral and intellectual powers of all 
 and every individual member of the community, of labour as 
 well as capital, is the result of a natural evolution process, 
 carried on through ages. 
 
 If the communistic " equality" were to be realized, 
 emulation, i.e., free competition, must necessarily be sup- 
 pressed. But emulation, that manly strife to equal or excel 
 the examples of others, by fair means, i.e., in conformity with 
 conscience and sympathy, is the natural agency of civilization; 
 its developing influence is marked by the slow but surely con- 
 structive power of the social-evolution process. When upset- 
 ing this, anarchy sets in, which will bar all further progress or 
 amelioration, by degenerating the elements of civilization. The 
 natural result would be the thrusting back of society to the 
 lowest social stage, bordering on the primitive savage condition 
 of life. 
 
 Those who fancy their political party to be able to re- 
 construct society by sudden changes, to fit a model of their 
 own imagination, attack Nature's work, to place on the ruins 
 of society their artificial construction, which, . having not the 
 vital power of an organism grown from natural evolution, is 
 easily swept away by the destructive waves of human passions. 
 All sudden social revolutions can be traced in history by the 
 bloody track of social retrogression. 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [147 
 
 The Co-ordination of Labour and Capital. At this junc- 
 ture we arrive at the contemplation of the labour problem, i.e., 
 the relation between labour and capital, the great social question 
 of the present generation and for many yet to come. 
 
 The normal relation between Labour and Capital is that 
 of joint enterprise on equitable conditions, the first condition 
 being the securing of the rights of each by eradicating the 
 wrongs of both, and, consequently, the fixing on a system of 
 enterprise through which, without infringing on right of prop- 
 erty, labour will receive its due reward. 
 
 Many systems have been proposed but failed to satisfy 
 the equitable mind, as being one-sided and entangling 
 the problem, by treating questions only indirectly related to 
 labour and capital; they inclined either to the communistic 
 view, i.e., to question "why few are in opulence and many 
 are poor," or, on the other hand, losing sight of the 
 personality of the labourer, they treat human activity, i.e., his 
 physical energy, as an article subjected to the trade law of 
 demand and supply. 
 
 As to the communistic view of the labour question, which, 
 in fact has more to do about how to pull down capital than how 
 to elevate labour, we have already disposed of by the above pro- 
 posed definition and qualification of communism itself (page 143). 
 With regard to the opposite view, the sale and purchase of hu- 
 man labour, which is the theory of orthodox Political Economy, 
 we must say a few words here. 
 
 That this theory of classifying human labour is inconsistent 
 with the nature of the social organism, as an aggregate of moral 
 beings, is- obvious, for labour, physical as well as intellectual, is 
 a living element of this organism, and one of the active agencies 
 of its natural evolution process. It is a cause, not an effect ; a 
 producer, not a product. As such it stands outside the sphere 
 of market quotations, for labour, the physical and intellectual 
 energies of man, cannot be separated from the individual j 
 
148] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 and the individual, being the producer, cannot at the same time 
 be the product; hence the absurdity of classifying human activities, 
 under the name of labour, with commodities which can be used 
 or let alone at convenience, and the necessary failure of all 
 systems based on this assumption. 
 
 This is abundantly proved by practical experience. In a 
 contract of sale, parties are not further implicated than the 
 material value of the commodities, bartered for, actually amounts 
 to ; the result being simply a more or less pecuniary gain or loss. 
 Not so in the case of a labour contract ; the personality of the 
 labourer is here the principal object ; the price of his labour is 
 for the loan of his physical strength and intellectual skill, which 
 compose his only capital, from the interest of which he must live 
 and support and educate his family at the standard of a civilized 
 society, just as the capitalist must live on the interest of his money. 
 For production, capital and labour must co-operate, but with this 
 marked inequality oi power, that the money-capital requires no 
 outlay to exist, no life-expense, while the labour-capital, which 
 consists of the qualities of the human body, must be fed and 
 clothed ; of the first the interest is pure gain, while the other is 
 subject to an unavoidable and persistent reduction of the interest, 
 for life-sustaining expenses, before there can be any question of 
 gain. For this reason the interest of the labourer's capital 
 cannot be regulated by the market-value of production, but is 
 dependent on the standard of living, in conformity with the actual 
 conditions of civilization. The labourer's wage must keep equal 
 pace with the state of the social civilization under which he 
 lives ; hence the resentment of the labouring class of a civilized 
 community, at the introduction, for competition in their communi- 
 ty, of labourers of a lower standard of civilization and, consequent- 
 ly, lower standard of living, which make the competition unfair, as 
 the physical and moral wants of these latter are so much less 
 than those of the civilized labourers. The abolition of slavery- 
 the greatest socialistic measure of our age and the subsequent 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [149 
 
 working of estates on an improved basis, have proved the differ- 
 ence between civilized and uncivilized labour. 
 
 The Income Tax. Legal Interest. " If any would not work, 
 neither shall he eat" is the dictum of Christianity and of science 
 equally, i.e., for those who can but will not work. The correla- 
 tive to this law should be the rule that there shall be work for 
 those who can and will work. As to those who cannot work, by any 
 means, these are dealt with under the head of charity ; but those 
 who can and will work have the right to claim something more 
 than mere charity in a civilized community. Capital can some- 
 times exist and make gain without the help of labour, by investing 
 in government loans, where a small but sure interest is secured 
 without any exertion, while the labourer is left to starve. In this 
 case, government is procuring work for capital to the detriment 
 of labour; for this reason it is just that capital which is not 
 employed for industrial purposes, should be charged with an 
 income tax. On the same ground a legal interest a maximum 
 r ent for capital not used to promote social industry, should be 
 fixed by legislation, to prevent such capital being used in usuryi 
 to the detriment of industry. 
 
 Labour, intellect, and capital, form, as the producing 
 elements of the state, the factors of the material progress of 
 civilization. Capital which does not serve as a producing factor 
 should be made otherwise useful to the state through revenue 
 taxation. 
 
 Labour Legislation.- We have seen that manual labour is 
 comprehended as a living element in the social organism which, 
 with the other producing elements of society, viz., intellect 
 and capital, is an indispensable factor of civilization . The people 
 who, in the struggle for existence, apply the mosfc efficient 
 labour, i.e., labour on intellectual method, is the most progres- 
 sive in national welfare. If this be true, it follows that the 
 fostering of the physical and intellectual power of labour is a 
 state's duty. 
 
150] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 Political economists, often men who have grown opulent, 
 treat the subject of labour from a standpoint of guess rather 
 than experience, and, more familiar with opulence, the produc- 
 tion cf wealth is to them of supreme importance. How or why 
 such wealth, in the hands of few, might remain useless to 
 society, from a sociological point of view, is with their system 
 not a matter of consideration. But the knowledge of the man- 
 ner how to get rich does not teach the causes which keep the 
 masses poor ; and not to study the agencies by which the dis- 
 tribution of wealth is to be effected, or may be impeded, 
 among the labouring class, is criminal neglect on the part of 
 those who influence society. On the shoulders of the labouring 
 class falls the heaviest burden of depression in trade, and, con- 
 sequently, restricted industrial enterprises. When capital is 
 safely kept out of the storm, in government bonds and other 
 securities, the labourer keenly feels the brunt of want of credit 
 and malaise in trade. 
 
 He who must work with his physical power that he may eat, 
 has no other property than his bodily strength ; this is his only 
 possession, and he has a claim on society for the protection of 
 this, which is his capital, against possible extortion on the part 
 of the other element of production, in order to spare him, 
 unnecessary wear and tear, and to economise his physical and 
 moral powers for the benefit of society itself. If he is to waste 
 his strength under unusually unfavourable circumstances, for 
 wages which are inadequate to support himself and family; if 
 the necessary relaxations of body and mind are denied him, 
 through an unjust regulation of work-time; if he is to work 
 uninterrupted from twelve to fourteen hours, in places where . 
 fresh air and daylight are excluded, or in places where no 
 precautions against dangerous accidents are taken ; if his child- 
 ren also must be put to work at an age when culture of mind 
 and body cannot be neglected without the risk of ruin to the 
 individual health and morals, and this from sheer necessity, 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [151 
 
 in consequence of the shortness of the parent's wages, then 
 surely, under such damaging influences, the result shall not fail 
 to show itself in the physical, mental and moral degradation of 
 the working class, to the detriment of the whole society, for 
 without a healthy and contented labouring class, there is no 
 chance for a wealthy middle class, and no security for the cap- 
 italist. But is there no remedy for these social maladies ? The 
 remedy is State-action, as stated before (p. 141), i.e., measures 
 of State-legislation, based on the principle of state or scientific 
 socialism. These may be classed as follows : 
 
 I. Moral Measures. These are: (1) Prohibition and 
 actual suppression of prostitution. (2) Laws for the pro- 
 hibition of the sale of intoxicating liquors, opium, and all 
 descriptions of drugs which can be used to produce inebriat- 
 ing excitement, when not prescribed for medical purposes. 
 These measures have never been disputed as being the most 
 efficient steps to the moral and material improvement of the 
 people at large, and especially for the working class, which 
 is helplessly exposed to so many temptations. And yet, what 
 has been done on these scores by the so-called guardians of 
 the people, the representative legislators ? As long as society 
 is not delivered from the curse of licensed debauchery, 
 as long as these hot-beds of immorality and poverty are not 
 cleared away, schools for the intellectual training of the young, 
 and religious and charitable institutions for old arid young, are 
 working against tide. Religion and Education alike are per- 
 manently set at defiance by chartered licentiousness. 
 
 II. Under Material and Economical Measures can be 
 classed: (1) The legalizing and regulating of the "Trades' 
 Unions," in the form of Chambers of Manual Industry t (on the 
 footing of the present Chambers of Commerce) as legal advising 
 bodies to the Government in matters regarding labour. (2) The 
 appointment of stipendiary Labour-Inspectors, i.e., government 
 officials for the controlling of the faithful maintenance and 
 
152] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 compliance with the legal regulations regarding labour, for the 
 technical inspection of factories, workshops and other working 
 places, and for the enforcement of measures of safety in behalf 
 of the workers employed therein. (8) The fixing of a normal 
 work-day, that is, the maximum of hours during which a labourer 
 is allowed to work, within the twenty-four hours, for a day's 
 wage ; this to be regulated with due regard to the nature of the 
 work, the normal work-day being reduced for the manufacturing 
 of articles in the composition of which any health-injurious 
 compounds are used, and also for exceptionally fatiguing or 
 dangerous labour. (4) The establishment of Labourers 9 Pension- 
 Funds, by compulsory contributions of labourers, to be placed 
 under the control of the Chambers of Manual Industry ; the 
 statutes and bye-laws of these funds to be sanctioned by the 
 Government, on the footing of life-rent insurance companies and 
 chartered institutions. (5) Regulations with regard to the 
 labour of women and children. These regulations should contain 
 indications of the kinds of work which alone are allowed for 
 boys, under sixteen years of age, and women to perform other 
 factory-work being beyond their physical strength and constitu- 
 tion and also the prohibition to let children, boys under 
 eighteen years of age, and women of any age, work during the 
 night and on Sundays. A fixed rest-time of at least two hours 
 should be allowed to divide the day's labour-task. Further, 
 exemption from labour-tasks for women before and, at least, 
 four weeks after child-bed. (6) These protecting rules should 
 be coupled with compulsory education, in public government 
 schools, for boys until their fourteenth and girls until their 
 twelfth year of age, and, after that, technical education in 
 public trades' schools. (7) The fixing of a legal rate of interest, 
 as maximum interest for the loan of capital for all purposes of 
 labour, industry or commerce. (8) The regulation of wages for 
 manual labour, through the Chambers of Industry, which are to 
 replace the Trades' Unions. 
 
78 ] THB PHILOSOPHY OF CIVILIZATION. [153 
 
 Economists, contending that a minimum of wages, for differ- 
 ent manual labour, could not be regulated by legislation, have 
 built this their doctrine on the false premises that labour is subject 
 to the law of demand and supply, like any marketable commodity, 
 and statesmen, following in their wake, refused to legislate 
 for the maintenance of the equilibrium between the three ele- 
 ments of the material welfare of society, viz., intellect, capital 
 and labour. Schools are established at great expense to the state, 
 for the fostering of intellect; public works are erected by the 
 state, at far more cost yet than public education, to facilitate the 
 increase of capital ; but what is being done, by state-action, to 
 protect and strengthen the most essential of these elements of 
 production Physical Labour ? This living agent of social pro- 
 gress, the wear and tear of the units of society, which cannot 
 be neglected physically without injury to the moral element of 
 the social organism, is simply left to be regulated by the mercan- 
 tile law of demand and supply, or by the law which communism 
 tries to impose on society. Side by side with measures for the 
 improvement of the moral and intellectual man, physical labour 
 must have equitable protection. If to maintain efficient healthy 
 labour is necessary for society, then society must take logical 
 measures to secure this end. Usury is bridled by a legal rate 
 of interest, so also ought the living of the labourer to be secured 
 by a legal minimum standard of wages. If the necessary com- 
 plexity of the subject might make legislation on wages less 
 practicable, then the minimum rate of wages can conveniently be 
 periodically fixed by the legally instituted Chambers of Manual 
 Industry, above mentioned. 
 
 Poverty versus Political Economy. The science of Political 
 Economy, as said before, does not deal with social questions except 
 to speculate on the rules by which the few might get rich. The 
 great problem of the causes which make the many remain poor, 
 however instrumental they may be in the process by which the 
 few get rich, is not within its scope. Mr. Henry George, in his 
 
154] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 work, " Progress and Poverty," makes an inquiry into the causes 
 of industrial depression and of the increase of want with the in- 
 crease of wealth. " I propose," says he, " to seek the law which 
 associates poverty with progress and increases want with advancing 
 wealth." We acknowledge that especially in great industrial 
 centres, where Mr. George got his experience, progress of the few 
 leaves often the rest in poverty, and that, side by side with ac- 
 cumulating wealth, often the greatest want, moral as well as 
 material, is observed. But this condition is far from being the 
 social law ; it is the violation of the natural law of social develop- 
 ment, the violation of justice and benevolence, which causes this 
 abnormal condition in society, by disturbing the natural equilibrium 
 of equitable co-operation between the three elements of material 
 progress, Labour, Intellect and Capital. The main cause of 
 demoralization and poverty is the want of labour-protection by 
 state-action ; no opportunism, but state-action based on scientific 
 socialism, the state-interference described*in the foregoing section 
 (77). 
 
 The end of political economy is the scope of wealth, i.e., the 
 possession of utilities for material pleasures of all kinds, as long 
 as they can be estimated at market value. Consequently, it does 
 not cover those super-economical political duties of the state, 
 called state-socialism, which find effect in practical sanitary 
 regulations, the restricting of prostitution, gambling-dens, sale 
 of spirits, and other licensed temptations to anti-economical 
 dissipations, tending to the ruin, in the first place, of the 
 labouring class in great manufacturing centres. These dissi- 
 pations are fostered by wealth and the laisser faire of the 
 doctrinaire political economy. Thus the absence of state- 
 socialism, with its measures based on justice and benevolence 
 combined, is the cause why " poverty is associated with progress," 
 and "want increases with advancing wealth/' and why the 
 poverty and want are the labourer's, while the progress and 
 wealth are the capitalist's. 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [155. 
 
 While Political Economy has left all these vital questions of 
 the intellectual and moral aspects of society unsolved, sociology, 
 the science of the natural evolution of the state's organism, has 
 taken them up and inscribed them in her rules under the head 
 of state or scientific socialism. 
 
 Co-operation. State or scientific socialism is thus the term 
 for the sociological aspect of Political Economy, where attention 
 is given to the development of society through the moral senses 
 of the human mind, conscience and sympathy, as the combined 
 regulators, of equitable wealth. It is a higher stage in the de- 
 velopment of science, keeping pace with the evolution process 
 caused by the struggle between the moral senses of the human 
 mind and man's selfish animal nature (76). It substitutes the 
 former Law of Wages, by the Law of Co-operation, under which 
 is comprehended all concert acts for organised self-help by honest 
 labour and honest trade, whether by work of hand or by work of 
 brain, profits and losses being equitably divided among those who 
 create them, in conformity with the pre-established rules of the 
 contract of co-operation. 
 
 Co-operation does not mean equality of individual social 
 conditions, but equity which is justice and benevolence com- 
 bined in all its operations. As such, honesty is the basis of 
 co-operation in the civilized society, for, if the concert-acting 
 is a thief-association, to cheat or rob the public, or a " ring " to 
 plunder the public treasury by undue state patronage, it is, like 
 all other organised frauds and crimes, punishable by criminal 
 law, and thus outside the social law of co-operation. 
 
 Free-trade versus Protection. We have seen above that, 
 without state-action and legislation, it is impossible to arrive at 
 some amelioration of the condition of physical labour, in the 
 present state of civilized societies. But, at the same time, it is 
 obvious that, by mere enactment of laws, the labour-problem is 
 not finally solved, however much would be done toward this 
 end if a normal work-day were established together with the 
 
156] THB PHILOSOPHY OF CIVILIZATION. [78. 
 
 regulation of the labour-tasks for women and children. Only 
 when, labour being legally protected, as above proposed, 
 workmen and their families find sympathy with capitalists, while 
 workmen cease to look upon capitalists as their natural enemies, 
 but rather stick to them as their inevitable co-partners in the 
 national industry, and when, through the suppression of the 
 fatal enticement of public houses of intemperance and debauch- 
 ery, the workman becomes able to elevate himself, morally as 
 well as materially, the national industry will develop into a 
 normal condition, and society be in a fair way to civilization. 
 
 But here we see a lion in the path, the spectre of inter- 
 national competition, claiming the cheapest national labour, is 
 barring our way towards an improved condition through 
 labour-legislation. Thus we are checked in this working out 
 of national progress, by the threat of foreign competition, and 
 compelled to serve protectionism, that usurer under the dis- 
 guise of a helping friend to all unsound state-finances, who 
 pretends to be able to perfectionate home-industry by excluding 
 all competition from abroad. But analyze the question, and 
 you will find that this fear of international competition simply 
 means the alternative of working our labourers to imbecility or 
 into revolution, or, to compensate capital, by heavy import 
 duties on foreign manufactures, for the losses sustained by the 
 aforementioned amelioration of the labourer's condition. Here 
 Capital-Protectionism and National Labour-Protectionism are 
 brought face to face, and the alternative cannot be doubtful. 
 
 But also where no State-action has ever been attempted for 
 the amelioration of the labourer's condition, and depression of 
 prices is put forward as the cause of low wages, there the cry 
 is, nevertheless, Protectionism to revive national industry that 
 is, to get better prices for the products. Thus protectionism 
 anyhow, whether as compensation for capital, in consequence 
 of labour-legislation, or as hope for better wages for the 
 labourer, through better prices for products. Of these two 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [157 
 
 motives we choose the first; if there must be protectionism in 
 industry, by all means let it then be in consequence of state- 
 measures taken for the amelioration of the condition of the 
 workman ; in other words, first labour-protectionism and 
 then, if need be, import duties for the compensation of cap- 
 ital, but let us never be fooled by the argument of the 
 protectionist quand-meme, that any branch of industry can ever 
 be fostered by shutting out the free-trade competition. The 
 so-called " fair-trade " protectionism is a sham, and not even a 
 good sham, for everybody knows that governments mean by im- 
 port duties simply fiscal measures, either out of necessity, to get 
 money anyhow, even by drafting on the energy of the national 
 industry, or simply to please capitalists, by making their 
 competition with labour more easy. If " fair-trade," through 
 import-duties, makes the price of the produce to be protected 
 higher for the national consumer, it is to be qualified unfair, as 
 its burden falls then on the shoulders of those who can hardly 
 afford to pay the higher price for the better foreign article, and 
 these are the labourers themselves, whose industry is so-called 
 to be protected. This is another sham. But people will buy 
 the foreign goods anyhow, if they are better than the home-made 
 ware, and, if not, well then, their inferior quality bars competi- 
 tion, even without any import-duty, so that, after all, protec- 
 tionism through import-duty does not protect the national 
 industry, comprehending both labourers and productions ; 
 and this is the greatest sham, for protectionism has proved 
 to be no protection, and the so-called fair-trade to be an- 
 injustice. 
 
 Heavy import-duties seem to be relished, as a relief to 
 his envy, by the artisan out of work, when, full of spite and 
 despair, he sees the arrival, from foreign manufactories, of wares 
 he himself could have produced, and be kept from starvation. 
 But must the cause of his distress be looked for in free trade ? 
 Does protectionism help him? In spite of him and heavy 
 
158] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 duties, foreign manufactures will continue to flood the market, 
 if their better quality is worth the price. This is proved by the 
 increasing revenue of the import-duties in countries where protec- 
 tionism is maintained, with or without the cry of " fair-trade." 
 And does the outbeaten workman who clamors for heavy import- 
 duties as a protection for his trade, know the answer to this 
 simple question: On whose shoulders falls the heaviest burden of 
 those extra taxations, and for whose benefit is the sacrifice made ? 
 
 Thus the lion in the path proves, on closer inspection, to 
 be but a stone lion, a representation of the inert obstructive- 
 ness of protectionism, which, instead of being in reality a 
 living, active power of defence and protection, is simply an ob- 
 ject of obstruction in the path of progress and civilization. 
 But, fortunately, this obstructive stone lion is, at the same time, 
 a warning-post of partisan selfishness, where this crosses the 
 high way of the State's justice and benevolence, which is the 
 course of State's common sense. As common sense, aiming 
 at healthy national self-preservation, rejects fallacious " protec- 
 tionism," which, while filling the public treasury with money 
 extorted from our own consumers, injures the mass by fostering 
 the material interest of the few, so does Scientific Socialism 
 object to the protection of capital by import-duties, without 
 protecting labour also by State-action. 
 
 State's common sense can agree with a direct protection 
 i.e., by subsidy from the public treasury of some particular 
 national enterprise, where national industry or trade is gathering 
 the necessary strength to enter the arena of free competition 
 with those of other nationalities. Although such State-action 
 might lead to abuses, when prompted by more benevolence 
 than justice, it has, at all events, the merit of being an open 
 act, free from sophistical complications, and, as such, a measure 
 fit for fair, straightforward and comprehensible argumentation; 
 but the jugglery of protectionism, under the allurements of 
 " fair-trade," is an abnormal measure which can only be de- 
 
78.] THE PHILOSOPHY OF CIVILIZATION . [159 
 
 fended by pure opportunism, and, unfortunately, a fatal oppor- 
 tunism, which singularly fails to find a practical remedy for 
 the social evils of depressed industry. It is the opportunism 
 of uncivilized societies, where human labour must be protected 
 by the prohibition of machinery, and where public roads are 
 kept in such state, that no other means of communication are 
 possible than the porte-faix and the wheelbarrow. 
 
 Protectionism, in fact, is either an indication of retrogres- 
 sion in civilization, or a work of bad statesmanship, when not 
 merely an opportunistic measure of convenience to improve the 
 distressed condition of the State's finances. In this latter 
 instance it proves that the national legislature is dominated by 
 parties imbued with narrow-minded national jealousy, or with 
 a selfish, sneaking policy, which lacks the moral courage to 
 enforce measures of direct taxation, on the logical and equitable 
 basis of the income tax, and to leave international trade free 
 for the necessary scope of a healthy development of the na- 
 tional industry. 
 
 Laws.WQ have seen in Chapter II., containing the Insti- 
 tutes of Law, the origin of law explained to be National Customs, 
 growing from the National Spirit of Law (33) i.e., from the 
 habits of thinking of the gradually developing individual minds 
 composing the society, and which have thus become estab- 
 lished as the objective expressions or manifestations of subjective 
 conception of Justice and Benevolence. These customs, when 
 consolidated through progress of civilization, into the ethico- 
 legal obligations which form the rules of conduct for the 
 individual co-existence in society, are called Laws (40). When 
 laws emanate from the government or legislature of the State, 
 they are State-actions, and having for origin the conception 
 of Justice and Benevolence, they are, evidently, based on the 
 principle of State or Scientific Socialism, as described above. 
 
 Laws being state-actions, based on State or Scientific 
 Socialism, it follows that they are, as indicators of the Spirit of 
 
160] THE PHILOSOPHY OP CIVILIZATION. [78. 
 
 Law, the test by which civilization can be gauged in the normal 
 condition of Society (see 41). 
 
 As noted before (62), the exclusive right of legislation and 
 jurisdiction in all matters within the State's territories, and 
 with regard to its subjects or citizens, with certain modifications, 
 also outside its territory, is an essential sovereignty duty of 
 the State, as the internal legislation of states exercises an im- 
 portant influence on their mutual intercourse, and thus on the 
 growth of universal civilization. All individuals within the 
 territories of a civilized State, aliens as well as its own subjects 
 or citizens, whether domiciled or temporarily residing, save 
 some special exceptions established by treaty, or through the 
 usages of international comity, and the rules of private inter- 
 national law, all are subject to the legislation, jurisdiction 
 and control of the State's laws. They have, consequently, equal 
 right to protection and equal claim to legal and practical securi- 
 ty of person and property, and in the transaction of their lawful 
 business ; wherefore the tribunals of a civilized State ought to 
 be open to foreigners in the same manner and to the same ex- 
 tent as they are open to its own subjects, to have justice ad- 
 ministered to them in conformity with laws and usages.* 
 
 The laws of a civilized State can be classified under the follow- 
 ing heads, viz., Public Law (jus publicum), the Law of Persons 
 (jus personarum), and Private Law (jus privatum). 
 
 Public Law has reference to the constitution and sovereign 
 government, the state-policy, finance, general management of the 
 State's internal and external affairs, and the care of the moral 
 and material welfare of its subjects or citizens (staats-angehorigen). 
 Under Public Law are comprehended the subjects treated above, 
 in sections 52-61, under the head of Social Organism. 
 
 Public Law is composed of Political Law, Penal or Criminal 
 Law (which contains also Police Regulations), Commercial Law, 
 
 * HUGO QBOTIUS : Dutch Jurisprudence, Ch. xiii. Sec. iij. 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [161 
 
 and Maritime Law* To the system of Public Law belong also, 
 in Civil and Criminal Legislation, the rules for the examination, 
 instruction, proceedings and judgments of judicial questions in 
 Courts of Justice (ordinatorice litis). Under the general head of 
 Public Law is also classed International Law, which comprehends 
 the data of civilization described in sections 63-75, as the co- 
 existence of Social Organisms or external Social Life. 
 
 Political Law embraces those legislative acts by which are 
 established fundamental rules with regard to the criteria of what 
 constitutes the political nationality (jus cimtatis) of the State, 
 and the conditions for the naturalization of aliens ; comprehend- 
 ing also the regulations with regard to emigration, domiciliation 
 in foreign countries, and expatriation of subjects or citizens (44) ; 
 together with the right of asylum and domiciliation of foreigners, 
 i.e., the principles on which foreigners are admitted to unmolested 
 passage and peaceable residence in the State, and the cases in 
 which their prohibition, extradition or expulsion is allowed. To 
 the domain of political law belongs also the regulation of questions 
 of exterritoriality, i.e., all special exemptions and privileges enjoyed 
 by foreigners and their corporations within the jurisdiction of the 
 State. These and other matters regarding foreign intercourse 
 find, however, more suitable places in International Law.f 
 
 The Laiv of Persons establishes the legal status of the 
 individual, with regard to his personal conditions, his age, pro- 
 fession, parentage, affinity, and right of succession, including the 
 rules for the registration of births, marriages and divorces, and 
 deaths, and the formalities appertaining thereto ; for the affirma- 
 tion of the relative legal consequences, rights and obligations 
 entailed by the respective personal status. The Law of Persons 
 
 * With regard to Maritime and Commercial International Law, I venture to 
 refer the reader to my Manual of International Law, Edit. 1884, Vol. L, 
 p. 395, et seq. 
 
 f For all further elucidation with regard to Determination of Nationality, 
 Droit d'Asile and Extradition, Domiliciation, Naturalization of Aliens, 
 Emigration and Expatriation of subjects or citizens, and Exterritoriality, 
 I must refer to my aforementioned " Manual of International Law," Vol. I., 
 p. 117, et seq. 
 
162] THE PHILOSOPHY OF CIVILIZATION. 
 
 establishes further the principles with regard to the individual 
 capacity to possess and to acquire rights and things, movable 
 and immovable, which are termed personal and real property. 
 The law of persons includes, finally, the individual capacity to 
 make wills and bequests, and the relation in which the individual 
 stands with regard to private law, i.e., his capability of perform- 
 ing legal acts and transactions, with the obligations which 
 correspond to things and to rights. 
 
 While political law regulates the relation in which the 
 individual stands with regard to the State, the law of persons 
 governs his natural status and the mutual relations of individuals, 
 in co-existence in and outside family life. 
 
 Private Law is the term by which are comprehended the 
 principles on which the private interests of individuals are regulated 
 with relation to things and to rights, and the obligations which 
 correspond therewith (res, jura, obligationes) embracing the Law 
 of Contracts, i.e., the rights and liabilities ex-contractu and the 
 legislation which regulates rights and claims to things movable 
 and immovable; the transactions originating therefrom and the 
 means whereby rights in general may be judicially vindicated and 
 executed or realized. 
 
 The law of persons and the private law constitute together 
 what is termed Civil Law (jus civile) with the legislation, juris- 
 prudence and judicature appertaining thereto. This includes 
 Private International Laiv (jus gentium privatum), i.e., that part 
 of the general international law which regulates, not the mutual 
 relations of States, but the private relations which occasionally 
 occur between individual members of one State and the laws 
 of another state.* 
 
 Political Rights (jus civitatis) is the constitutional capacity 
 acquired by Political Nationality (44), and, in some instances, 
 also by Domiciliation, to take part in the government and the 
 
 * Private International Law is treated in my Manual aforementioned, Vol. I., 
 p. 142, et seq. 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [163 
 
 legislature of the state ; from these rights aliens are thus excluded, 
 but with regard to Civil Right (jus civile), there is rarely any 
 distinction made between aliens and subjects or citizens. 
 
 The Criminal Law of a State is co-existent with its Na- 
 tional jurisdiction, as mentioned above (p. 160). The legislative 
 and juridical powers of a State cover offences committed by 
 any individual within its territories, whether native or alien, 
 with the exceptions which, in particular cases, may exist by the 
 rules of International Law, or by virtue of International Treaty, 
 as in the conditions called Exterritoriality and Concurrent 
 Jurisdiction.* 
 
 In some particular instances, these powers extend also be- 
 yond the territories of the State, viz., (1) In the case of 
 offences, as specified and prohibited, under penalty by law, 
 committed against the integrity, internal or external safety of 
 the State, its public institutions of commercial, domestic and 
 foreign credit, and its financial establishments, when guaranteed 
 by legislation, wheresoever and by whomsoever such offences 
 be committed, when the offender is found within the jurisdic- 
 tion of the State, or his extradition is obtained. (2) In the casa 
 of all offences against the Laws of Trade and Navigation of a 
 State, committed anywhere by its own subjects or citizens. (3) 
 In the case of all offences, committed anywhere, by a subject 
 against a fellow- citizen, when both having their domicile 
 within the native State are temporarily abroad. (4) In cases 
 independent of the question of domicile when murder or 
 other grave offences and serious crimes have been committed, 
 anywhere, by a subject against fellow-citizens or foreigners, or 
 by an alien against subjects, whenever the culprit is found 
 within the territory of the State, or his extradition is obtained ; 
 provided judgment has not already been passed and sentence 
 delivered in the case by the competent law-court of the foreign 
 State within whose territory the- offence in question has been 
 
 *T C., Vol. I., p. I37,*3*e$. 
 
164] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 committed. By a general rule, the offences for which subjects 
 are punishable in their native State, although the offences 
 were committed on foreign territory, are of the same class for 
 which extradition is asked and granted between States, by 
 virtue of extradition treaties ; thus, a State rendering this class 
 of offences committed by its subjects abroad punishable b}*- 
 its own laws, can always fairly refuse, on this principle, any 
 demand for the extradition of its own subjects. (5) In the 
 case of offences committed on board of a vessel of the State, in 
 any part of the world, on the high seas as well as within the 
 territory of other States, and without regard to the person 
 by whom such offences be committed. (6) In the case of 
 offences committed on board of private vessels (merchant ships) 
 of a State, when the vessel is on the high seas ; and, in foreign 
 territorial waters, also for all acts regarding the internal ship's 
 discipline, and, when stipulated by treaty, also for some other 
 offences among the members of the respective crews. (7) Cases 
 of piracy and those acts which are declared to be piracy by the 
 Laws of the State. Piracy under the Law of Nations (jure 
 gentium) includes acts over which every State has equal 
 right of jurisdiction to try and to punish, without regard to 
 the question of nationality or the place where the acts of piracy 
 have been committed; this class of offenders against the Law of 
 Nature and Nations, being out-laws, have no legal claim on any 
 Political Nationality. On the same principle, every civilized 
 State is entitled to take action for the suppression of the 
 Slave-trade, all over the world. 
 
 In the Civil and Criminal Codes, as well as in the Laws of 
 Procedure and Rules of Court, regulating the modes of institu- 
 ting and settling of judicial questions (ordinatorice litisj, of 
 civilized States, there are also found certain provisions establish, 
 ing the principles on which the law-courts of the State shall 
 treat questions regarding conflicts of law, occasionally arising 
 between the laws which govern transactions in foreign countries 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [165 
 
 and those of the State, treating on the same matter or affair. 
 The International usages regarding conflicts of laws constitute 
 what is called Private International Law, as stated above 
 (p. 162). 
 
 The Right of Legislation and Jurisdiction, possessed by a 
 Sovereign State, extends over all persons within its territory, 
 with the exception, however, of those cases in which the claim 
 of jurisdiction on the part of some other State operates within 
 its territory, reciprocally, to the same amount as its own juris- 
 diction extends into the foreign territory. These are cases of 
 exception on the general rule of national jurisdiction, regulated 
 by special international treaty, establishing the conditions of 
 exterritoriality and concurrent jurisdiction, above mentioned (p. 
 163) or generally adopted through common usage of Inter- 
 national Law, viz : (1) With regard to the reigning Sovereign 
 or First State-Magistrate of another state and their immediate 
 followers, whilst temporarily residing within the territory, on 
 an amicable visit. (2) The representatives of foreign States 
 and the members of their legations. (3) Vessels of war of 
 friendly powers entering the territorial waters. (4) Armed 
 forces of a friendly power passing through the territory of 
 a State, with the expressed or implied consent of the latter. 
 (5) Foreign merchant vessels and their crews, in the cases 
 expressly stipulated by treaty, or by comity, in conformity with 
 International Usages. 
 
 The Theory of Criminal Law. The important branch of 
 jurisprudence, known as Penal or Criminal Law, constitutes, 
 when in conformity with the National Spirit of Law, i.e., with 
 the outcome of the development of the moral senses of the 
 human minds forming the society, essential data of civiliza- 
 tion. These we are now going to consider. 
 
 All acts which are wrong, ethically considered, are like- 
 wise wrong within the meaning of the Penal Code of a civilized 
 community ; and are punishable by the Criminal Legislation of 
 
166] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 the State, whenever the result of such conduct or acts happens 
 to be a violation of the altruistic principles of individual 
 co-existence, i.e., injurious to any individual member of the 
 society, in his public rights, or to society itself, as a social or 
 political organism. This is the general definition of Grime, as 
 the outcome of conduct based on motives of cupidity, avarice, 
 ambition, revenge and other egoistic passions. Crime is thus 
 the temporary suppression of the moral senses by the selfish 
 propensities of the animal nature of man. The end of human 
 punishment is the forcible repression of these passions in the 
 criminal, without crushing out the individual moral senses. 
 This end must not only be kept in view in the dealing out of 
 punishment, but also in the process of accusation and the trial 
 of the accused, as we shall see later, when treating of the Code 
 of Procedure, i.e., of the method of proceeding in criminal 
 
 Capital Punishment. It has been stated above (18), on 
 the theory of tla.e free will and the motives of action, that man's 
 moral-mental organism, when in a normal state, could never 
 be completely destitute of moral senses, so that, man in a normal 
 mental condition, living in a civilized society, is ever account- 
 able for his moral actions, and that, on the same ground, the 
 regeneration of a criminal is never to be despaired of. The 
 first named characteristic of man makes him subject to justice, 
 while the other claims mercy. The accountability of man's free 
 will and his recoverability from fall, through the regenerating 
 influence of his moral senses, constitute, combined, the basis of 
 Criminal Law, which involve sympathy as well as conscience. 
 These principles form the Theory of the Penal Code and Pro- 
 eedure of a civilized society, i.e., the scientific basis for the 
 definition of offences and the admeasurement of correlative 
 penalties, and for the ordinatorice litis of Criminal Jurispru- 
 dence. From these premises follows the principium juris, that 
 the administration of justice, in the prosecution and punishment 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [167 
 
 of crimes, is not only aimed at the suppression of evil, but also 
 at the promotion of good in society. On this basis only it is 
 possible for Criminal Jurisprudence to keep pace with the 
 development of society, and no nation can claim any reasonable 
 degree of moral civilization whose Penal Laws have no other 
 end than that of retaliating revenge.* The lex talionis of the 
 barbaric periods of the history of mankind is greatly dispropor- 
 tionate to the end of justice, and discordant with civilization, 
 as this is now moulded by the developing moral senses 
 of the human mind. The end of punishment, in conformity 
 with the human moral senses, i.e., " conformable to the dictates 
 of truth and justice, the feeling of humanity and the indelible 
 rights of mankind/' for all offences committed against the 
 constituent principles of society and its members, collectively 
 or individually, is retribution, through penitentiary repression, 
 as atonement for the crime. In this aspect, it is repressive as 
 well as reintegrative, but, at the same time, it is preventive, 
 as being essentially cautionary. These characteristics give the 
 law an earnestness and truth, without needing the unnatural 
 help of capital punishment. The theory of inspiring fear, with 
 the aim of deterring others by the dread of capital punishment, 
 has not the effect intended. When execution in public had 
 been found to brutalize the people more than to caution against 
 committing crime, and civilization was becoming loath of this 
 barbarity, the aversion of the popular conscience and sympathy 
 was met half-way, by the killing of the culprit in seclusion. 
 But this compromise between civilization and barbarism cannot 
 satisfy the moral senses of society. The plea of "depriving 
 the party injuring of the power to do future mischief, by put- 
 
 * " In proportion to the importance of the Criminal Law ought also to be the 
 care and attention of the legislature in properly forming and enforcing it. 
 It should be founded on principles that are permanent, uniform, and 
 universal; and always conformable to the dictates of truth and justice, 
 the feelings of humanity, and the indelible rights of mankind." HENRY 
 JOHN STEPHEN, Serjeant at Law, New Commentary on the Laws of England, 
 Edit. 1863, Vol. IV. p. 87. 
 
168] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 ting him to death," is as irrational an argument as whipping 
 at the post and execution in public have proved to be inefficient 
 measures of dread for deterring future crimes, for, if we have 
 to weed out evil-doers from society, by the simple process of 
 extirpation, where shall the executioner draw the line ? As 
 capital punishment has proved to be no measure of dread for 
 deterring others, it continues now simply as a measure of 
 human punishment on the principle of the lex talionis; of which 
 a great English jurist* has observed, " That, as the difference 
 of persons, place, time, provocation or other circumstances, 
 may enhance or mitigate the offences, retaliation can never be 
 a proper measure of justice ; that the quantity of punishment 
 can never be absolutely determined by any invariable rule, and 
 that it must be left to the arbitration of the legislature to inflict 
 such penalties as are warranted by the laws of nature and 
 society, and such as appear best calculated to answer the end 
 of precaution against future offences.' 7 Thus, the origin, 
 quality and degree of punishment must be traced to the "Laws 
 of Nature and Society," and from these laws it is proved that 
 the only real precaution against social offences is the moral 
 development of the human mind. But morality cannot be 
 preached from the gallows, and dread of capital punishment 
 has universally failed to restrain the ungovernable human 
 passions. When the mind is not, at the same time, brought 
 under the influence of the moral senses, no human punishment 
 can be of any benefit to society. Putting to death is not even 
 punishment ; it is expiation, but without the moral fruit of 
 atonement. The ghastly files of victims for the block, daily 
 led to the places of public execution in the Asiatic states, are 
 awful evidences that capital punishment, like all revengeful 
 retaliation, instead of producing dread, only hardens popular 
 feeling. Instead of repressing crime, it retards civilization ; 
 
 * HENRY JOHN STEPHEN, Serjeant at Law, New Commentaries on the Laws of 
 England, Edit. 1863, Vol. IV., p. 100. 
 
78.] THE PHILOSOPHY OP CIVILIZATION. [169 
 
 for civilization is not fostered by the executioner, but by the 
 human moral senses. Conscience and sympathy alike are 
 revolted by this dreadful retaliation ; for when the innocent is 
 executed, and thus no chance is left for redress or rehabilita- 
 tion, at whose door must the guilt of blood lie? at the door 
 of the judge and the erring procedure, or at that of the legisla- 
 ture which misinterpreted the extent of its warrant ? 
 
 Codification. The necessity which is gradually felt by all 
 nations, with the growth of civilization, to insure to all dwellers 
 within their jurisdiction, equally strict, cheap and expeditious 
 justice, is the manifestation of the spirit of Law, which is for- 
 mulating itself in conformity with the development of the 
 popular conscience (33). The principal requirement to arrive at 
 this end is the Codification of the Laws of the State, i.e., the 
 systematical arrangement of the laws and usages emanating, 
 from the development of society.* As each of the branches of 
 Law, enumerated above (p. 160) has its own system, moulded 
 by civilization and the natural condition of the people, each forms 
 a separate Code of Law, representing as many data of civilization; 
 but none so characteristically represents the outcome of the moral 
 senses of the people as the Code of Criminal Law, which, of all 
 the branches of Law (jusj, being the best indicator of the Spirit 
 of Law of the society, is treated here in particular. 
 
 Codes of Criminal Law. In conformity with the aforemen- 
 tioned principles, by the light of which the nature of crimes and 
 punishments must be considered, criminal jurisprudence consists of 
 two main branches, viz., (I.) the Penal Code, containing the 
 definition of crimes and the penalty for each special offence, and 
 (II.) the Code of Procedure in Criminal Cases, which consists of 
 the modes of proceedings by which crimes are detected and proved 
 and the offender is brought to justice, in other words, the for- 
 mulation of the mode in which criminal justice is administered. 
 
 * What can be done in this way, in behalf of civilization, is proved by the 
 codification of the British-Indian Laws into Western shape, completed in 
 
170] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 I. The Penal Code. Of all subjects of legislation, the codi- 
 fication of the criminal laws is the most necessary in a civilized 
 society. The Penal Code, which is the definition of crimes and 
 the specification and admeasurement of the correlative punish- 
 ment, must embrace the whole subject of which it professes to 
 treat ; not being merely a digest of existing usages and laws, it 
 must repeal, and remould into forms, evolved from the science of 
 Jurisprudence, which is the outcome of the Spirit of Law, the 
 whole of the Common Law, i.e., the traditions of law, handed 
 down from former conditions of society, and reduced into writ- 
 ings, and the "Statute Law," which consists of different desultory 
 Acts of Legislature. But especially should the so-called " Case 
 or Judge-made laws " be consolidated into systematic rules ; these 
 are the "precedents," i.e., the decisions given in similar or 
 nearly similar cases, but pronounced by different judges, in 
 different states of mind and degrees of intellectual culture, at 
 different places and at former periods of social development in 
 other words, at less advanced stages of civilization of the society. 
 Where no codification of the Criminal Law has yet been accom- 
 plished by legislature, there the uncertain state of Jurisprudence 
 causes a wholly unmerited scientific predominance to be attached 
 to the "precedents;" which is the more unwarranted, as these 
 judge-made fragments of "laws" are often scattered in large 
 numbers of volumes of case-reports, without any attempt at 
 arrangement or system of legislation. 
 
 If completeness of the Penal Code is indispensable for the 
 popular knowledge, then more especially ought this to be observed 
 with regard to the definition of crimes ; which, in order to reach 
 popular understanding, should be put in simple and plain lan- 
 guage, free from unnecessary technicalities. When laws are 
 formed on the mental common sense, i.e., on reason and feeling 
 combined, with the good of society in view, that is, the good, 
 as defined by benevolence as well as justice, then and only then, 
 it can, in justice, be ordained, that no rational member of the 
 
78*] THE PHILOSOPHY OF CIVILIZATION. [171 
 
 osciety should be excused, in no instance, not even in the case 
 of the most uncultured subject, on the ground of ignorance as to 
 what the laws condemn as evil. A law which has for its immutable 
 maxim : " Ignorantia Juris, quod quisque tenetur scire, neminem 
 ezcusat," must, in truth, be based on the human inherent con- 
 sciousness of good and evil, impressed on the mind through our 
 moral senses of conscience and sympathy, which also govern our 
 common-sense (34). This is the natural test of all theories of 
 Criminal Jurisprudence, for it is the origin of Law itself. On 
 this basis of common-sense, only, it is possible to formulate all 
 laws in plainly and tersely expressed terms, with the use of plain, 
 clear and concise grammatically acknowledged language, and 
 which, from the determined wish to be understood by all, guards 
 the law-texts from being swamped by multifariousness and 
 prolixity of words, the tedious verbosity of the so-called lawyer's 
 technicalities. 
 
 Thus, a regenerated Penal Code, in conformity with the 
 actual Spirit of Law of the society, forming a complete system of 
 clearly denned " Statute Law," will keep pace with the progress 
 of civilization. The data of such a Code consist in the following: 
 1 The distinction of public wrongs from individual wrongs, 
 i.e., of crimes from private injuries. A wrong done to an individ- 
 ual member of the society, in his personal rights, when the offence 
 is not, at the same time, a violation of the public rights of individ- 
 ual co-existence, or of the altruistic principle of society (which 
 is, as stated above (p. 165), the definition of crime), is a private 
 injury, while the act, from an ethical point of view, is condemned 
 as sin, if it does emanate from any egoistic or vindictive motive 
 (28). The social or public aspect of the wrong claims the 
 human punishment, by the laws of the society, while the private 
 injury is to be redressed by restoring the violated right, whether 
 in natura, or through an equivalent. The public scope of 
 a wrong brings it under Criminal Jurisprudence, our present sub- 
 ject, while its private aspect belongs to the domain of Civil Law 
 
172] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 (jus civile), with its special jurisprudence, and which, as noted 
 above (p. 162), is composed of the Law of Persons (jus personarum) , 
 and Private Law (jus privatum). 2. The accountability with 
 regard to crimes. It has already been noted that man's moral- 
 mental organism, when in a normal state, could never be completely 
 destitute of moral senses, so that every person in a civilized socie- 
 ty, who is in a rational mental condition, must be held accountable 
 for his actions. Thus, accountability for crime does not exist in 
 individuals of whom, the moral senses are not in a normal condi- 
 tion of development i.e., in the state of the mind as described 
 above in 12, p. 16. When the mind is morally or physically 
 unfit for moral or rational conception, the ego is dislocated, and, the 
 will not being under control of reason, the individual is not account- 
 able for his deeds; to this category belong infancy, idiocy and 
 insanity, i.e., children under the age of seven years, and persons 
 who, by reason of undeveloped or defective mental powers, are 
 incapable of knowing the criminal character or quality of the act 
 committed by them. 3. Accidental impunity. Besides moral 
 and physical unaccountability, there are incidental causes which 
 make offences, to a certain degree, excusable from criminality ; 
 these are ignorance, mistake, compulsion, necessity and other 
 chance conditions, to be proved by established facts. 4. The 
 accountable offenders are distinguished into principal criminals, 
 i.e., the absolute perpetrator of the crime, and he who is an actor 
 in the facilitating, aiding or abetting of the crime and without 
 whose help the act could not have been done and the accessory, 
 who is not an actor in the offence, but, in some way or other, 
 connected with it, either before or after the committal of the 
 crime, but whose help icas not strictly necessary for the perpetra- 
 tion of the act, and which could have taken place even without 
 the instigation, encouragement or help of the accessory. 5.- The 
 classification of crimes into : offence against the person, against 
 property, against the government and public administration, 
 against the administration of justice, the public peace, the public 
 
78.] THE PHILOSOPHY OJf CIVILIZATION. [173 
 
 health and the police ; against public trade and economy ; against 
 public morality and religion, and against the Law of Nations. 
 6. The rules of prescription of crimes. 
 
 II. The second branch of Criminal Jurisprudence i.e., the 
 Code of Procedure the administration of Criminal Law, contains 
 the modes of proceedings by which crimes are detected, and the 
 rules by which the offence is proved and the offender brought to 
 judgment. The data of this Code are the following. 1. The 
 means of preventing the perpetration of crimes. The object of 
 Criminal Jurisprudence is to deter from crime, not to entrap into 
 crime and then punish, for to tempt its commission is encourag- 
 ing and abetting crime. This principle of Criminal Procedure 
 must ever be kept in view by the detective or prosecuting agents 
 of the law, if they aim at the moral end of society. 2. The 
 modes of detecting and prosecuting crimes ; officers for the detec- 
 tion and for the prosecution (\}IQ fiscal) ; preliminary examination 
 of the accused and witnesses. -3. The Court of Criminal Judi- 
 cature, consisting of an aggregate or judicial body of three or 
 more judges, and the Court's Recorder or Registrar (gi'iffier), re- 
 presents the Righteousness of the State, i.e., of the Benevolence 
 as well as the Justice of the social organism called State ($48), 
 while the State's Attorney or Public Prosecutor represents the 
 Legislation of the State, and claims the infliction of the legal pen- 
 alties for the violation of its laws, thus constituting the accusing 
 party versus the accused offender as defendant ; this latter, in order 
 to have a fair chance, is assisted by a legal adviser of his own 
 choice, or is, otherwise, supplied with one by the Court. Be- 
 tween the two thus contending parties, the Righteousness of the 
 State decides. 4. The arraignment of the accused, to answer, 
 personally, on the plainly stated, comprehensible and definite 
 Act of Accusation of the Public Prosecutor ; the examination of 
 the accused and of the witnesses, on both sides, to be done by the 
 presiding judge, before the full Court, the Recorder taking notes 
 of every question and answer. Cross-examination is allowed to 
 
174] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 parties, reciprocally, but only with regard to facts connected with 
 the case; each of the two parties the accused or defendant, as 
 well as the Public Prosecutor has the right to repudiate any 
 witness as " to credit" on the terras and for reasons as determined 
 by law ; the objections of parties with regard to the credibility 
 of witnesses, can be overruled by the Court. The witnesses shall 
 be examined upon their oath, but the accused shall not be allowed 
 to give oath, for when being cross-examined by the prosecution, 
 or confronted with the witnesses of either side, he shall have the 
 right to add any explanation or addition he may desire. The 
 moral senses of the accused shall be roused ; therefore the Court, 
 as representing the Righteousness of the State, shall address to 
 the accused such words of exhortation and caution as may be 
 suitable to the occasion, in order to revive in. his mind the con- 
 sciousness of his moral obligation to tell the truth and the whole 
 truth, without in the least through threat, or any pain-inflicting or 
 fear-inspiring means influencing his free loill of confession. A 
 mere confession of guilt does not form a complete proof for the 
 condemning of an accused ; besides his confession, there must be 
 some direct or circumstantial evidence of the truth of his self- 
 accusing statements, for, to administrate justice with righteousness, 
 the facts must be clearly proved before the law can be judiciously 
 applied to the case. 5. The Court, constituted of an aggregate 
 of judges, gives judgment by majority of votes after direct in- 
 vestigation, pronouncing: firstly, as to the guilt or innocence of 
 the accused as proved by the facts, which must be carefully 
 described, established through the evidence, in accordance with 
 common-sense; secondly, the definition of the offence of which the 
 accused has been found guilty, and thirdly, the application of the 
 law, in conformity with the merit of the case. The Judgment is 
 thus the conclusion arrived at as to the point of the Positive Law 
 bearing on the case, legitimately arising from well-ascertained facts 
 and well tested reasoning ; it is to be read at the public session of 
 the full Court, in presence of the parties, i.e., of the accused and 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [175 
 
 the Public Prosecutor. 6. Appeal or Revision of the Judgment. 
 7. Commutation, Remission, and Pardon. 8. The execution 
 of the Sentence. 
 
 These are the principal data, derived from common-sense, as 
 this is formed by the moral senses of the human mind, when in 
 condition of civilization, for the construction of a Code of 
 Criminal Procedure, which, next to the Penal Code, is the most 
 essential part of the Public Law of a civilized state. Here the 
 National Spirit of Law finds its most notable expression ; here, on 
 the threshold of the temple of Justice, it abjures vindictive 
 punishment,* and pledges itself to combine humanity with justice, 
 barring, at the outset, all attempt at the arbitrary invading of 
 popular rights or individual liberty ; acting with common sense it 
 guarantees simplicity of form and language, in the framing out of 
 the Act of Accusation and all legal instruments, so that these 
 may be intelligible to all ordinary understanding. Its Law of 
 Evidence is based on straightforward direct investigation of/r/c^s, 
 in the face of the accused. As such, the direct examination 
 of the accused is a point of righteousness, corning from the moral 
 obligation of the Judge to give an offender the chance to relieve 
 the burden of his conscience, by making full confession of his 
 crime, and atone for it through the well-deserved punishment. 
 By this provision the end of Criminal Jurisprudence is attained, 
 and human punishment is sanctioned by the moral senses. But 
 the system of conviction, by the so-called jury trial, is immoral, 
 for there the accused is practically forbidden to plead for his own 
 innocence, or to comply with the dictates of his conscience by 
 confessing his guilt.f 
 
 Such an arraignment of Justice, where the mouth of an 
 accused is closed, where he is neither competent nor compellable 
 
 * "Vengeance is mine ; I will repay, saith the Lord" (Romans xii. 19). 
 
 f With regard to the question " Ought the accused person to be examined ?" we 
 can refer to the ample arguments put forward for the affirmative by Mr. 
 EDWAKD DILLON LEWIS, in his " Draft Code of Criminal Law and Pro* 
 oedure," Edit. 1879, Pref. p. riii. et sey. 
 
176] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 to give evidence in bis own case, a trial for crime, during which 
 the offender remains in a hardened malignant condition of mind, 
 or simply like a party interested in a hetting between two skillful 
 peformers at a game, is immoral, as well impolitic, in Criminal 
 Procedure ; for the moral end of punishment is defeated, while 
 the political view, viz., the precaution against future offences, is 
 lost, through the baneful hardening of the offender's mind, in the 
 suppressing of the free action of his moral senses. 
 
 The Trial by Jury is a precious relic of the past. It was one 
 of the first essentials to success in the struggle for political and 
 individual liberty between the "commoner" and his feudal lord. 
 The commoner's right " to be tried by his peers," was conceded as 
 a compensation for political and social inequality. In the face of 
 the distrust which was fostered between different classes of the 
 same society by the regime of autocratic governments and 
 despotic nobilities, the trial by jury was surely a most valuable 
 guarantee to the less favoured class of society, to secure them 
 from being arbitrarily deprived of their liberty by the governing 
 class; it was a sort of permanent political " certiorari" or "habeas 
 corpus cum causa" obtained by the people against the judges, 
 which belonged to the upper class or to an opposing political party. 
 But now, after centuries of immense strides of social develop- 
 ment and the growth of the Natural Constitutional Government, 
 the judges, at present appointed for life, with salaries 
 and emoluments granted by legislation and unchangeable by 
 government, are completely independent from class influence 
 and from the government, which is controlled by the representa- 
 tives of the people. Thus the progress of civilization, having 
 produced socially and intellectually independent judges, properly 
 educated in the science of law, which they have made their 
 profession for life, the trial by jury has no more raison d'etre, and 
 could safely be abolished. In the system of judicature with the 
 single judge, where the verdict, as to the evidence oj facts, 
 emanates from a single mind, the jury- verdict is surely a safe 
 
78.] THE PHILOSOPHY OF CIVILIZATION. [177 
 
 shelter for the judge's conscience, and here lies the mischief, for 
 the jury is neither responsible for its verdict nor bound by the 
 law of evidence, and besides, the verdict of the jury, in criminal 
 cases, is absolutely final, without appeal.* But where the court 
 consists of an aggregate of trustworthy, able and independences, 
 there the appreciation of facts, to prove the guilt or innocence of 
 the accused, must naturally be left to the full court to decide, in 
 conformity with the law of evidence; in order to bring the whole 
 administration of justice, viz., the finding as to the facts, as well 
 as the application of the law, to the competency of the Court 
 of Justice, with the end of securing to all, without distinction of 
 rank or social standing, equally strict, cheap, and expeditious 
 justice, in conformity with the demands of a morally progressing 
 civilization. 
 
 The so-called " habeas corpus ad subjiciendum," in English 
 jurisprudence, is a remedy to obtain relief from illegal confine- 
 ment, through a writ issued, in certain cases on special demand, 
 in behalf of the arrested person from a superior to an inferior 
 judge, commanding the appearance of the prisoner before the 
 superior court, ad faciendum, subjiciendum et recipiendum to do, 
 submit to, and receive whatsoever the judge or court awarding 
 such writ, shall consider in that behalf. But a completer guarantee 
 against illegal detention or imprisonment exists in states where 
 the Criminal Code clearly defines the times, the causes and the 
 extent, when, wherefore and to what degree the imprisonment 
 
 * " In every civil cause, however small the interests involved, the litigants have 
 the absolute indefeasible right of applying for a new trial. It is difficult, 
 then, to understand upon what true principles it should be a portion of the 
 law of England that, under no circumstances whatever, can a new trial be 
 had in a criminal case, and that if a jury pronounce a verdict dictated by- 
 passion or prejudice, ignorance or mistake, or, upon the face of it, sense- 
 less and unjust, the person against whom it is pronounced is without 
 appeal or redress ; his life declared forfeited, perhaps; his liberty restrain- 
 ed ; his honour blighted ; his prosperity and prospects ruined ; nothing left 
 but an appeal to the clemency of the Crown a clemency which, even if it 
 be extended, comes in the form, noc of rehabilitation to an injured and 
 innocent man, but as an act of grace ; in the most illogical form of a free 
 pardon : pardon for an offence which has never been in fact committed." 
 EDWARD DILLON LEWIS: A Draft Code of Criminal Law and Procedure. 
 Preface, p. 30. 
 
178] THE PHILOSOPHY OF CIVILIZATION. [78. 
 
 of any individual, within the jurisdiction of the state, is lawful. 
 Where no arrest can be made, other than on an a priori writ of 
 the competent Court of Justice, save in flagrante dilecto, and, 
 even then, immediately to be followed by judicial examination ; 
 where no imprisonment for debt exists; where no arrest of person 
 or property, nor any restraint on personal liberty whatsoever, can 
 be ordered or ruled, by any Governmental, Administrative or 
 Executive authority however exalted his rank or position 
 may be without having been previously sanctioned by legislative 
 act, or through a legal warrant from the competent judge ; 
 there, surely, the constitutional rights of personal liberty of no 
 individual in the state, can ever be violated without immediate 
 and severe repression. And this is not the effect of an occa- 
 sional writ of habeas corpus, but this condition is the natural 
 sequence of the permanent security which an effectual self-work- 
 ing judicial system, as based on the natural-constitutional 
 state-form (51), affords to individual liberty. When appeal 
 is allowed in criminal as well as civil cases, toward a Supreme 
 Court, from which is emanating a permanent supervision over all 
 the Courts of Justice and all the Public Judicial Officers of the 
 State without any exception whatever by means of the ever- 
 watchful officers representing the Laws of the State, viz., the 
 State's Attorneys and Attorneys-Genera], who are constantly 
 present at all sessions of the courts, conducting the prosecution 
 for crimes of all degrees, and watching all law-cases, in civil as 
 well as criminal proceedings, in behalf of the integrity of the 
 State's Laws, then it is obvious, that the jury can be 
 dispensed with ; that the examination of the accused and the 
 witnesses can safely be left to the court of judges, when the 
 loathsome treacherous cross-examination to credit shall cease 
 to profane the dignity of justice, and that no writ of habeas 
 corpus shall be found necessary here. However valuable political 
 institutions might have been, in former ages of less development 
 in judicial education, and less trustworthiness of magistrates and 
 
79.] THE PHILOSOPHY OF CIVILIZATION. [179 
 
 officers, they must give way before measures grown up on a 
 firmer moral basis of the social organism, or they will encumber 
 this natural growth, with its promising fruits of justice and 
 benevolence, and thus retard civilization. 
 
 Y. THE INTELLECTUAL AND MORAL ACTIVITIES or 
 INDIVIDUAL CO-EXISTENCE. 
 
 79. Civilization is a fact, and not merely a speculation on 
 certain relative conditions. This fact is the total outcome of the 
 individual co-existence, forming the social organism called State. 
 To arrive at the knowledge of the condition of a nation's civiliza- 
 tion, it is thus necessary, first to consider the social organism or 
 state as a whole, in its integral condition in relation to other 
 States, i.e., the State as a unit of the society of States, in the 
 co-existence of social organisms, and then to proceed with the 
 examination of the social organism in the modes of its integration, 
 through the co- existence of the individual units composing the 
 society. This method was observed above, in the delineation of 
 the sociological status with regard to external social life, the 
 co-existence of social organisms, as this appears in the contem- 
 plation of International Law (62-75), which was followed by the 
 closer investigation of the internal social life, the co-existence of 
 individuals, as exhibited in the Legislation and Jurisprudence 
 of the State, especially in the Code of Penal Law and Procedure 
 (76-'?8). We shall now continue and conclude this summary 
 enucleation of the data of civilization, contained in normal human 
 societies, by following up the social phenomena to their physi- 
 ological source, viz., the intellectual and moral activities of the 
 human mind ; thus recurring to the main propositions set forth 
 in the first and second chapters of this essay. 
 
 Science, Industry and Trade emanate from the intellectual 
 activities of the mind, but, as data of civilization, they merge into 
 moral ends. The moral feature of manual industry, before the 
 era of machinery, was the fostering of industrious habits in family 
 
180] THE PHILOSOPHY OF CIVILIZATION. [79. 
 
 life ; this the gregarious character of the factory system, when 
 left to the inevitable consequences of human rapacity, unchecked 
 by the moral senses, is tending to destroy, to the detriment of 
 civilization. When productive industry underwent the stimuli 
 which science brought on through machinery, beginning in the 
 eighteenth century with the improvements for spinning, and 
 steadily increasing in inventions for all branches of industry, 
 the effect upon manual labour was the absorbing of separate 
 domestic industry by the collective labour in large establishments. 
 The new devices for spinning with machinery, followed by 
 machinery-weaving, brought the whole of the textile fabrication 
 which was, as old as history, a household industry from the 
 country fireside to the great centres of manufacturing towns. 
 WORDSWORTH'S ideal of modest contentment in the picture of 
 his beautiful sonnet 
 
 ' ' Maids at the wheel, the weaver at his loom, 
 Sit blithe and happy" 
 
 was lost ; for it could ill fit the " mill/ 7 where the power-loom 
 is worked by steam, and the spinning machinery is watched by 
 overworked, ill-fed and ill-housed "hands." And this is the case 
 also with other branches of former domestic labour. The private 
 industry of little shops, which might be started with such amount 
 of capital as a thrifty artisan could save out of his wages, is in- 
 competent against the competition of the factories. The shoe- 
 maker's shop, the shop of the blacksmith, the wheelwright, the 
 carpenter, the cabinet-maker one may still see them, in their 
 modest exhibition of products, but the sphere of these household 
 industries becomes more and more limited. The greater propor- 
 tion of boots and shoes, and products of all other manual industry, 
 are turned out by the large establishments, working by the aid of 
 machinery, and constantly augmenting. 
 
 With the reign of machinery began the labour question, 
 which culminated in hatred and strikes and communistic prop- 
 aganda ; the effect of which, through the tardy comprehension of 
 
79.] THE PHILOSOPHY OF CIVILIZATION. [181 
 
 the principles of State-socialism (77), has not yet been counter- 
 balanced and neutralized by the remedies of trades' unions and 
 co-operation. But the cause of the evil which degenerated the 
 social condition, when these great changes in the industrial 
 organization of society occurred, must not be looked for in the vast 
 increase of man's productive power, for this is the material basis 
 of civilization, and, in itself, a blessing to society, as it is the 
 outcome of the natural development of human intelligence, and the 
 consequence of scientific culture and free trade ; it is to be found 
 in the disproportionate increase of the material, in overwhelming 
 superiority to the moral element of civilization. The introduction 
 of machinery had entirely changed the condition under which 
 manual labour was procured ; the monopoly of work was 
 henceforth the capitalist's, as the enormous outlay of funds 
 needed for the establishment of factories, necessitated the accu- 
 mulation of capital, vastly in excess of the average possessions of 
 the individual. When industry was carried on in private 
 establishments, any intelligent and industrious workman might 
 strive to accumulate, besides the means for sustaining life, enough 
 to lay by, with the reasonable prospect of setting up a business of 
 his own. Habits of thrift, which kept debauchery aloof, brought 
 on a moral boon, even when the material ends aimed at were not 
 always attained. Here human labour was free, and competition 
 a healthy emulation between socially free powers, with no need 
 of other capital or resources than intelligence, combined with 
 a frugal, industrious life of self-improvement. Here the moral 
 element could control the baneful tendency of purely material 
 progress ; but now, as the war of competition between the great 
 factories is going on, national and international, and raging fiercer 
 and fiercer, there are heart-burnings on the part of the producing 
 labourers, and growing animosity between the elements of 
 civilization ! 
 
 And yet, the inequality of social conditions, which is the 
 natural stimulus of civilization (p. 146), is not the cause of the 
 
182] THE PHILOSOPHY OF CIVILIZATION. [79. 
 
 antagonism of the working man towards the capitalist, not even 
 the social abnormality of a few very rich employers and the 
 multitude of extremely poor labourers, for all this could be 
 mitigated if emulation had a fair chance ; antagonism originates 
 with the despondent views of the industrious, intelligent workman, 
 that his social condition of hand-to-mouth existence is despairingly 
 permanent. The position in which intelligent labour, combined 
 with moral conduct, stands at present in society, is not alone that 
 of an unprotected social condition, but it is also manacled by the 
 political theory of laisser faire ; the doctrine of "negative state- 
 action/' whose teaching is, that to leave a life competition "free" 
 between two vastly unequally equipped forces of the State, for 
 the fostering of communistic hatred, to be followed by the forcible 
 suppression by arms, is the height of Political Wisdom. 
 
 The fault does not lie with the genius of human intellect, 
 which is teaching, more and more, how to use the treasures of 
 Nature's forces in behalf of mankind, for it causes and per- 
 petuates the natural development of the material element of 
 civilization, but with the social disease, which is now seriously 
 threatening civilization, the fatal preponderance of the rapacity of 
 the selfish animal nature of man, which, stimulated by the fierce 
 war of material competition, will soon be developed beyond the 
 usual strength of the moral senses, if not met by efficient measures, 
 through the judicious combination of justice and benevolence in 
 the leading minds of society. Instead of rational, practical 
 treatment of the evils of society, statesmen and philosophers and 
 leading economists have none but their quack medicine for all 
 social maladies the incantation of their magic formula : "laisser 
 faire, laisser aller!" The moral element is left unsupported, 
 but free scope to the animal nature is the result of the negative 
 state-policy. 
 
 Yet, notwithstanding the obstruction caused by this laisser 
 faire indifference, earnest efforts "ure being made, with more 
 or less success, in Europe and America, by the leaders of moral 
 
79.] THE PHILOSOPHY OF CIVILIZATION. [183 
 
 civilization, in respondence to their moral senses, to counteract the 
 baneful influences of gregarious labour in factories, through 
 regulations based on justice and benevolence, by which the 
 material conditions are adjusted to moral ends.* 
 
 The rational activities of the social co-existence of individuals 
 take different forms of mental products, which constitute the 
 material basis of civilization, and are distinguished by the general 
 appellations Science, Industry and Trade, in conformity with the 
 prominence of mental culture or physical activity, or both. These 
 are the intellectual activities, which spring from the development 
 of Physical Truth in the mind (30), forming thus the physical 
 or material element of social life, and which, when stimulated 
 by the moral senses, co-operates with the moral element of society 
 in the development of civilization. The material element is the 
 consciousness of the mind, based on the recognition of the 
 relations between pleasures and pains, and resulting in the 
 intelligent adaptation of means to ends, on that basis, while con- 
 sciousness of the good, through the impulses of the moral senses, 
 conscience and sympathy i.e., the moral sentiency of man 
 form what we call the moral element of civilization (39-41). 
 
 ^Esthetics. The Arts. Between the two above-delineated 
 conditions of social activities, resulting from the physical and 
 moral nature of man, viz., the culture of mere intellect, through 
 
 * In England, where the abnormalities of this material social development 
 were strongest felt, the passage of Lord Ashley's bill through the British 
 Parliament, in 1833, established the first system of Government inspection 
 of factory-labour. 
 
 With regard to the effect produced on the working population and 
 general morality by gregarious labour in factories, and the consequent 
 necessity of positive State-action, we must refer here to the struggle 
 for labour-legislation in Great Britain, from the efforts of ROBERT OWEN 
 and SIR ROBERT PEEL and his son, down to the " Factory-Acts Extension 
 Act of 1867." The mischief to which the materialistic theory of laisser 
 faire which does not take into account the moral result of special social 
 conditions could lead, is effectually illustrated in the Autobiography of 
 R. D. OWEN, Threading My Way, and in Messrs. J. M. LUDLOW and LLOYD 
 JONES' joint essay on the Progress of the Working Class. To this may be 
 added the Report of Mr. ROBERT BAKER, one of the Inspectors of Factories, 
 1864, and last not least chapter vii. of the DUKE OF ARGYLL'S Reign 
 of Law. 
 
184] THE PHILOSOPHY OF CIVILIZATION. [79. 
 
 empirical science, and the purely moral development of the mind, 
 through the moral senses, lies the medium condition of moral- 
 intellectual development,, called the cesthetic quality of the mind. 
 This is the mental faculty to conceive the good and the beautiful 
 combined, and to reproduce the subjective conception thereof into 
 objective products of the Arts, in plaster or paint, in poetry 
 or music. Nature is immersed in beauty, but our taste and 
 appreciation remain dormant, our aesthetical vision remains dim and 
 unintelligent, if the mind cannot perceive with moral feeling. 
 Like reason, to become common-sense, so taste, to be aesthetic, 
 must be inspired by the moral senses. Then only the office of 
 the Fine Arts becomes the education of the people. Like the 
 great thinkers who inspire, through their philosophy, the 
 popular writers, and through these, the multitude, who, though 
 scarcely knowing their names, yet form thoughts and customs 
 after the impulses emanating from the great master-minds, so 
 shall the culture of the beautiful, ennobled by the good, through 
 the combination of intellect and feeling, mould the popular taste 
 for the development and progress of industry in all its branches. 
 The power which the fine arts, poetry and music exhibit, 
 in the impulses given to the development of intellect and taste, is 
 due to the culture of the moral senses, for when the mind is 
 morally developed, intellect and judgment are ennobled, habits 
 and taste are refined ; all being moulded after the inspiration of 
 the good. When intellectual culture has formed the tone of the 
 mind for the systematical combination of proportions, which 
 constitutes the beautiful, the moral senses seal the verdict that 
 only what is good can be true and grand. Then the moral and 
 intellectual powers of the mind are united, the aesthetic element 
 forming the link between physical truth and moral truth, between 
 the material and moral element of civilization, and the effect, in 
 the civilized society, is conspicuous in the combination of material 
 means with moral ends ; which is the manifestation that the Moral 
 Law of Nature is the motor of Civilization (39-41). 
 
80] THE PHILOSOPHY OF CIVILIZATION. [185 
 
 80. The vastness of the field to explore, under this section 
 of the Intellectual and Moral activities of Individual Co-existence, 
 makes it necessary to mark out our course with discrimination 
 and clearness. "We have therefore divided the subject-matter 
 into sub-sections, under the following heads, viz : 
 
 GOD. 
 
 CHRIST. 
 
 The DIVINE SPIRIT in the Universe, the Moral Element in 
 Nature, the basis of 
 
 ETHICS. Absolute Ethics and Relative Ethics. The Moral 
 Senses. 
 
 RELIGION. 
 
 The CHRISTIAN FAITH. 
 
 MAN'S PLACE IN NATURE ; the Christian Duties of Society form 
 the Test of Civilisation. 
 GOD. 
 
 The Spirit of Creation. Scientific manifestations of the 
 Creator's work. It is to matter and force, empirical science insists, 
 that all phenomena must be traced. The Cosmic Philosopher, 
 with his speculations on the nebula systems, must, if he 
 wishes or not, go to the physicist to corroborate his " mechanical 
 theory" of the universe, and it really looks as if the laboratory 
 has to say the last word. But yet, chemistry with artificial 
 evolution forced on it, fails to support the "mechanical theory" 
 versus Life. The laboratorium can produce a complicated mole- 
 cule, by employing some twenty distinct chemical and physical 
 processes, under a temperature where life is an impossibility, but 
 this product is not even " dead white of egg," much less living 
 protoplasm or moneron, the simplest living cell. 
 
 Not Hackers calling the moneron but "primeval slime" 
 and " individual lumps of albumen," nor Mr. Herbert Spencer's 
 proposition that the lowest living things are not, properly speaking, 
 organisms at all, for they have no distinctions of parts, no traces 
 of organisation,* can give any relief to the disappointment 
 
 Principles of Biology. Vol. I., p. 482. 
 
186] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 caused by the credulous assumptions of those who believe in 
 "artificial evolution" The microscopical lens, of which the 
 power is immensely increased by latest contrivances, shows too 
 plainly complexity and structure in both the animal and vege- 
 table cells, to admit of any link of artificial production between 
 matter living and matter not-living. Giving names to its ultimate 
 cells is not explaining the mystery of Life nor the working of the 
 Motor of Evolution. The physical and biological truths, revealed 
 by modern improvements of the microscope, bring to light the 
 utter incompatibility of HackePs definition of the animal ovum as 
 " a little lump of albumen, in which another albuminous body 
 is enclosed/' the "nucleus." Truly, of this savant can fairly 
 be said what Darwin said of Mr. Mivart : "I conclude, with 
 sorrow, that, though he means to be honourable, he is so bigoted 
 (with ' Darwinism ') that he cannot act fairly." * But the 
 light thrown by the lens is impartial ; the minute nucleus, the 
 " little lump of albumen" of the minutest organisms, often not 
 more than one tenth part of the infinitesimal body itself, is now 
 proved to undergo profound structural changes which precede all 
 the great cyclic changes of the organism as a whole. The 
 nucleus is the centre, in fact, of all the higher activities of the 
 least and lowest infusoria ; and is the centre of most delicate but 
 clearly demonstrable structural changes, f 
 
 Nature does not admit the small to be insignificant nor the 
 great to be marvellous. Her unit is the constituent of the atom. 
 
 The elements that make up the living structure of organisms 
 are the most common substances in nature ; carbon, hydrogen, 
 oxygen, nitrogen are well known in all their qualities; the 
 question is only how the elements that make up protoplasm can be 
 so combined as, by their combination, to acquire the properties of 
 that which lives, and so we are not the less puzzled with regard 
 to the mystery of life. Life in its structures and qualities is so 
 
 * " Life and Letters of Ch. Darwin." Vol. III., p. 145. 
 f Journal Roy. Micro. Soc. Presid Address, 1886. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [187 
 
 utterly unlike, and sharply marked off, from what is not-living, 
 that, at the present stage of human knowledge, biology gives no 
 clue as to the origin of life without the postulate of a creative 
 power. Can the not-living, without the intervention of living 
 things, by any process of science, be changed into that which 
 lives ? Science answers : " life originates in life only." " The 
 properties of- living matter, says Professor Huxley, distinguish it 
 absolutely from all other kinds of things, and the present state of 
 our knowledge furnishes us with no link between the living and 
 the not-living/'* Sir Henry Roscoe, President of the British 
 Association, an acknowledged authority on the subject of chemis- 
 try, in his recent address, says : " But now the question may 
 well be put. Is any limit set to this synthetic power of the 
 chemist ? Although the danger of dogmatizing as to the progress 
 of science has already been shown in many instances, yet one 
 cannot help feeling that the barrier which exists between the 
 organized and the unorganized worlds is one which the chemist 
 sees no chance of breaking down. It is true that there are those 
 who profess to foresee that the day will arrive when the chemist, 
 by a succession of constructive efforts may pass beyond albumen 
 and gather the elements of lifeless matter into living structure; 
 but whatever may be said regarding this, from other standpoints, 
 the chemist can only say that, at present, no such problems lies 
 within his province. Protoplasm, with which the simplest mani- 
 festations of life are associated, is not a compound but a structure 
 built up of compounds. The chemist may successfully synthesize 
 any of its component molecules, but he has no more reason to 
 look forward to the synthetic production of the structure than to 
 imagine that the synthesis of gallic acid leads to the artificial 
 production of gall-nuts."f 
 
 The persistent motive power, called the Spirit of Creation, 
 which, " in the beginning, " gave the first impulse to the 
 
 * Ency. Brit. Art. Biology. Vol. III., p. 679. 
 
 t Sir H. E. ROSCOE. Address before the British Association at Manchester. 
 August, 1887, 
 
188] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 homogeneous cosmic nebula (pregna.nt with all the germs of 
 universal development) is manifested here as the motor in the 
 evolution of the inorganic and not-living into living matter, 
 by the operation of the same persistent creative power which 
 acted at the outset, carrying on, without discontinuance, the 
 evolution process, by natural laws prirnordially inaugurated. 
 Thus the primordial germ of life on Earth originated, by the 
 ever working Spirit of Creation, at a time when, in the scale of 
 evolution, the highest point of development of the inorganic, 
 the not-living, was reached and the stage of organic nature 
 was to set in. This is the first break in the chain of natural 
 evolution development, bridged over by the conspicuous mani- 
 festation of the Spirit of Creation. 
 
 How this was brought about and how evolution got over its 
 dead-points is not demonstrated by empirical science. The 
 link between the inorganic and the organic is not yet explained, 
 not more than the question with regard to matter, and force and 
 the problem of mind. 
 
 Three mysteries elude and, so long as the human intellect 
 remains in its present state of development, will constantly 
 elude the grasp of physical science : they are, the mystery of 
 life, as noted afore, the mystery of matter and force, and the 
 mystery of the human mind. They all belong to the one great 
 mystery of Creation. 
 
 Matter and Force have been partially explained as bases 
 of phenomena, through their effect on our physical senses, 
 by which certain physical laws have been defined and com- 
 prehended by human intelligence. It is from this partial 
 experience that physical science insists that to matter and force 
 all phenomena must be traced (p. 3). They constitute the 
 primary manifestation of Creation, but we are not therefore to 
 infer that matter and force are the only realities in the 
 universe. Professor Stokes says : Admitting to the full as 
 highly probable, though nob completely demonstrated, the 
 
80] THE PHILOSOPHY OF CIVILIZATION. [189 
 
 applicability to living beings of the laws which, have been 
 ascertained with reference to dead matter, I feel constrained, 
 at the same time, to admit the existence of a mysterious some- 
 thing tying beyond ; a something sui generis, which I regard, 
 not as balancing and suspending the ordinary physical laws, 
 but as working with them and through them to the attainment 
 of a designed end. "What this something, which we call life, 
 may be, is a profound mystery. . . . When from the 
 phenomena of life we pass to those of mind, we enter a region 
 still more profoundly mysterious. We can readily imagine 
 that we may here be dealing with phenomena altogether tran- 
 scending those of mere life, in some such way as those of life 
 transcend, as I have endeavoured to infer, those of chemistry 
 and molecular attractions ; or, as the laws of chemical affinity, 
 in their turn, transcend those of mere mechanics. Science can 
 be expected to do but little to aid us here, since the instrument 
 of research is itself tKe object of investigation. It can but 
 enlighten us as to the depths of our ignorance and lead us to 
 look to higher aid for that which most nearly concerns our well- 
 being. " * 
 
 Matter did not exist, in the homogeneous primordial 
 cosmic cloud, in the nature in which it now presents itself 
 to our physical senses as the structural essential of phenomena. 
 The present groundwork of Creation on Karth is the result of 
 Evolution, worked out by Force, from which originates Motion. 
 Force appears as matter affected by Motion, i.e., as Modes of 
 Motion. This Motion is brought into action by a Creative 
 Power, which determined the external motion, by modes of 
 motion transcending the human power of conception (32). 
 We are thus conscious of the Creator through the Forces in the 
 universe, not by comprehending the creative actions and the 
 Motor of Evolution, but by the effects of the creative power, 
 perceivable in Nature through our physical senses, working out 
 
 * Presidential Address to the British Association at Exeter, 
 
190] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 the conviction on our Moral Senses; which conviction, thus 
 consolidated, constitutes Faith (26, p. 33). 
 
 "Any finite mass of diffused matter, even though vast 
 enough to form our whole sidereal system, if it were of 
 absolute sphericity, absolute uniformity of composition and 
 absolute symmetry of relation to all forces external to it," 
 would be homogeneous and eternally incapable of change.* 
 The primordial nebula or cosmic cloud, being denuded of 
 energy and motion, was consequently simply dimension in 
 existence, infinitely powerless and inert, without any other 
 qualities or phenomena. When what is now called matter 
 became a compound of this primordial nebula, through the 
 introduction of energy by the Motion caused by the external 
 Power, as above said, it also became divisible into molecules 
 and substance. These are the chemical " elements," known to 
 empirical science, and their introduction in the universe is 
 what we postulated above as the First Sttige in Creation (p. 7). 
 
 " We must not refrain, says Mr. Herbert Spencer, from 
 dealing with matter as made up of extended and resistant 
 atoms." f But " if you ask the naturalist, says Prof. Tyndall, 
 
 whence is this matter who and what divided it 
 
 into molecules ? ... he has no answer." J The answer 
 might be given, as appropriately as empirical science is able. 
 Mr. Crookes' splendid analysis gives a clue as to how the 
 cosmic nebula was evolved into matter. He observed that 
 matter (the " elements" of chemistry) was built up from a 
 primitive element which he calls protyle or " first stuff," out of 
 which the chemical elements were evolved. From the presence 
 of this protyle it is conclusive that the chemical elements, as we 
 know them, are not simple and primordial ; that they have not 
 arisen by chance or been created in a desultory and mechanical 
 manner, but have been evolved from simpler matter, or, 
 
 * HERBERT SPENCER. " First Principles," i p. 407. 
 
 f" First Principles," p. 176. 
 
 J " Fragments of Science," Vol. II., P.J396. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [191 
 
 perhaps indeed from one sole kind of matter." * This protyle 
 or first principle of matter, is more complex than the atoms of 
 the " etherical" or homogeneous nebula, the cosmic cloud, the 
 infinite primal nebula, from which (in conformity with the 
 " cosmic nebula- theory" of Kant and Laplace) the worlds are 
 evolved. Consequently protyle is also a product of evolution 
 through force. 
 
 Forces are Modes of Motion, originated from the original 
 impulse of the primordial Cosmic Motor, and, having served to 
 evolve Matter, are consequently primogenial to Matter and 
 elemental to it, so that Matter could be called consolidated 
 Force (p. 7). 
 
 On this proposition the hypothesis could be formed, that, 
 as matter has been evolved through motion caused by force, 
 and thus enclosing force as potential energy, Gravitation, 
 which is the ever constant affection of matter in motion, is 
 the result of that primordial potential energy being transformed 
 into Motion. It is manifest that our idea of matter is built 
 out of our experience of force. f To demonstrate matter, 
 science is compelled to do it in the terms of force or motion, 
 and the presence of natural or phenomenal force can only be 
 manifested through evolution, i.e., through motion in matter, 
 which we call development. 
 
 Thus development is Motion, and Motion originated from 
 the Primordial Cosmic Power we called Spirit of Creation. 
 If thus professor Tyndall asks : Whence this matter ? the 
 question is supplemented by asking: Whence that Motion? 
 What is this matter which imprisons Force ? Whence that 
 Power from which Force originated to evolve Matter ? To 
 answer these questions the human mind should be able to 
 cover a range that far transcends all sequences of physical 
 phenomena, and enter into the domain of the unseen universe ; 
 
 * " The Genesis of Elements" Lecture at the Koyal Institution. (Reprint, p. 2.) 
 f HERBERT SPENCEK. "First Principles," 167. 
 
192] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 whence the Supreme Creative Power, outside and far beyond 
 all that we can contemplate through our physical senses, is 
 manifested by the visible universe. 
 
 All physical phenomena are different groupings of matter 
 through force, under different appearances, or like the pheno- 
 mena of light, heat and electricity, the results of modes of 
 motion- but motion can begin in force only. The modes of 
 motion that produce the varied phenomena are balanced by 
 a general dynamic law, called the conservation of energy or 
 persistency of force. This means, that different forces or modes 
 of motion are interchangeable, viz : light may go over into 
 heat, heat may become electricity, without there being any 
 loss of energy, which can neither be diminished nor increased 
 in the present system of Creation, so far, at least, as science 
 has been able to conclude. The vast amount of energy which, 
 under the form of light or heat, radiates from the suns into the 
 endless space is not lost but remains potential in the ether, and 
 is returned by friction to the revolving bodies in their career 
 through the etherial medium. 
 
 This transformability of forces shows their common origin 
 from one potential Energy, the primordial power of the Spirit 
 of Creation. This persistent or indestructable Energy is the 
 unity of all the activities of the visible and the unseen universe. 
 The existence of this Power is conspicuous in the breaks in the 
 chain of the natural evolution-process which science is unable 
 to bridge over. As stated before, we find that the researches of 
 science, in subtile and minute deductions, have proved that the 
 so-called chemical elements are composed or evolved from the 
 more primitive elements, "protyle" or "first stuff." The evolu- 
 tion-process thus begins with the development of the primordial 
 protyle out of the homogeneous cosmic nebula into the seventy 
 different chemical elements ; carrying Nature, through all the 
 stages of creation, to the Moral-Mental Organism of Man 
 (3-6). All is clear to the evolution and mechanical theory, 
 
80J THE PHILOSOPHY OP CIVILIZATION. [193 
 
 but the links between these stages are yet wanting to bridge 
 over the breaks in the process of creation on Earth. 
 
 To complete now this system of mechanical evolution, 
 Cosmic Philosophy is bound to acknowledge, as necessary 
 postulate, an original motive power, working from outside the 
 inert nebula cloud, to set it in motion and keep the machine 
 going. It is evident that the most perfect mechanical contriv- 
 ance thinkable, based on the completest dynamical principles, 
 is dependent for action on the conservation of the primitive 
 impulsive force ; to get through the dead-points, caused by the 
 gravitation of atoms, the impulsive propelling energy must be 
 continuous, in order to counteract the persistent tendency of 
 gravitation to stability and inertia. 
 
 "We have thus seen the physical necessity of this Primordial 
 Power or Motor, for the originating of motion, i. e. to set the 
 cosmic evolution process agoing ; but, not less impressively, the 
 study of natural science teaches the necessity of the continuous 
 persistency of this Power in Nature as the Motor of Evolution, 
 conspicuous in the bridging over of the breaks in the evolution 
 career of Nature. Nay, more, if the theory of evolution, as 
 taught by Herbert Spencer and Charles Darwin, be true, this 
 theory is the living testimony that the creative Power of God 
 was not alone necessary "in the beginning" but is yet ever 
 continuous and irrefragably constant in the universe. In every 
 vibration of atoms, in every phenomenon, from the first 
 grouping of protyle into atoms of matter and the quickening of 
 vital energy, through all the stages of creation on Earth, to the 
 loftiest thoughts of the moral-intellectual mind, the Motor of 
 Evolution is necessarily acting in direct relation to this Pri- 
 mordial Power, that gave the first impulse to creation. 
 
 Through the persistency of the energy of this Power, 
 from which arrived the first impulse " in the beginning," 
 thrilled the stupendous incoherent mass of the homogeneus 
 cosmic nebula, from its inert equilibrium stability into hetero- 
 
194J THE PHILOSOPHY OF CIVILIZATION. [80 
 
 geneous atoms of matter. Then began development through 
 Motion ; the same Energy, carrying on the evolution-process 
 over the vast structural difference of the first break in Nature, 
 between the not-living and the living, throbs forward into 
 the developing struggle of organic life; this struggle to be 
 transferred from the vegetable into the animal life over the 
 second break. Further and further on it works over the third 
 break, i.e. the moral-mental dissimilarity between man and 
 the lower animals, which consists, physically, in the difference 
 of the concomittants of thought in the brains of man and those 
 of the lower animals, and morally, in the deep chasm which 
 exists between the selfish instinct of the dumb animal and the 
 moral-mental organism, with its moral senses, conscience and 
 sympathy, of the self-conscious speaking man. 
 
 For all these riddles with regard to the breaks, where 
 science cannot find the links in the evolution-process, there is 
 only one solution, viz : the persistent energy of the Motor of 
 Evolution. In this persistency of energy, through all stages of 
 evolution, consists the congruousness of the cosmos, and therein 
 is the manifestation of the intelligent cause the primordial 
 cosmic force to be found. 
 
 "We have now considered, scientifically, the continuity of 
 the natural evolution-process on Earth, from the first impulse 
 of that inscrutable Power, we call Spirit of Creation, on the 
 production of the visible universe to the production of life, the 
 consequent production of animals and man, and, finally, of the 
 moral-mental organism on Earth. We have thus contemplated 
 Nature's miracles, as the most clear indications of the Creator's 
 work. The breaks, occasioned by the missing links, which 
 less conscientious scientists than Wallace, Darwin and Huxley 
 pass over with obvious sans-genes, are recognised by these 
 foremost advocates of the evolution theory, as unaccounted for 
 through their theory of evolution, as explained by Darwin and 
 his followers. They .have simply confirmed the breaks and 
 
80] THE PHILOSOPHY OF CIVILIZATION. [195 
 
 allow them to remain unaccounted for. But these breaks, we 
 may safely admit, are so many occurrences in Nature where the 
 Creator is made manifest to humanity. 
 
 Thus, by diligently investigating Nature's work by the 
 light of physical science, we find the avenues leading to God. 
 
 Motor of Evolution. With life, the basis of organism, the 
 development of the living organism sets in, through the Motor 
 of Evolution, acting on the coincidence of atoms and molecules, 
 when these are in the precise position for combination and 
 general development. It is not only impossible for empirical 
 science to disprove the existence of the Motor of Evolution, but 
 it is also bound to admit that the coincidences which produce 
 the conditions adapted to " natural selection " plainly indicate a 
 power, " a something sui generis, lying beyond," which could 
 not be better defined than by the term Motor of Evolution. 
 
 This is the same energy which originated the modes of 
 motion, "in the beginning;" which caused the collision of 
 molecules in the most favourable conditions, adapted to form 
 isomeric molecule compounds from the nebula atoms, and assist- 
 ed in the formation of chemical compounds ; so that, when the 
 first and germinal molecule was formed, this had at once the 
 property of assisting the further formation of its like, nobody 
 knows why. This is the mystery which is called the " evolution 
 of non-organic matter," the " affinities " which form the 
 elements into the beautiful and wonderful crystalline forms; 
 the " motions in matter " by which the elements manifest that 
 there is a living power, working among their atoms, which 
 links the evolution of matter from non-life into life, nobody 
 knows how. 
 
 This permanent Energy, called Motor of Evolution, which 
 appears now passive, now active, potential or kinetic, does 
 every thing in the universe, organic and non-organic. Gravity 
 is the result of its originating action on the Cosmic Nebula, 
 creating the Mechanical Fores. Chemical Forces, the qualities 
 
196] THE PHILOSOPHY OP CIVILIZATION. [80 
 
 of atoms, are its work, by evolving the "protyle" into " ele- 
 ments " binding together particles of atoms into cohesion, or 
 resisting their attraction, through contracting and identifying 
 molecules, atoms undergoing changes in their relations, 
 through combination with other atoms. Producing now action, 
 now reaction, by binding forces in atoms or releasing them into 
 motion through " transformation of energy," the Motor of 
 Evolution fabricates all forces, called mechanical, chemical, or 
 otherwise, and manifests design in the evolution-process, by 
 employing all these forces for the formation of Species, by evolv- 
 ing Variations in the conditions of organisms. 
 
 All changes in evolution are due to motion, but to an intel- 
 ligent motion, going over an ever improving scale of species ; so 
 that, as one species is transformed into another species of a 
 higher grade in the scale of development, a species which has 
 once served as a step to development, passes from the Earth, 
 never to occur again. And though abnormal conditions may 
 sometimes retard the development, in special cases, causing 
 the appearance of a retrogressive evolution, the tendency of the 
 Motor of Evolution is ever pointing towards perfection. 
 
 Science versus Theism. The materialistic cosmic-philo- 
 sopher does not start with the real beginnings of the cosmos, 
 but takes up a process already initiated, by means about which 
 he entertains no opinion ; and yet, he cannot possibly do without 
 causes and beginnings, and, while he ignores an intelligent 
 Ultimate Cause, he forgets that this unknown " cause " is 
 already admitted in his philosophy as a reality, as an activity 
 and really originating power ; which he would simply call the 
 "Creator/' if he could only shake off the prejudices of mate- 
 rialistic dogmatism. 
 
 We have seen that Science is the supporter of an 
 intelligent Motor in the Universe, of an intelligent Motor of 
 Evolution ; by what right now does Atheism assume the name 
 of Science ? Science does not breed atheism ; from what we 
 
80] THE PHILOSOPHY OF CIVILIZATION. [197 
 
 have seen empirically demonstrated, we must conclude that, 
 viewed in its proper light, free from materialistic supersti- 
 tion, Science will be found to point to the Creator, and to 
 Christ as the result of Creation on Earth. 
 
 By the fundamental law of dynamics, it is asserted that 
 the conservation of Energies in Nature is the outcome of their 
 mutual influence in transformability. This mutual influence, 
 as known by Newton's Law of Motions, viz : that Action and 
 Reaction are equal and opposite, is necessary for the con- 
 servation of the equilibrium of the physical universe and points 
 to an Ultimate Power, outside the direct reciprocal actions and 
 reactions, productive both of potential and kinetic energy, of 
 active and reactive motion. Like the touch of the loadstone, 
 causing the two opposite poles of the magnetic staff to come 
 into action, or, like friction producing the two kinds of opposite 
 electricity, it originates transformations of energy into the 
 "apparently constructing and destructing," composing and 
 decomposing Forces of Nature, which are necessary for the 
 maintenance of the equilibrium of the system of creation as a 
 whole. 
 
 The same primordial Power, which caused, by integration 
 of the diffused masses of cosmic nebula, this primordial gaseous 
 existence to be evolved into planets and satellites, is ever 
 working, as Motor of Evolution, over millions of millions of 
 miles, outside the pale of our universe, with the same forces 
 and energies as in our own body and mind ; yes, still going on 
 working, with the same master-fact, that called the first atom 
 into motion, and whirled out worlds in Creation. 
 
 " Natural selection" and "survival of the fittest," "in- 
 heritance of functionally produced modifications," " successive 
 changes of conditions through multiplication of effects," etc. 
 or whatever name might be given to the factors of organic 
 evolution, are all indications of the ultimate operative agent, 
 called Motor of Evolution. The suborganic instinct of plants 
 
198] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 and animals, for the adaptation to surrounding conditions, 
 manifests the existence of this creative power, which pushes on 
 the evolutionary process, causing the variations and adaptations 
 which science can assert. 
 
 Hackel, in his theory of j abiogenesis, pretends that the 
 organic comes out of the inorganic, as its adequate cause, by a 
 process similar to that whereby the molecules of dead crystalline 
 bodies assume regular form. With this physical explanation of 
 life, Hackel acknowledges no other activity in organic evolution 
 than the chemical and the mechanical. " The cell, he wrote to 
 the German Association in 1877, consists of matter, called 
 protoplasm, composed chiefly of carbon, with an admixture of 
 hydrogen, nitrogen and sulphur. These component parts, pro- 
 perly united, produce the soul and body of the animated world, 
 and, suitably nursed, become man." With this single argument 
 the mystery of the universe is explained, the Deity annulled 
 and a new era of infinite knowledge ushered in. Not to speak 
 of the crystalline-theory; for we all know what has become of 
 it, one cannot help observing, how easily some great ideogra- 
 phical scientists can manage to step over the most serious 
 physical problems. Some big terms, representing notions without 
 facts, like : " persistency of matter and energy," " correlation 
 of forces," dissipation of forces, etc. sufficiently explain all 
 Nature. But such arguments as Hackel' s are simply ideas, 
 not even logical ideas, and, by no means, scientific, much less 
 could this protoplastic ideography be the ultimate conclusion of 
 science. But the idea of ascribing to science the aspiration of 
 Atheism is conspicuously unscientific, for how could science 
 prove that there is no God, as long as science completely 
 ignores what matter is and whence motion comes. All what the 
 genius of the school of Hackel could teach us, is that there are 
 experimental matter and energy in the universe, and that, 
 combined, they produce peculiar structures. That is all; 
 nothing more than the child knows of the structure of his 
 
80] THE PHILOSOSPHY OF CIVILIZATION. [199 
 
 father's watch, when he can peep inside, and sees that "the 
 wheels go round." 
 
 With the same scientific claims, and not a whit less, as 
 the scientific atheist insists on the discarding from the visible 
 universe of all but what he can empirically test through his 
 physical senses, his antipode, the scientific spiritist, is filling 
 up the universe with a teeming host of spiritual agents, and 
 overdoes the work at the same rate as his materialistic antago- 
 nist. Both fall short from grasping the truth ; for this common 
 reason, that both follow a wrong track : the one by depending 
 solely on his intellect, the other by following the creation of 
 his imagination ; while both lack the Moral Senses, the sole 
 guidance to truth. 
 
 Dr. Thomas Young shows us the invalidity of the basis of 
 scientific conclusions, on merely materialistic views of experi- 
 mental matter. In his lectures on Natural Philosophy, he has 
 the following passage: "Besides this porosity, tliereis still 
 room for the supposition, that even the ultimate particles of 
 matter may be permeable to the causes of attractions of various 
 kinds, especially if those causes are immaterial ; nor is there any- 
 thing in the unprejudiced study of physical philosophy that can 
 induce us to doubt the existence of immaterial substances ; on 
 the contrary, we see analogies that lead us almost directly to 
 such an opinion. The electrical fluid is supposed to be essentially 
 different from common matter; the general medium of light 
 and heat, according to some, or the principle of caloric, accord- 
 ing to others, is equally distinct from it. We see forms of 
 matter, differing in subtility and mobility under the names of 
 solids, liquids and gases; above these are the semi-material 
 existences, which produce the phenomena of electricity and 
 magnetism, and either caloric or a universal ether. Higher still 
 perhaps, are the causes of gravitation, and the immediate agents 
 in attractions of all kinds, which exhibit some phenomena 
 apparently still more remote from all that is compatible with 
 
200] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 material bodies. And of these different orders of beings, the 
 more refined and immaterial appear to pervade freely the grosser. 
 It seems therefore natural to believe that the analogy may be 
 continued still further until it rises into existences absolutely 
 immaterial and spiritual. We know not but that thousands of 
 spiritual worlds may exist unseen for ever by human eyes ; nor 
 have we any reason to suppose that even the presence of matter 
 in a given spot necessarily excludes these existences from it. 
 Those who maintain that nature always teems with life, wherever 
 living beings can be placed, may therefore speculate with 
 freedom on the possibility of independent worlds ; some existing 
 in different parts of space, others pervading each other, unseen 
 and unknown, in the same space, and others again to which 
 space may not be a necessary mode of existence." 
 
 In contemplating the exposition of Nature's progression 
 from the formless moulded into form, from the inorganic to the 
 organic, from blind forces to instinct, from animal instinct into 
 the self-consciousness of rational intellect, and, finally, into the 
 morally as well as intellectually developed human mind, we 
 must necessarily admit a Motor of Evolution, as an independent 
 intelligent power, which causes this development of matter 
 and energy, through all stages, into the evolved moral-mental 
 organism of man ; forecasting, through this progressive 
 evolution, that perfect altruistic moral-mental development of 
 the perfect human being, which is the utmost consequence of 
 evolution, as represented by Christ when on Earth (26). Thus 
 science destroys Atheism, in the theory of natural evolution, 
 as this scientifically intelligible theory is naturally correlative to 
 the existence of an intelligent Ultimate Cause. 
 
 Design. Physics is essentially the science of the physical 
 senses. The chemist, from his standpoint, is bound to ignore 
 what he does not find in his crucibles and retorts, when analys- 
 ing the elements in their forms and combinations; and yet, 
 the stupendous discoveries achieved by physical science in our 
 
80] THE PHILOSOPHY OF CIVILIZATION. [201 
 
 age are so many revelations of the Creator's design in Nature 
 and form the most reliable forecastings of the future of man, 
 for by disclosing his origin they foretell his destiny. 
 
 Cosmogony, geology, palaeontology, physiology, and, above 
 all, the evolution theory, when disclosing the wonderful com- 
 binations of matter and energy, reveal the physical necessity 
 of development; this is the natural law of necessity, from which 
 follows the motive power of the world's mechanism and the pro- 
 duction of phenomena. This primordial necessity, causing the 
 process of continuous development of all and everything in the 
 universe, is the natural agent of the original design in Creation. 
 
 Astronomy, more than any other science, has rendered us 
 capable of conceiving the design, expressed in the law of gravi- 
 tation, which causes the majestic harmony of the cosmos. The 
 astronomer, when he sweeps the heavens with his telescope, 
 must come to the conclusion that reason demands a reasonable 
 purpose for the universe. As Mr. Herbert Spencer once said : 
 "We are ever in the presence of an Infinite and Eternal Energy, 
 from which all things proceed." * For chance there is no place 
 in Nature ; here all and everything proceeds from necessity, 
 and where is necessity there must be design, i.e., a determined 
 end to meet the necessity. This, both physical science and logic 
 teach us. Chance can never be congruous with necessity, for 
 necessity implies a definite want, while chance has no definite 
 cause or definite end, for if chance had an end it would not 
 be chance but a necessity required by the end. If necessity 
 exists in Nature, it is not chance that will meet it, but some, 
 also by Nature, prearranged, i.e., preordained, contrivance, in 
 conformity with the law of necessity; otherwise what would 
 become of the so-called " mechanical " order of the universe. 
 A mechanical system could not exist without purpose; chance 
 would be its destruction; it must work by a certain necessary 
 law, or not work at all. 
 
 * Nineteenth Century. 1884, 
 
202] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 Nothing thus gives better testimony of the existence of an 
 intelligent and provident design than a thoroughly mechanical 
 system. The mechanical system of the universe, as insisted 
 upon by modern science, is a mechanism of vast intelligent 
 design, postulated above as Motor of Evolution, with a pur- 
 pose we cannot comprehend. Gigantic mechanical contrivances, 
 continually but slowly and steadily moving, not alone in its 
 infinitely detailed branches, but also slowly but steadily chang- 
 ing its basis. The system of the universe is gradually changing, 
 and with it naturally the species of organic life. Not hazard 
 -or chance, but the necessary sequences of changing external 
 conditions, caused by the motive power of evolution, produce 
 the regular correlative to form the characteristics appertaining 
 to types of species. 
 
 Could now " natural selection" be mere chance, while 
 these external conditions are naturally and regularly originated 
 through the cosmic evolution process ? These are necessities 
 which exclude chance as indeterminate variability. 
 
 To matter and energy we can reduce all phenomena, but 
 behind these our intellect is, as yet, blind ; for here our physical 
 senses are of no avail. And when the highest point of inorganic, 
 the not-living, was reached in the process of evolution on our 
 globe, and a new power was to become active, i.e., the dead 
 matter to be quickened and life imprisoned in its shrouds to be 
 set free, to act as the powerful factor of organic evolution, 
 what great cause brought this on ? Following up the plainly 
 written history of creation, i.e., the growing process of Nature, 
 we come again and again to this question, for, again and again 
 we come to sharp breaks in the continuity of this chain of 
 evolution, for the solution of which we have no faculties at the 
 present stage of human mental development. As stated before, 
 we miss, in this concatenation of events, the links between the 
 non-living and the living, the inorganic and the organic, the 
 vegetable life and the animal life, the animal instinct of the 
 
80] THE PHILOSOPHY OF CIVILIZATION. [203 
 
 dumb brute and the intelligent consciousness of the human 
 being, endowed with speech and moral senses, which gradually 
 carried him, from the primitive state of the brutish materialis- 
 tic-egoistic mental condition of the savage existence, to the deve- 
 loped moral-mental organism crowned with the Christian Faith. 
 
 Whence this motive power, working wonders upon wonders 
 in the continuity of the chain of events on our globe ? Can science 
 give the solution ? Yes, says the Atheist, " It is all mechanical 
 force, following the necessity of law ! " "We are apt to smile con- 
 temptuously at the conceit of the half-civilized heathen, who 
 fancies he knows all about an engine, coming straightway from 
 the workshop of civilized intellect, with all its subtle and highly 
 elaborate workmanship, in which the smallest details or atoms of 
 power are balanced by the laws of mechanism ; his conceit jumps 
 at conclusions, with simply a superficial conception of the principal 
 pieces, through which the effects of the working are conspicuous, 
 but to his limited comprehension nothing is known of the prin- 
 ciples of the laws which underlie this rhythmical working. Such 
 is the attitude of the Atheist with regard to the great mechanism 
 of Nature's evolution process. Like the conceited half-civilized 
 child of Nature, he thinks he understands all creation, and sets 
 forth to dogmatise from a few apparently mechanical effects, con- 
 ceived through his short-sighted physical sense; and yet, he 
 claims science as his revelation ! 
 
 The potentiality and congruity of the universe, through all 
 its duration, were laid up for development " in the beginning/' 
 by the predetermined creative action of impulse, and from 
 " the beginning " up to this day, judged by the inference drawn 
 from scientific experience, the persistent energy of this Power 
 is ever constant in its mission of development; often incom- 
 prehensible to science, in 4ts present stage of progress, but 
 also often pouring forth its light on our path, and making clear 
 our course in the grand career of the human race on earth. 
 
 The germ cast at that awful "beginning" by the Creator 
 
204] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 into the boundless space, has proved capable of development. 
 In the natural process which science calls "evolution/' every 
 stage succeeds to maturity at its congenial time, through the 
 primordial persistency of the Creative Power, the Spirit of 
 Creation, infinite and " extending through all extent, as the 
 fountain of all beings." This is the Motor of Evolution. Every 
 contrivance of Nature, ever investigated as natural phenomenon, 
 proves this assertion, and, at all the " stages of creation," 
 when a new " factor of evolution " is evidently indispensible to 
 explain the link between a lower and a higher stage of develop- 
 ment, the modes of Nature's motions are not comprehensible 
 to the human intellect, without the admittance, in the logical 
 course of reasoning, of the active agency of -this inscrutable 
 Energy as Motor of the process of Evolution on our Globe. 
 
 11 Belief, says Professor Huxley, in the scientific sense of the 
 word, is a serious matter and needs strong foundations. To say, 
 therefore, in the admitted absence of evidence, that I have iny 
 belief as to the mode in which existing forms of life have origin- 
 ated, would be using words in a wrong sense. But expectation is 
 permissible, where belief is not; and if it were given me to 
 look beyond the abyss of geologically recorded time to the still 
 more remote period, when the earth was passing through physical 
 and chemical conditions, which it can no more see than a man can 
 recall his infancy, I should expect to be a witness of the evolution 
 of living protoplasm from not-living matter."* 
 
 Professor Huxley's opinion, as expressed in this " expecta- 
 tion," with regard to the genesis of life, amounts to the pro- 
 position : that it is at the present stage of the cosmic 
 evolution-process as much possible for chemists to create life 
 from not-living matter, as it could have been possible for any 
 rational being to stand, as a living spectator, at the stage of 
 the pre-geological era, watching how the process was going on 
 of evolving living protoplasm from not-living matter, while 
 
 *" Critiques and Addresses," p. ^39. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [205 
 
 the primordial germ, from which his own braiiis were to be 
 developed, was in process of construction. 
 
 Thus, with suitable design, different agencies have been at 
 work at different eras of creation, in the world's history, and 
 through forces not now in operation within the present range 
 of our experience. Not alone the organic structure of life, but 
 metals, arid some material compounds, of which the composing 
 elements are known, elude, at present, all attempts at chemical 
 synthesis ; the time and congeniality of the agencies which 
 brought about their development or construction have passed 
 away, and as these agencies were neither mechanical nor 
 chemical, they cannot be put in action by man. 
 
 From the foregoing it is obvious that, besides the dynamic 
 and chemical relations of matter, that is, besides the affection 
 of atomic matter with any amount of mechanical motion, 
 there exists an all-pervading energy behind this mechanical 
 action of the world's evolution ; while it is clear that the 
 so-called material philosophy, with its mechanical system of 
 creation, is incomplete, and thus, by itself alone, insufficient to 
 explain the cosmic evolution process. 
 
 Such incompleteness is observable in Mr. Herbert Spen- 
 cer's definition of evolution. " Evolution, says he, is an 
 integration of matter and coucommitant dissipation of motion, 
 during which the matter passes from an indefinite incoherent 
 homogeneity to a definite coherent heterogeneity and during 
 which the retained motion undergoes a parallel transformation/'* 
 
 It is obvious that all this is merely the effect of the evolu- 
 tion process ; how the motion originated is left not alone unex- 
 plained but also unobserved ; the same with regard to the power 
 that determined motion, primarily, to change the homogeneous 
 mass into hetergeneous matter, which, without this power, 
 the originator of primordial motion, would have remained 
 eternally in equilibrium, incapable of change. And the same 
 
 * First Principles, p. 396. 
 
206] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 omission of cause occurs again with regard to Mind and 
 Matter. " Nothing," says Mr. Herbert Spencer, " can be with- 
 in the whole realm of thought severed by a wider interval 
 than consciousness and thought on the one hand and matter on 
 the other."* This entire and unqualified difference between 
 mind and matter does not allow of mind being evolved from mat- 
 ter in the process of evolution, without the help of $in outside 
 power, a postulate, which is able to constitute the self-conscious- 
 ness, which, instead of being evolved from motion on matter, 
 can create motion, through a Free Will, which knows thnt it exists. 
 This power, as we have seen before, is the originative power of 
 creation, the origin of the first cause of evolution, and is 
 manifested by mind and self-consciousness and free will, which 
 are the highest manifestations of the Creator on Earth. 
 
 To human common sense any belief or expectation, what- 
 ever, is superstition, when the conception is not based on 
 natural phenomena ; no power is in existence which has not its 
 manifestation in Nature. )n these premises our Faith is based. 
 
 From manifestations in Nature we know design, which is the 
 appropriate action of the forces of Nature, but, like these forces, as 
 yet a mystery to Science. We are conscious of design under two 
 aspects, viz: as the objective design of the Motor of Evolution, (the 
 primordial motion described on page 195, et seq.), which under- 
 lies the physical factors of organic evolution, and as the subjec- 
 tive design of individual organisms, conspicuous in the inclinations 
 and " habits" of plants, the instincts of animals and moral will 
 of man ; these are so many manifestations of the modus operandi 
 of the Motor of Evolution, in the individual adaptation or modi- 
 fication of structures in species. (See Introd., page XVIII). 
 
 Design in Nature is thus manifested by the power of adapta- 
 tion, conspicuous in all organisms, even in plants, as we see in 
 the vine, and developing from instinct in animals to the Free 
 
 * Principles of Psychology, Vol. II., p. 484. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [207 
 
 Will of man. Here design in Nature exhibits more conspicuously 
 its moral end, for the free will in man is intuitively guided by 
 the Moral Senses, Conscience and Sympathy. 
 
 One of the principal factors of evolution is " adaptation," 
 i.e., organisms adapting themselves to environments and 
 circumstances, by force of necessity. " Necessity is the mother 
 of invention " is an old truism, but invention is design, sprung 
 from the will to suit the necessity, and moulded into adaptation 
 to the environment. This Nature teaches us, by her process of 
 evolution. It was a necessity for the blind creature of lower 
 organism, when groping in the dark for its food, to have an 
 organ of sight, and when it arrived at a certain stage of develop- 
 ment, the eye was evolved from a primordial nerve, and made to 
 suit itself to light. Here necessity brought out design. But, 
 whence this design ; is it that of the poor developing creature, 
 or was it the power of development, laid up potentially in the 
 primordial germ of its organism, which cast forward the suitable 
 variation ? It is evidently not the creature who creates its 
 eye, but the evolution of the germ, laid primordially in the 
 organism, which answers to the necessities of life in the designed 
 form. Thus, the eye being designed, to suit the necessities of 
 light, is formed through the agency of light, but it is obvious 
 that this agency alone could not produce the effect, if the 
 structure were not previously designed in the germ of the 
 organism. 
 
 Design in creation is manifested by adaptations and the 
 regularity of events that we call "laws of nature," but 
 principally by those continuous forecastings of development, 
 which are known as variations, forming new bases for new 
 species. 
 
 But design in Nature must not be looked for alone in the 
 species, but precedently in the general congruity of the 
 universe, which observation learns is steadily progressing. The 
 Creator discloses his plans to human intellect in matter and 
 
208] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 force, at least in the effects of what we call by these names, 
 but, behind matter and force, we cannot fail to be conscious of 
 a purpose and a will and a method, while our intellect may, as 
 yet, not be able to grasp the end of all these wonderfully work- 
 ing contrivances and adjustments, composing the method of 
 creation which is called Evolution. 
 
 The Ultimate Cause. The Personal God. The perpetual 
 craving of our reason to get at the knowledge of the primal 
 and real cause of things is the idea of the unity of science. 
 If science is continually exhibiting and proving the interde- 
 pendence of phenomena, it must consistently arrive at a primal 
 and real cause of things or, at least, be forced to acknow- 
 ledge a necessary postulate as such, and while grouping facts 
 into generalizations, it cannot fail to acknowledge the links 
 between interdependent phenomena, which as series of design, 
 mark the classification of things. This tendency of reason to 
 presuppose a final cause corroborates the innate faith in a 
 Creator, the craving of the Soul, which finds its analogy and 
 support in the generalizing tendency of science. The belief 
 in God is no more a delusion than the belief in the Unity of 
 Science. 
 
 It is preeminently unscientific to imagine that variations 
 are fortuituous. This wrong notion results from an inadequate 
 conception of the Universal Energy which pervades and guides 
 the structures of atoms in the universal evolution of matter, 
 through its various transformations ; the universal energy as 
 postulated above under the name of Spirit of Creation. Varia- 
 tions are not caused by environments ; these only mould adap- 
 tations. When the blind polype felt the necessity to look about 
 for its food instead of being solely dependent on its olifactory 
 organs for its support, it is evident that the latent germ 
 of the organ of sight in the system of the species is the cause 
 of this craving for sight, which finds outlet in a new variation 
 of species. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [209 
 
 The Design which can be traced through the whole uni- 
 verse is intelligence and foresight. It is manifested throughout 
 organic creation by what is called inclination in plants, instinct 
 in animals and moral will in man. In plants and animals it has 
 to act only on the necessity of its environment, but, in the case 
 of man, it has to struggle also with impediments of higher 
 pressure and of various kinds, which surround the moral being. 
 We trace design in the plant, which suits its roots and branches 
 to its surroundings : in the vine, which swinging its shoots 
 in the air, as feelers in search of proper support, deliberately 
 avoiding some dead hollow posts in which hidden insects lurk 
 for its life-sap clasps its tendrils in lusty winding spirals 
 round healthy branches, for sound support in its struggle for 
 existence. But it is in the animal instinct that the manifesta- 
 tion of this universal life-energy becomes a struggle for 
 existence in its roughest material form, for the evolution of the 
 species into the higher order of creation. 
 
 By way of conclusion to what has been said in this 
 sub-section, we now come to the question : What gave primal 
 origin to and governs the universe and all developing pheno- 
 mena, culminating in the human moral-mental organism, 
 Chance or Design ? 
 
 Darwin writes to Asa Gray : " If I saw an angel come 
 down to teach us good, and I was convinced, from others seeing 
 him, that I was not mad, I should believe in design." * But 
 why should he then believe, the scientific man ? The testi- 
 mony of a so-called supernatural apparition or hallucination is 
 no scientific proof, even when experienced by more than one 
 deluded individual brain. And is this pretension not rather 
 selfish ? The belief of Mr. Darwin, thus acquired, would benefit 
 himself and his few friends only, but not mankind at large, and 
 each individual could put forward the claim for an angel to 
 
 " Life and Letters of the late Charles Darwin, F.B.S," by his son Francis 
 Darwin. London, 1888. 
 
210] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 himself. The testimony of the apparition would be far from 
 satisfactory to all parties ; granted the validity of Mr. Darwin's 
 belief in the Angel, would others acquire the faith on his 
 simple assertion ? Wallace might perhaps have taken over 
 his belief, but would Huxley have anything to do with the 
 Angel ? Herbert Spencer and others could, with equal scien- 
 tific exigence as Mr. Darwin, insist on their own special angel 
 of light, and each would then have his own revelation to 
 sustain. But why should we now, in believing the apparition, 
 rely more on the testimony of our physical senses, which are 
 so easily deceived by imagination, hallucination and other 
 abnormal mental conditions, than the consciousness of our 
 moral senses? Ah! but " there is the rub;" Mr. Darwin 
 did not believe in the moral conviction of man ; his only convic- 
 tion was the merely animal origin of man, without taking 
 into account the moral-mental development in Nature. "Would 
 any one, he asks, trust in the convictions of a monkey ; is 
 there any conviction in such a mind ? " * Well surely there is, 
 so far as regards the monkey existence. For we are all per- 
 suaded of the strength and efficiency of animal instinct, which 
 is the conviction of the animal, but, between this and the 
 conviction of the moral-mental organism of man, there is a gulf 
 not yet bridged over by the evolution theory, no more than 
 the other breaks in the chain of evolution, as described before ; 
 this missing link is not yet accounted for by science, no 
 more than the gap between non-living matter and living 
 organism. Before having drawn a straight line between the 
 mind of the monkey and the human mind, Mr. Darwin might 
 well have patched up these breaks in his theory, in order to 
 allow Common Sense a chance for the comparison; otherwise 
 nis question could have no connection whatever with the 
 convictions of the self-conscious human mind, and is thus 
 simply absurd. But the great naturalist was so absorbed in 
 
 " Life and Letters," etc. Letter to Mr. Graham. 
 
80] THE PHILOSOPHY OP CIVILIZATION. [211 
 
 the details of the by-paths of Creation, that his mind had no 
 conception of the main track of evolution, which embraces 
 the whole universe, material, mental and moral. 
 
 However, let us return to our question : Is it chance or 
 design which governs the universal process of evolution ? 
 
 But, what is Chance? This question has been treated 
 before, and we have seen that chance without cause cannot be 
 conceivable ; when we think of a thing as existent, we think 
 also of a cause producing the phenomenon ; chance, that is 
 non-cause, does not exist, is unthinkable. If we are to admit 
 the mechanical system of the materialistic cosmic philosophy, it 
 is evident, as demonstrated before, that the dinamic theory 
 excludes all idea of chance ; no machine is brought and kept in 
 motion by chance. It is thus not chance but absolute affection 
 of matter and energy, as predetermined by the prevision of the 
 inscrutable Creator, which issued the rhythmical motions of the 
 homogeneous nebula and thus brought on the cosmic evolution. 
 
 This is the only conception that human thought is able to 
 grasp of the Ultimate Cause of the mystery of the creative 
 action which took place f in the beginning/ The facts which 
 our mental organism, as enlightened by scientific cosmogony, 
 could conceive, are simply that matter, as the groundwork of 
 creation, was primitively of nebula form, that the rhythmical 
 motion of rotation kneaded it into a yielding or plastic condi- 
 tion and that it is finally modelled by a mechanical force. 
 
 As now, in all this, there is no chance conceivable, it is con- 
 sequently all design. That design determines the modes of affec- 
 tion in all instances, we see persistently manifested, as explain- 
 ed before, in the process of evolution. Well does it strengthen 
 our intuitive consciousness of a Divine Creator to contem- 
 plate, free from all dogmatic prejudices, with unbiased mind 
 and sound moral senses, the truths of Nature, as expounded 
 by Organic Evolution, and by the facts of geology in the imper- 
 ishable rock-records of thousands of ages. (Conip. 18, p. 25). 
 
212] THE PHILOSOPHY OP CIVILIZATION. [80 
 
 In the minute contrivances of the factors of organic 
 evolution, the variations and adaptations, we contemplate the 
 design of the inscrutable universal persistent energy of the 
 Spirit of Creation, as the Motor of Evolution. This ever present 
 power, balancing energies and motions into obedience to im- 
 mutable laws, is manifested by the adjustment and harmonious 
 adaptation of matter in organisms, when it displays the growing 
 energy of organic evolution to reach its final object, the 
 Moral-Mental Organism of Man. And all, by that astounding 
 self-adjusting design, primordially and potentially enclosed in 
 the globule of matter, manifesting itself in every seed, spore or 
 ovum, that gives origin to the innumerable species, in the 
 simple cells from which emanate the oak, the dolphin, the eagle, 
 the human being; -life on life, organisms and development, 
 through age on age, moving in stately march from the lower to 
 the higher, upward and upward, through increasing adapta- 
 tions and adjustments, in the evolution scale of the universe. 
 
 But whence, and whither ? The answer is : GOD. 
 
 Science has removed whole regions and oeons of pheno- 
 mena, from what was considered the supernatural to the 
 natural, and shows further that the evolution-process of 
 Nature accounts for the development of the human mind 
 into that capability of consciousness, called the moral-mental 
 organism of man, the highest scale of evolution, for the present, 
 on Earth, where the Soul is manifested by the moral- senses, 
 conscience and sympathy, which combined build up the con- 
 viction of Faith, that the beginning and the end of all things 
 is God. 
 
 To the human mind there is no force really known but its 
 free will, described above (18, p. 24). It is thus natural that 
 we feel intuitively convinced of a corresponding Supreme Will, 
 as the fountain-head of Energy, capable of giving impulse to 
 all forces in the universe, by putting matter into motion. The 
 congruity of the universe, as science teaches us to conceive it, 
 
80] THE PHILOSOPHY OF CIVILIZATION. [213 
 
 evidently corresponds with an intelligent Will, which, by its 
 free energy, gave the first impulse, i.e., created Motion, the 
 primitive Cause of all phenomena, the indestructible energy of 
 which all forces are modifications. 
 
 This is the source of our innate consciousness of an 
 Ultimate Causation, settled in an infinite mind, in a creative 
 will, the Supreme Will of a Supreme Being, the Personal 
 God. 
 
 CHRIST. 
 
 The Goal of Evolution. Evolution is a fact, but about 
 its method there are several hypotheses. These, although 
 being, each by itself, insufficient to explain evolution in all 
 its bearings, may serve, collectively, as the manifestation in 
 scientifical sense, of that potential energy in Nature, which we 
 demonstrated above as the Motor of Evolution. 
 
 The foremost physical manifestation of the Motor of 
 Evolution takes place through the Variations, which are the 
 indicative phenomena of this world-moving power of develop- 
 ment, in any direction. These are the chemical variations in 
 matter, organic variations in plants and animals, physiological 
 variations in species, and moral variations in the development 
 of the human mind. The proofs brought forward by the late 
 Charles Darwin in his theory of " Natural Selection " and by 
 Mr. Herbert Spencer, in his " Factors of Organic Evolution," 
 and, with regard to inorganic evolution, by Mr. Crookes in his 
 " Genesis of the Elements," showing the evolution of matter 
 from protyle, have not given any definite scientific solution, 
 but are most valuable, in opening up the ultimate problem as 
 to the cause of variations, on the occurrence of which all these 
 theories are based, disclosing the modus operandi of the Motor 
 of Evolution. 
 
 Viewed from this standpoint, the prominent physical 
 result of evolution, as made perceivable' by the evolution- 
 process, is called " natural selection," or (as it is more plainly 
 
214] THE PHILOSOPHY OP CIVILIZATION. [80 
 
 expressed) "survival of the fittest." This "fittest" is the 
 outcome of a whole congeries of physical causes, by no means- 
 produced by mechanical processes, and the term " fittest " is 
 simply the generalized expression for the final result of large 
 associations of causes. Of these some are conspicuous, as 
 "heredity," "struggle for existence," etc., while others are 
 utterly unperceivable, and unexplained by empirical science. 
 Among the former the natural activity of causes can sometimes 
 be raised by artificial breeding or training, to procure fancy 
 species, as in the fancy breedings of pigeons, of the Pekinese 
 "pug-nosed" lap-dogs, the fancy varieties of cattle, horses, 
 blood-hounds, etc., of which, especially of the pigeon-breed- 
 ing, the late Mr. Charles Darwin has left such interesting 
 records in his works. 
 
 But, as evolution on Earth proceeds into the higher scales 
 of development, the physical causes which produce the pheno- 
 mena become more complex in their working. Mr. Dallinger, 
 after a clear exposition of the nature of organic variations, 
 proceeds thus : " Variation then is constant and universal ; it 
 acts in all directions and in every living thing. That there are 
 factors of evolution not yet discovered is almost inevitable. 
 But having reached this conclusion, we are, at once, compelled 
 to ask : What is the origin of this unceasing continuity of 
 variation in all living things ? this power to become constantly 
 adapted to change of environment, and, for ever, in the fittest 
 form to survive ? The earth, as is well known, is constantly 
 subject to minute as well as to smaller cyclic and great secular 
 changes. Nothing but an ability to become adapted, through 
 all duration, to current and recurrent changes, could have 
 made a continuity of living population of the globe possible. 
 Because we have learned the nature of the law or method by 
 which, throughout all time, these changes have been brought 
 about and because the method appears self-acting, like the 
 balance-wheel of a chronometer, must we argue that there is 
 
80] THE PHILOSOPHY OP CIVILIZATION. [215 
 
 no design, either in the method or its result ? That will not 
 satisfy the constant demand of reason. Finding the law, 
 according to which a projectile moves, must not be confounded 
 with the cause of its motion. Natural selection cannot originate 
 anything; variation does not explain itself. Why is it a 
 property of all living things to vary indefinitely, and in all 
 directions ? The Darwinian law has no existence without it ; 
 but that " law " no more accounts for this tendency than the 
 law of falling bodies explains gravitation, or shows why it acts 
 as it does." * 
 
 If science were more generally inquired into, as a moral 
 culture, as well as simply intellectual training of the mind, 
 i.e., to elevate as well as to teach men, the poorly instructed 
 would be enlightened with regard to the physical foundation of 
 the Christian faith, while, on the other hand, educated men 
 would learn to emancipate themselves from the deceptions of 
 one-sided learning. Chemistry, Botany, Biology and Socio- 
 logy, all plainly demonstrate the superficiality of the common 
 belief, prompted by human vanity, that when we have 
 learned to enumerate " the varied procession of events/' by 
 which Nature appears to our physical senses, we know all 
 about Creation and the Motor of Evolution. Simply rocording 
 the course of events in Nature is not tracing them to their 
 sources. 
 
 Science is the record of facts of Nature, i.e., of physical 
 phenomena, as they present themselves, in sequences, to our 
 physical senses. From the regularity of their appearance, we 
 derive the conception of natural laws, but science has no proof 
 of the invariability of these laws ; in fact, with regard to the 
 organic world, it has often startling varieties to record. Now, 
 a variation from these laws, in its broadest aspect, never before 
 recorded, is, of course, a wonderful event, and is called a 
 miracle, i.e., a variation which the thus far observed and 
 
 * W. H. DALLINGEE, LL.D., F.R.S. ' The Creation," etc., pp. 68-71. 
 
216] THE PHILOSOPHY OP CIVILIZATION. [80 
 
 recorded course of natural phenomena could not previse in the 
 customary order of Nature. And science, not being initiated 
 into the real nature of matter and force, not knowing what 
 they really are, is unable to explain such an unexpected event 
 apparently entirely beyond the nature of matter and force. 
 
 Thus physical science is incompetent to lay down the law 
 that the unprevised or the so-called marvelous could not 
 happen. Professor Huxley says : " A miracle in the sense of 
 a sudden and complete change in the customary order of nature 
 is intelligible, can be distinctly conceived, implies no contradic- 
 tion; and, therefore, according to Hume's own showing, cannot 
 be proved false by any demonstrative argument." * Which 
 means that what we call a miracle, i.e., the occurrence of a 
 phenomenon never before observed by human physical senses, 
 in the process of matter and energy, is not dependent on 
 science, in its present state of knowledge, for the criterium of 
 the possibility and truth of the event. Whatever, through the 
 paucity of scientific knowledge, is, at present, unexplainable to 
 physical science, might, with a future development of know- 
 ledge, as to the nature of matter and energy, be found simply 
 to be the outcome of very comprehensible attributes of forces, 
 as yet unknown and unrecorded by science. 
 
 The constant development of our knowledge of the 
 physical elements, viz : the chemical forces, electricity, mag- 
 netism, etc. in this century, is daily disclosing and producing 
 phenomena, which would be as many unqualified " miracles " 
 to the erudite sages of antiquity, and thus forthwith condemned 
 as fables by the sceptic. But the moral development keeps 
 pace with the intellectual, and incontestable is the power of 
 the human Moral Senses in the social evolution-process, in its 
 manifestation of a Moral Element in Nature, as the active 
 agent in the framing of Civilization. If we strip off the mate- 
 rialistic mask, ascribed to Nature, we find underneath the clear 
 
 * Huxley's " Hume," p. 133. 
 
$80] THE PHILOSOSPHT OF CIVILIZATION. [217 
 
 manifestation of the Creator's design and the demonstration of 
 Christianity through physical truth. There is no other proof 
 for truth than natural facts ; the Divine Author of Nature, 
 as well as the necessity of Christ in the evolution-theory of 
 the human race, is proved by Nature (26). 
 
 Thus the astounding series of variations, sprung forward, 
 in physical and moral propensities in the evolution-career of 
 the human moral-mental organism on Earth, forecasting an 
 ever-increasing scale of developing progress for this organism, 
 and manifesting the Divine design with regard to the human 
 race, culminated with the advent of Christ on Earth, repre- 
 senting thus, for our imitation, a variety of the human species, 
 in which the moral-mental organism was developed in the 
 highest degree of perfection attainable by humanity, through 
 the Moral Element, on Earth. 
 
 This advent manifests the Will of God to impress on 
 mankind the fact of their being connected, through their Moral 
 Senses, with the Eternal Creator. In other words, the love 
 of God, of the Creator for his creatures, is revealed to mankind 
 through Christ ; who, being the link between Divinity and 
 Humanity, is most appropriately explained as the " Son of 
 God." 
 
 The history of mankind, viewed in the light of the 
 natural development of the Moral-Mental organism of man, 
 proves that the advent of Christ on Earth was a necessary 
 forecasting of the moral condition of that organism in its 
 evolution-process. What could be more natural in the develop- 
 ment of the human moral senses than this variation, showing 
 the innate growing power of the human mind in its moral 
 tendency, when moulded by the influence of the Divine Spirit. 
 
 The advent of such a moral-mental organism as that of 
 Christ on Earth is the strongest manifestation of the Divine 
 Spirit, which is postulated, in the human moral development 
 theory, as the Moral Element in Nature. It is a natural and 
 
218] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 necessary event in the evolution-theory to forecast the future 
 state of human beings, by throwing light on the goal to which 
 the Moral Element in Nature is leading. It is a natural and 
 necessary event of evolution, for, if the history of mankind 
 did not already possess this ever living example, the philosophy 
 of evolution, as stated above (26), if consistent in its search 
 for the goal of the development theory, for the final link, 
 which unites man, in his highest development, with his Crea- 
 tor, should postulate such a being as the final link, as the 
 utmost result of evolution on Earth. It is the natural and 
 necessary consequence of evolution ; the potential germ of this 
 event being included, by the primordial Power, in the Energy 
 communicated to the inert nebular mass, which caused the 
 universal motion, by which worlds are whirled into existence. 
 
 Thus the moral principle, as laid primordially in the germ, 
 has developed into a natural fact, and the principle of 
 Christianity is revealed to humanity, through Nature. 
 
 The Fall of Man and the Redemption through Christ. At 
 the first dawn of reason, the purity of the human soul is 
 conspicuous in the child. Perfectly innocent and pure, the 
 uncorrupted mind of the child, at its first acting on the world's 
 stage, exhibits the natural moral purity of the human race, as 
 it should be, were it not for the temptations of its animal 
 propensities. In the innocent child, of normal type, is clearly 
 observable, spontaneous with reason, the instinct of the good. 
 This is the type according to which the race should be, "of 
 such is the kingdom of Heaven." 
 
 But, alas ! Soon the gradually awakening animal nature 
 overpowers the nascent moral senses and takes hold on the 
 mind, through egoism, from which originate the lie, covetous- 
 ness, cruelty and all the vicious inclinations, thoughts and 
 actions, characteristics of the rapacious selfish animal nature, 
 which is the source of evil in the human mind. This deviation 
 from the Divine Spirit is the degeneration from the innate 
 
80] THE PHILOSOPHY OF CIVILIZATION. [219 
 
 purity with which man comes into the world. This is the 
 " fall of man," from which condition the redemption comes 
 through Christ. 
 
 Without the Christian principles, this degeneration of man's 
 moral senses could only partially be checked by Intellect, 
 that is, through the experience of the utility, of bridling the 
 animal passions, for mutual safety and decorum. This is the 
 intellectual reclamation on the principle of material utility, 
 but it has proved to be wanting in the stability which the 
 moral conception of the good alone can procure. Civilization is 
 not merely a material improvement; where the material element 
 is predominently the civilizing factor, men are merely trained 
 animals. Such materialistic civilization is imperfect and must 
 break down, for its basis is the animal symbol of " Might is 
 Right " in a cultured form. The regeneration of the human 
 race, the redemption of the soul from this anitnal materialism, 
 is Christianity, which, reviving the Moral Element, is fostering 
 the Moral Senses, and thus completing the human moral-mental 
 organism. 
 
 From the foregoing it is conclusive that the Moral 
 Element in Nature, conspicuous in the struggle of the Moral 
 Senses with the animal egoism of the materialistic element 
 (5), emphasizes the original endowment of the human race 
 with a natural predisposition for the Good, i.e., with an ability 
 to arrive at a purely moral state through his Moral Senses 
 (14). Losing this regenerating power by his falling back into 
 the nature of the lower animals, man's "redemption" and 
 " deliverance from evil" is obtained when the Christian Princi- 
 ples get hold of his mind, by developing and strengthening his 
 Moral Senses to combat Evil. 
 
 Evil, constantly in strife with the Moral Element in 
 Nature (thus giving the manichean character to Christianity) is 
 the animal egoism of the human mind, when this is lacking the 
 strength of the moral senses. The allegorical representations 
 
220] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 of " Satan," " Evil Spirits," etc., as exercising evil influences 
 on mankind, find, in the egoistic passions of the animal nature 
 of man, their objective reality, together with the most efficient, 
 ever present and ever active agency to engender evil in the 
 world, as any " satan " ever could conceive for the personi- 
 fication of Evil. 
 
 Instead of postulating an outside " Satan," as the cause 
 of human misery, .let us look, by the light of our moral 
 senses, within our own mind, and we will trace the " enemy " 
 in the deep recesses of our own impure nature. As we have 
 noted before (pages 27-31) the origin of evil is the " rebellion" 
 of the inclinations of man's animal nature against the Divine 
 Spirit of the Moral Element in Nature, caused by a viciously 
 excited imagination, sweeping up the animal propensities and 
 exciting the passions, through evil thoughts in the mind. This 
 poor weak human mind, with its faltering tendency to believe 
 what it desires, and to think only of what it wants to believe, 
 is easily led away by imagination, for " the wish is father to 
 the thought." 
 
 Evil is thus engendered in the human mind when man's 
 animal appetites, inflamed by Imagination, are unchecked by 
 the Moral Senses. The heart-bewildering problem of evil 
 finds its solution in the human selfishness predominating over 
 Conscience and Sympathy, which causes the retrogressioq of 
 man's moral-mental organism. This is the state of apostasy, 
 the fall of man from the scale of moral-mental condition into 
 that state of animal materialism, caused by want of applica- 
 tion or through disuse of the moral senses, in which only the 
 instinctive egoism of the animal nature, but thousand-fold 
 corrupted by human intelligence and cunning, governs the 
 will. This condition represents the/all of man, the regenera- 
 tion from which can only be accomplished through the Moral 
 Senses. The redemption of the human race is the advent of 
 Christ ; which is the forecasting of the goal of evolution on 
 
80] THE PHILOSOPHY OF CIVILIZATION. [221 
 
 Earth, when the moral senses, having the full sway of the mind, 
 shall have completely subdued the animal nature. By follow- 
 ing the principles and example of Christy every individual is 
 redeemed from sin, by his mind corning completely under the 
 influence of the Moral Element in Nature. Through the whole 
 range of human life, man when having fallen, finds Christ 
 ever ready for his redemption, through his Moral Senses, 
 which are fostered by Christianity. 
 
 When man's moral senses are overpowered by animal 
 passions and rapaciousness, he having fallen lower than the 
 brute, the activity of these senses, which cause the na- 
 tural aversion from acts injurious to others, is stunted and 
 nearly dead. No dread of punishment is able to check the 
 downward career of the criminal, for it is proved that the 
 penalties experienced by the " jail-bird " did not serve to 
 awaken his moral senses (78, p. 166 Crime). It is not because 
 theft is punishable by Criminal Law, that it particularly entails 
 shame and degradation in the eye of society, but because the 
 thief has morally degraded his human intellect and violated his 
 moral training, by falling to the animal nature of rapacity, 
 through his cowardly act. He would go on falling lower and 
 lower, as doomed to destruction, if he be not mercifully 
 reclaimed by Christ. In man's fallen state, it is only the 
 redemption of Christianity, the voice of CHRIST, heard in his 
 inward soul, which can revive his Moral Senses of Conscience 
 and Sympathy, to overrule the rapacious selfish animal nature, 
 and thus to conquer evil. 
 
 This is the living natural history of the " fall of man " and 
 the "redemption through Christ." 
 
 The human career on Earth exhibits, in the individual, 
 the history of man ; how he, being formed from matter, 
 evolved, through the Spirit of Creation, from the primordial 
 germ which emanated from the Creator; how he, quickening 
 into organic life, and developing physical and moral senses, 
 
222] THE PHILOSOPHY^ CIVILIZATION. [80 
 
 appeared in the world, developed as human species, with a pure 
 soul and unpolluted moral senses. His fall is caused by the 
 retrogression of his moral nature, through the ascendency of 
 the material element of the lower animal bias ; his regener- 
 ation is his being redeemed through his Moral Senses, as fostered 
 by Christianity. 
 
 The principle of Christianity was ever existent in the 
 Moral Element in Nature, working in the world wherever 
 human beings were developed; but, when "the word became 
 flesh/' the principle a fact, that is, the potential germ 
 developed in the course of evolution into the phenomenon of 
 the advent of Christ on Earth, then the evolution of the human 
 mind had arrived at that stage of creation, in which a living 
 example of a perfect being was necessary, as a variety of 
 Nature, to throw light on the goal of moral development, the 
 destiny of the human race, and on the way to arrive there. 
 This high-way of human destiny is indicated to our inward 
 consciousness, consolidated by Faith, in the conception of the 
 moral truth': Through Christ to God. 
 
 THE DIVINE SPIRIT. 
 
 The Moral Element in Nature. If the physical aspect of 
 Nature presents numerous problems to the speculative observer, 
 not the less we find complicated problems to solve, when contem- 
 plating Nature from an ethical point of view, that is, from the 
 aspect of the evolution of the social organism, the sphere in 
 which the Moral Element of Nature is the prominent motor of 
 evolution. Yet, if in the investigation of physical phenomena, 
 Science has its limits drawn by our physical senses, in the 
 moral sphere of Nature's problems, our Moral Senses procure 
 us states of consciousness far more complete than Science could 
 do with regard to the material aspect of society. 
 
 We can elucidate this assertion by resolving, through 
 the test of the Moral Senses, a social problem proposed 
 
80] THE PHILOSOPHY OF CIVILIZATION. [223 
 
 by Professor Huxley, in his article, (recently appeared in 
 the "Nineteenth Century "*) under the head: "The Struggle 
 for Existence " and which, viewed by the light of the theory of 
 the Moral Senses, is a striking "programme" of the working 
 of the Moral Element, in social conditions where the struggle 
 for material existence is most keenly defying political measures. 
 
 Professor Huxley puts his ethical thesis, which is an 
 exposition of the Malthus theory, as follows : 
 
 " The effort of the ethical man to work towards a moral 
 end, by no means abolished, perhaps has hardly modified the 
 deep-seated organic impulses which impel the natural man 
 to follow his non-moral course. One of the most essential con- 
 ditions, if not the chief cause of the struggle for existence, is 
 the tendency to multiply without limit, which man shares with 
 all living things. It is notable that ' increase and multiply y 
 is a commandment traditionally much older than the ten, and 
 that it is perhaps the only one which has been spontaneously 
 and ex animo obeyed, by the great majority of the human race. 
 But in civilized society, the inevitable result of such obedience 
 is the re-establishment, in all its intensity, of that struggle 
 for existence, the war of each against all, the mitigation or 
 abolition of which was the chief end of social organization." 
 
 This is now the old Malthus all over again, and, in the 
 most light-hearted tone, we learn the astounding fact that 
 Society, as an organization of civilization, is a failure. The 
 " chief end of social organization " is defeated by the obedi- 
 ence of the human race to the oldest commandment : ' increase 
 and multiply.' 
 
 To argue this, the Professor gives a parable in the 
 Malthusian style. 
 
 " It is conceivable, he says, that at some period in history 
 the production of the food should have been exactly sufficient to 
 meet the wants of the population, that the makers of artificial 
 
 * February, 1888, p. 161 et seq. 
 
224] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 commodities should have amounted to just the number 
 supportable by the surplus food of the agriculturists. " (Thus 
 a perfect communistic society, the ideal of the "commune"). 
 " And as there is no harm," says the Professor, finishing this 
 picture, "in adding another monstrous supposition to the fore- 
 going, let it be imagined that every man, woman and child, 
 was perfectly virtuous and aimed at the good of all as the 
 highest personal good." (Thus complete and perfect altruism.) 
 "In that happy land the natural (read "material") man 
 would have been finally put down by the ethical man. There 
 would have been no competition, but the industry of each 
 would have been serviceable to all ; nobody being vain and 
 nobody avaricious, there would have been no rivalries; the 
 struggle for existence would have been abolished and the 
 millenium would have finally set in." (But, alas ! this perfect 
 altruism, this goal of social evolution, has reckoned without 
 Malthus, and lo ! with the birth of the first baby, like 
 the day after the perfect division of communistic equality, 
 altruism is blown into shreds ; for the Professor says) : " It is 
 obvious that this state of things could have been permanent 
 only with a stationary population. Add ten fresh mouths ; and 
 as, by the supposition, there was only exactly enough before, 
 somebody must go to short rations. This Atlantis society 
 might have been a heaven upon earth, the whole nation might 
 have consisted of just men, needing no repentance and yet 
 somebody must starve. Reckless Istar, non-moral Nature, 
 would have riven the social fabric. I was once talking with a 
 very eminent physician about the vis medicatrix naturae. 
 ( Stuff ! ' said he, ' nine times out of ten nature does not want 
 to cure the man; she wants to put him in his coffiin.' And 
 Istar-Nature appears to have equally little sympathy with the 
 ends of society. * Stuff ! ' she wants nothing but a fair field and 
 free play for her darling the strongest."* 
 
 * Nineteenth Century, February, 1888, p. 166, 
 
80] THE PHILOSOPHY OF CIVILIZATION. [225 
 
 Professor Huxley has forgotten the one principal necessary 
 condition to his theorem, viz : that, in order to complete the 
 hypothesis, his Atlantis-community, set up to be knocked 
 down by Istar-Nature, should be entirely separated from all 
 other societies, cut off from the whole civilized world and 
 totally devoid of all outside help and from all sources in the 
 universe. "What his " population " is, and how situated as 
 social organism, with regard to its external social life, i.e. in 
 co-existence with other social organisms, the professor does 
 not tell, and yet this material element is of absolute conse- 
 quence in the struggle for existence. This is not less the case 
 with the moral element. If silently working Nature would 
 speak out, alas ! how many cases wo should know of atrocious 
 blunders of ''eminent physicians" she had to patch up with 
 her own design. But, like his friend, the eminent physician, 
 who would not acknowledge the help he had from Nature's 
 process of adjustment (we may hope not at the cost of his 
 patients) the eminent professor of physical science ignores 
 that moral checks could mitigate the material struggle for 
 existence; he would not comprehend the power of the moral 
 element which he postulated himself in the exceptional virtuous 
 community he depicted ; he forgot that this moral power could 
 thus completely subject egoism to altruism, that there could 
 not be any independent individual sufferings; yes, thus, that 
 nobody would starve alone, but all and every one, and 
 equally, if need be ; no struggle for individual existence 
 but the moral struggle of each for the welfare of the others; 
 suffering alike, starving equally, and, if there is no help 
 coming, then, finally, sinking all together into eternity. 
 Here the backbone of Istar, the egoistic struggle between 
 individuals, is broken. And, though mankind has not yet 
 reached this state of altruistic Christian perfection, by a very 
 long way, yet, while the perfect altruistic society, as Professor 
 Huxley himself acknowledges, is thinkable, so it is equally 
 
226] THfc PHILOSOPHY OP CIVILIZATION* [80 
 
 thinkable that the moral element in such society will maintain 
 its influence against all egoistic temptations of the material 
 struggle for existence, whatever the Malthusiau theory may 
 propound. 
 
 The inevitable consequence of the growth of Nature, with 
 regard to sentient species, is evil only from the materialistic 
 point of view, and from an inadequate conception of evil. 
 "Non-moral Nature " is a misnomer, does not exist. In the 
 sphere of the Moral-Mental organism, the physical evil that 
 comes from Nature is a blessing to humanity. As we have 
 explained before ( 28, p. 34) there are two sorts of evil viz : 
 the material or physical evil, the objective evil, which is 
 necessary in the world to stimulate the moral senses, and give im- 
 pulse to the Good, and the moral evil, which is the subjective evil, 
 as being the corruption of the mind. And, as it is evident that, 
 from a moral point of view, the physical evil, pain and sorrow, 
 coming from without, serve to improve the mind, by awakening 
 Conscience and Sympathy, so is corruption of the mind, the 
 moral or subjective evil, the doom of humanity. 
 
 If the brute creation is subject to the brute struggle for 
 existence, marked by events, which, when viewed from our 
 moral standpoint, would appear as cruelty to sentient nature, 
 this material struggle only exists in a highly moderated form 
 in the sphere of mankind, where the Moral Element is con- 
 stantly tempering egoism into altruism. We have seen above 
 that Malthus failed by not taking into proper account the 
 conditions of the co-existence of social organisms, i.e. the mate- 
 rial support of international social life, but the fallacy of the 
 Malthusian theory exists also in its contradiction of the operation 
 of the law of evolution, i.e. of the experienced events of the 
 evolution process of Nature, which secures all that lives adjust- 
 ment to environments ; and this is not only true in organic 
 evolution and in all biological conditions, but especially in the 
 moral social organism. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [227 
 
 Malthus has not reckoned with the Moral Element in 
 Nature ; that his theory is a figment, the history of Civilization 
 teaches in all its stages. Contrary to Professor Huxley's 
 assertion, this history most decidedly proves, that "the efforts 
 of the ethical man" have greatly modified the egoistic struggle 
 for existence and the non-moral conditions of society, through 
 the regenerating influence of the Moral Element in Nature; 
 "the deep-seated organic impulses which impel the natural 
 man to follow his non-moral (i.e. unnatural) course/' have been 
 gradually making place for the reign of the moral senses, 
 Conscience and Sympathy. Everywhere when morality has 
 waned, through the debasing eifects of wealth and luxury, 
 devastating wars and other physical non-moral checks on over- 
 population, there, notwithstanding these checks, fierce 
 struggle for material existence issued, and this from want of 
 "the efforts of the ethical man/' Phoenecia, Greece and 
 Rome threw out their own national colonies, when they were 
 at the height of power and prosperity. At the waning of their 
 civilization, they were overrun by barbaric hordes, whom, in 
 the selfishness and pride of their one-sided civilization, in the 
 palmy days of their prosperity, they had neglected, and allowed 
 to remain in an uncivilized state on their borders; for, when 
 their material prosperity waned with their civilization, they had 
 to give way to the pressure of these neglected barbarians, whom 
 they had no energy left to withstand. 
 
 In the ancient world or among savages or less-civilized 
 nations, where the practice of infanticide was and is a regular 
 custom, and the steady occurrence of famine, pestilence and 
 war (all natural products from a soil uncultivated by the moral 
 senses) were and are so many checks on the dreaded over- 
 population, the gross and most brutal struggle for individual 
 existence was and is at its height, and non-moral Istar 
 reigned and reigns supreme, with the help of this formidable 
 array of emissaries. The danger to a Nation's civilization lies 
 
228] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 thus not in the unlimited multiplication of individuals, but in 
 the people's actual degradation in the scale of humanity, i.e. 
 the shortcomings in the individual Moral Senses. 
 
 If we turn now to the steady growth of civilization, the 
 progress of private and public morality, which entails the 
 respect and care for human life, in the elimination of all that 
 can shorten it, and the integration of all that can tend to secure 
 peace and industry, and compare then the result of moral 
 civilization with former and present barbarism, we find the 
 incontestable proofs, that where civilization has put a stop to 
 wholesale extermination, the hoary check on overpopulation, 
 there the struggle for existence is kept within the limits of the 
 human strife of individual co-existence and is becoming more 
 restricted within the limits of moral competition. 
 
 The population of civilized Europe has more than doubled 
 during th.is century (in Great Britain alone the population has 
 increased, in the decade from 1871 to 188 i by nearly 3| 
 millions of souls) and yet there has been, during this century, 
 nowhere in Europe, in any country, real want of food, still less 
 a famine, where the circulation of trade and the traffic of 
 commodities were not obstructed, whether directly through 
 want of means of communication or indirectly as the results 
 of bad legislation. In fact, no famine is recorded, in modern 
 history, that cannot be traced to the stagnation of proper 
 communication, which impeded the practicable supply of food- 
 stuff from neighbouring countries, whether through war or 
 bad government from want of civilization ; more conspicuous is 
 this the case in the stagnation of international trade, caused by 
 international jealousy. 
 
 The multiplication of human beings, limited only by the 
 progressive moral restraint of civilization, has gone on in 
 Europe for the last centuries, and no Nation has yet been 
 destroyed by overpopulation. Neither has it been proved of 
 any society, that moral restraiut has failed to keep withiii proper 
 
80] THE PHILOSOPHY OF CIVILIZATION. [229 
 
 bounds the struggle for existence, which is the normal con- 
 dition of the co-existence of individuals (76) as long as 
 Nations are at peace and international intercourse has fair play, 
 with fair competition of industry, through intelligence and 
 honesty. And, if governments understand the true meaning 
 of state-socialism, with regard to the industrial class of society 
 who perform manual labour, there is no need for communistic 
 driving to interfere with the stability of society. We must here 
 request the attention of our readers to the statements made 
 before, in sections 48 (p. 71), 76 (p. 133) and 78 (p. 142) with 
 regard to the natural agencies, which guard the internal stability 
 of the social organism and promote its development. 
 
 ETHICS, ABSOLUTE AXD RELATIVE. A man is living under 
 the Moral Law, when all the faculties of his mind act harmoni- 
 ously together, for then, in the conflict between the moral element 
 of his nature and the evil arising from his animal propensities, 
 his moral senses and his intellect shall act in unison, to hold 
 the lower animal passions and inclinations in subjugation. 
 To avoid his moral senses being conquered by evil, instead of 
 rising above it, he must procure for himself essential moral sur- 
 roundings, which he is able to do by virtue of his free will, 
 i.e. he must ever strive after companionship with the virtuous 
 and diligently watch against any contagious contact with vice 
 or the vicious. We have seen how the vine, with its latent 
 instinct, could feel for support in self-preservation ; the man 
 with intelligence, free will and design, is surely competent, 
 prudently to use the feeling tendrils of his Moral Senses, as 
 guidance toward sound moral support in his career through life. 
 Like as the physical organism, in the evolution-process, adapts 
 itself to its environment, so in virtuous surroundings, in 
 social life, man's moral senses are fostered and improved, through 
 adaptation to these surroundings (17). 
 
 The necessity of the moral environment, i.e. of the moral 
 element in social life, points to the necessity of public moral 
 
230] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 education, equally compulsory on all members of society, for 
 the propagation of virtue, through the fostering of the indivi- 
 dual Moral Senses. 
 
 As stated before ( 39, p. 57), social civilization is the 
 outcome of the moral senses of the individual mind ; the 
 adaptation of the moral senses for the conception of the good 
 being transferred from the individual to the whole race. If the 
 moral senses are abortive, it is through man's own weakness, or 
 for want of moral culture and religious discipline of the mind. 
 Moral culture is the work of moral education and the discipline 
 of the mind, as stated before ( 24) is formed by the 
 Christian Religion, whose teachings of justice and benevolence 
 combined, constitute the fostering of the moral senses. Thus 
 practical morality issues from the Christian Faith. 
 
 Ethics are the manifestations of a Moral Element in 
 Nature, or, as Mathew Arnold puts it, of " the power which 
 makes for righteousness." The element of all ethical theories 
 is the force, perceptible in the " evolution of conduct," which 
 tends to reach the highest conduct ; " that highest conduct, 
 says Mr. Herbert Spencer, in which the evolution of conduct 
 terminates, that is, in which the making of all adjustments of 
 acts to ends, subserving complete individual life (together with 
 all those subserving maintenance of offspring and preparation 
 of them for maturity) not only consist with making of like 
 adjustments by others, but furthers it ; " that highest conduct 
 by which egoism goes up into altruism. This manifestation of 
 an active Moral Element in Nature, in the evolution of conduct 
 to its ultimate form, implies the existence of a natural law 
 of conduct, which we have called the Moral Law of Nature. 
 This is Absolute Ethics, while Relative Ethics constitute what 
 is called the Spirit of Law ( 40, p. 59). 
 
 The hedonic system of Ethics is based on the false doctrine 
 that happiness, as the highest good, consists in bodily or 
 material gratification. The pleasures which the pursuits of 
 
80] THE PHILOSOPHY OF CIVILIZATION. [231 
 
 intellectual and aesthetic achievements entail, come from the 
 consciousness of personal efficiency ; these pleasures are thus 
 based on imagination, for the actions which brought on the 
 gratification originated from excitement of impending success, 
 as experienced in former similar pursuits. They are the 
 pleasures resulting from an egoistic self-appreciation. It is 
 obvious that these gratifications neither affect our Conscience 
 nor our Sympathy ; they are simply pleasures with which the 
 moral senses have no concern, and miss therefore the criterion 
 of ethical experiences, in which the motive of our actions is the 
 natural impulse of the moral senses toward the Good. The 
 natural eagerness of the moral senses to keep the mind to good 
 actions, is the desirableness of the peace of mind, which is the 
 result of stability in the equilibrium of the Moral-Mental organ- 
 ism. Hence the inefficiency of the hedonic system in ethics, for 
 peace of mind is a mental condition, which is not obtainable 
 through means adjusted to a speculative end. It admits of no 
 d priori specification or definition ; of no assumption of inten- 
 sity, duration or certainty, like the physico-sensual pleasures 
 and pains, for it does not owe its existence to the commensura- 
 bility of these pleasures and pains. Its relative value cannot 
 be gauged by the proximity of a pleasure or a pain, for it does 
 not belong to the egoistic or empirical, nor to the uuiversalistic 
 hedonism, i.e., in no way is its condition based on the theory 
 which makes happiness the end of action. The happiness of self 
 and others is the result of the natural biological and sociological 
 equilibrium, which is maintained by the stability of the Moral 
 Senses. This is the effect of the moral Element in Nature. 
 
 For reason of the frailty of our mental organism, through 
 whose faculties, the intention of the Soul is brought into 
 action, by the Moral Senses, a complete code of rules for the 
 guidance of moral personal conduct is, as yet, not realized. 
 The injunctions to perfection, a^ constantly instilled into our 
 mind, through the persistent uctiou of the Moral Element ill 
 
232] THK PHILOSOPHY OF CIVILIZATION. [80 
 
 Nature, being brought to our consciousness, through our 
 moral senses, are, as stated before ( 39 and 40) only rela- 
 tively obeyed by the actual man, under the existing material 
 conditions of society, ethical requirements being necessarily 
 affiliated upon actual physical particularities. But, as Mr. 
 Herbert Spencer says : Though the particular requirements to 
 be fulfilled for perfect individual well-being must vary along 
 with variations in the material conditions of each society, 
 certain general requirements have to be fulfilled by the indivi- 
 duals of all societies." These general requirements are the 
 manifestation of a common ground on which individual Moral 
 Senses agree. This common ground is the domain of absolute 
 ethics, where the " requirements to be fulfilled for perfect 
 individual well-being" are moulded by the Moral Senses, 
 under the direct influence of the Moral Element in Nature. 
 On the other hand, relative ethics, as said above, are formed 
 by those injunctions of the Moral Senses which are only 
 relatively obeyed by man, under actual social conditions. 
 
 Hygienic Laws. Conducts, physically considered with 
 regard to self, belong to the requirements of the body, which 
 are comprehended by what is scientifically called hygienic or 
 sanitary laws. These are the rules, indicated by Nature, for 
 the physical preservation of the body, as well as for the con- 
 servation of society. Physical purity, personal and public 
 cleanliness are social duties, . for they form the basis of the 
 sanitary laws of Nature. Mens sana in corpore sano. Moreover, 
 civilization is the formulation of conduct as well as the limita- 
 tion to conduct, in order to maintain the natural ethical rela- 
 tions between self and society. Hence bodily and social clean- 
 liness is an essential mark of civilization. 
 
 The Standard of Ethics and the Spirit of Law. We have 
 said before, that Moral Law of Nature is the term for Absolute 
 Ethics and that the term Spirit of Law indicates the condition 
 of Relative Ethics (40). In support of this definition, we 
 
80] THE PHILOSOPHY OF CIVILIZATION. [233 
 
 may quote the following passage from Mr. Herbert Spencer's 
 "Data of Ethics/ 7 where he says: "This division of ethics 
 (viz: the set of regulations concerning justice) considered under 
 its absolute form, has to define the equitable relations among 
 perfect individuals who limit one another's spheres of action 
 by co-existing, and who achieve their ends by co-operation. It 
 has to do much more than this. Beyond justice between man 
 and man, justice between each man and the aggregate of men 
 has to be dealt with by it. The relations between the indivi- 
 dual and the State, considered as representing all individuals, 
 have to be deduced." 
 
 These relations between the individual and the State 
 (which have been dealt with above, under the head Social 
 Organism, in sections 43-61) says Mr. Herbert Spencer, 
 " having been, in their private and public aspects, considered 
 as maintained under ideal conditions and been formulated, 
 there come to be dealt with the analogous relations under 
 real conditions; absolute justice being the standard, relative 
 justice has to be determined, by considering how near an 
 approach may, under present circumstances, be made to it." 
 
 While war continues and injustice is done between States ; 
 while militant organization, no less than militant action, is 
 irreconcileable with pure equity, there is yet the Moral Law 
 of social evolution, the standard of absolute ethics, which is 
 represented, in the development of the moral-mental organism of 
 man, by the Moral Senses. These formulate the requirements 
 to be fulfilled for perfect individual well-being, by impressing 
 on the mind the conception of Justice and Benevolence ; thus 
 upholding to our consciousness the vivid ideal of righteousness, 
 after which Relative Ethics, which is correlative to the Spirit 
 of Law, is moulding practical rules for our guidance. Re- 
 lative ethics is changing at every state of social evolution, 
 keeping pace with the correlative civilization, determining the 
 "range of variation within which it is possible to approach 
 
234] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 nearer to or to diverge further from the requirements of abso- 
 lute equity/' * This range of variation is represented by what 
 we call the Spirit of Law (40). 
 
 Ethics counterbalancing Evil through the Moral Senses. 
 Ethical science is the specification of the individual conduct of 
 associated human beings, as evolved through the development 
 of the normal mind under the influence of the Moral Senses, 
 i.e. of the mind in permanent consciousness of the spontaneous 
 exercise of its moral faculties of conscience and sympathy. 
 These duly proportioned moral faculties, while each yielding, 
 when in action, its quantum to form the state of that mental 
 satisfaction, called peace of mind, are consequently so consti- 
 tuted, that defects in any one of these actions bring also their 
 quantum of mental pain, caused by the disharmony, then 
 occasioned, in the moral consciousness ( 15-24). 
 
 By virtue of this constitution of the faculty of the Moral 
 senses, Evil is detected and neutralized in the mind, as these 
 emotions of moral " satisfaction " and " pain " of the morally 
 conscious mind, i.e. of the mind with well developed moral 
 senses, are the moral' guides to conduct, by fitting or not 
 fitting in the conscious adjustment of acts to ends ( 30 and 
 31). It is thus that the motives of actions, that are classed 
 as "moral" and " immoral/' are tested, and the mental- 
 process is formed by which the adjustment of acts to ends 
 becomes the subject-matter of ethical judgment, for the detec- 
 tion and discarding of evil from the mind. 
 
 This Test of Good and Evil consists in the ability of the 
 Moral Senses to combat evil in the mind, through the 
 consciousness of the Good in the Moral Ego, when the struggle 
 between the moral and material elements of the human nature 
 takes place. We had occasion to demonstrate this before when 
 treating of the Moral-Mental Organism of man ( 5), of the 
 elements of the good ( 12-16), Virtue and Evil ( 17 and 18), 
 
 HKBBKBT SPBNCJSB. The Data of Ethice," 107. The Scope of Kthics. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [235 
 
 and of the origin of evil and its control ( 19-24); to these 
 sections we must here refer our readers. 
 
 Egoism and Altruism. Ethical problems. When viewing 
 self-preservation and self-gratification (egoism) in contraposi- 
 tion with the good of others (altruism), several questions arise 
 which may be solved by the test of the Moral Senses, described 
 above. This test is applicable on the principle that good 
 conduct is guided by the perfect harmony of Conscience and 
 Sympathy ( 14). Conduct thus, which is truly satisfying one 
 of the Moral Senses, is ethically right, as long as it does not 
 excite the other to opposition ; in other words, conduct by 
 which one of these senses is in direct war with the other, 
 stifles the other, and cannot be called ethically right, as it is not 
 complying with the condition of righteousness (15 and 16). 
 
 The ethical problems, which arise from the counterpoise of 
 egoism with altruism, find their solution when tested by the 
 harmony of the Moral Senses, which is the necessary mark of 
 ethical guidance. 
 
 Taking the Moral Senses, as above explained, for guidance 
 we arrive at the following Ethical Rules of Conduct, viz : 
 
 I. Even the most natural conduct, as the preservation of life 
 and health, is, as all conducts of the conscious moral being, 
 subordinate to this test of the moral senses. For instance : 
 acts committed against others, in self-defence are right, for they 
 are reconcileable with Conscience, without bringing this in 
 disharmony with Sympathy. On the other hand, they become 
 contrary to sympathy, the moment they over-reach the limits of 
 necessity, and are consequently wrong, ethically considered, for 
 then the harmony of the moral senses is broken. Hence all 
 acts in pursuit of vengeance, i.e. without the necessary end of 
 self-preservation, are contrary to the moral sense of sympathy 
 and never leave Conscience satisfied ; thus vengeance is im- 
 moral, ethically placing the revenger from purely vindictive 
 motive ou the same level as the original evil-doer. 
 
236] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 II. It is simple justice to self, and in sympathy for those 
 entrusted to our personal care, or dependent, for their support, 
 on our life and work, to do all that is consistent with self- 
 preservation and to avoid what is injurious to life and health. 
 In such cases what is pleasant is not necessarily wrong. But, 
 not right, and often injurious to self, are acts originated from 
 purely selfish motives, without benefit to others, i.e. acts 
 without combining justice to self with sympathy to others, 
 for such acts, having no counter-check in the mind, degenerate 
 into intemperance. Self-gratification is never enjoyed by the 
 morally developed mind when any conflict between the Moral 
 Senses is the result, for the gratification would be barren of 
 the Good, and, as we showed before (23), the genesis of 
 moral consciousness is the essential truth that outside the good 
 there is no real happiness. 
 
 III. As to the question, how far can self-sacrifice, 
 ethically, be carried out in each case ? the answer is thus : 
 as long as the sacrifice is entirely that of one's own interest, 
 i.e. not injurious in any way to the interest of others, who have 
 equal or better claim on our service; if carried on further, 
 then, self-sacrifice can become injustice. With other words : 
 as long as sympathy does not suppress justice, self-sacrifice 
 is virtue. 
 
 A mother who starves herself to death, to keep her children 
 alive, and thus renders them helpless orphans ; is she acting 
 rightly ? Here motherly love has so overwhelmed her con- 
 science, that this was powerless to protect her self-interest, may 
 be, even for the benefit of others. Ah ! Sympathy has many 
 dispensations. When acting against self-interest, Benevolence 
 will often suppress Conscience; which gave occasion to the 
 doctrine that obligation of justice to self does not exist. But, 
 though we are not able to condemn sympathy in many instances 
 of self-sacrifice, yet our Conscience is not at fault, when deny- 
 ing the unconditional ethical value of this doctrine.. 
 
80] THE PHILOSOPHY OP CIVILIZATION. [237 
 
 - IV. Other problems, with regard to the test of the 
 Moral Senses on acts of benevolence, are put by Mr. Herbert 
 Spencer in the following words : " How far shall a person who 
 has misbehaved be grieved by showing aversion to him ? " 
 " Shall one whose action is to be reprobated have the reproba- 
 tion expressed to him or shall nothing be said ? " " Is it right to 
 annoy by condemning a prejudice, which another displays ? "* 
 These problems must be solved by the same arguments 
 which answer the question : " Whether to avoid inflicting pain, 
 personal feelings should be sacrificed and how far sacrificed ? " 
 To this the Test of the Moral Senses answers : Personal feel- 
 ings which are matured by Conscience and Sympathy should 
 never be sacrificed, but the impulses, which import to others 
 actions called unjust or actions called unkind, must ever be 
 suppressed. These latter are known by the criterion of the 
 moral senses, as defined above. For instance ; decidedly 
 condemned by the moral senses are those actions, which, 
 though not directly aggressive, are unjust indeed, through 
 simply passively maintaining prejudiced opinions or withhold- 
 ing due praise, leaving merit unrewarded ; unkind indeed, by 
 simply passively maintaining an inequitable claim, a wrong 
 opinion, or sometimes, by refusing a request. 
 
 In solving ethical problems, of these classes, in which 
 several meanings are hidden, the Test of the Moral Senses 
 gives the following general moral rules, viz : 1 When Justice 
 requires the infliction of "pain," no more shall be enforced 
 than is necessary to comply with the decrees of Conscience, 
 i.e. without violating the principles of Sympathy, which are 
 warnings against cruelty. 2 Where Conscience is stifled by 
 Sympathy, there the maintaining of any principle, in the desire 
 for another's benefit, is unwarranted. 
 
 V. Through the same test we find an answer to the 
 question : To what extent, under given circumstances, shall 
 
 * " Data of Ethics" 110, Chapter XVI. The Scope of Ethics, p. 667. 
 
238J THE PHILOSOPHY OF CIVILIZATION. [80 
 
 private welfare be subordinate to public welfare ? To this and 
 kindred questions, the answer must be given for every partic- 
 ular circumstance. After having analyzed and subdivided 
 the problem into questions, on each particular topic, which can 
 be responded to by simply "yes" or "no," the moral senses 
 in their necessary harmony, as depicted above, form 
 combined the touch-stone of these ayes and noes. By sum- 
 ming up these votes, the balance gives the final verdict on the 
 complicated problem. This verdict is the outcome of justice 
 and benevolence combined. 
 
 VI. There is a class of ethical problems so mixed up with 
 emotions of different kinds, that it seems difficult to trace the 
 dictates of the Moral Senses for their solution. Of these we 
 give the following specimen to conclude this series of problems. 
 
 A vessel full of passengers is wrecked. Life can be saved 
 only by the boats of the vessel ; a struggle for life toward the 
 boats is natural. Fathers think of their families at home, of 
 which they are the only support ; on their life the maintenance 
 of many solely depends : for their families' sake, the struggle 
 for life of these men is more than the selfish impulse of self- 
 preservation. But, hark ! above the tumult of this struggle 
 for the boats, rings the peremptory order: "Women and 
 Children first ! " This order is echoed by many voices, 
 demanding that the women and children, before all, be placed 
 safely in the boats. Nobody objects, and if there be any 
 brutish resistance to this demand, it is promptly put down by 
 the majority. Now, why shouid this be so '( Why should by 
 common consent, the women and children be saved before and, 
 may be, at the cost of the lives of these fathers of families, who 
 are anxiously claiming their rescue, not for themselves, but 
 for the poor helpless beings dependent on them for existence 
 and to whom the loss of father or husband may be fatal for 
 ever ; with these useful lives those of the women and children 
 on board must rank lower in comparison: how is this now 
 
80] THE PHILOSOPHY OP CIVILIZATION. [289 
 
 to be reconciled, logically with common sense and ethically with 
 the moral senses ? The answer is simply this : It is justice to 
 give the weak and helpless the better chance; and does not 
 benevolence sanction this act of justice? Here thus Conscience 
 and Sympathy fully agree, which is the cause of the spontaneous 
 sanction of Common Sense. 
 
 In these few ethical problems, we have tried to explain 
 the functions of the Moral Senses, as trustworthy guides to the 
 normally developed and morally disciplined mind. But this 
 blissful moral discipline of the human mind is attainable only 
 through earnest effort and diligent training. This moral 
 training of the mind, essential for the completion of our moral 
 organization, i.e. to make it fit for the impulses of the moral 
 Senses, is, as we have said before (24), the province of the 
 Christian Religion ; the religion which, operating, through 
 Divine Love, in the human Moral-Mental Organism, teaches us 
 to adore God through Nature, and shows us, how Eternal 
 Justice is mitigated by Mercy, for the gradual elevation 
 of mankind, through the individual Moml Senses, Conscience 
 and Sympathy. 
 
 RELIGION. 
 
 The Spiritual World. Nothing exists that is not mani- 
 fested in Nature. The outward surrounding conditions, called 
 the physical or visible universe is not separated from what is 
 called the spiritual or unseen universe; their union is man, 
 through his moral mental organism. The one is subject to our 
 physical senses, the other is the domain of our internal life of 
 consciousness ; the one serves to stimulate the moral senses, by 
 opposing them through the physical element of passions engen- 
 dered from materialistic egotism, the other is the source of 
 the Moral Element fostering these senses through Christian 
 Faith, 
 
240] THE PHILOSOPHY OF CIVILIZATION. [$80 
 
 Spiritual World is simply a name applied to those 
 phenomena, which human intellect is not able to grasp through 
 the physical senses of the mind, but which are the more plainly 
 conceivable through the moral senses, in proportion to the 
 development and strength of these senses. These, in reality, 
 far outgrow the power of the physical senses, in the faculties of 
 discrimination, penetration and sagacity, through the instinct- 
 ive intuition of consciousness, the necessary result of the 
 evolved instinct of the moral-mental organism. External in- 
 fluences of perception, sensation and experience are, as said 
 before, stimulants for the moral senses, which are the links 
 between the natural and the so-called supernatural, between 
 the material element and the moral element in Nature. 
 
 In the well-developed mind, consciousness, as generated 
 from instinctive conviction, is far more trustworthy than the 
 conception received from the external influences or sensations, 
 which may result from numerous illusionary, and thus deceit- 
 ful, surroundings beyond our control. It is no uncommon 
 occurrence, in the civilized world, that thoroughly scientific 
 men, constantly applying the most rigid logical thoughts in the 
 investigation of empirical science, are, at the same time, convinced 
 believers in the Divine mission of Christ as the preparation of 
 the human race for its exalted destination. They can conceive 
 moral facts, through their moral senses, as clearly and completely 
 as they can discern any physical fact with their physical 
 senses; this proves that the human mind is the living link 
 between the visible world and the unseen universe. We will try 
 to demonstrate this further in the following pages. 
 
 Evolution of Religion. The course of the Moral Element 
 in Nature is marked by the religions on Earth. The different 
 Religions, developed with the evolution of the human mind, 
 which have left their impressions in the history of mankind, are 
 as many indications of the course the process of development 
 of the moral senses has taken, when carried on by the main 
 
80] THE PHILOSOPHY OF CIVILIZATION. [241 
 
 current of the Moral Element, of which the main actions have 
 thus been marked. Though countless eddies, formed by the 
 conditions of societies, may have caused many local counter- 
 currents and whirlpools ~in the main- stream, yet the head- 
 current goes steadily onward to its destination. In all and 
 every winding, the token is manifest of the creature craving, 
 with outstretched arms, for communion with its Creator. 
 
 Religion is thus co-existent with the Moral Senses. It 
 originates, grows, ennobles and transcends with the Moral- 
 Mental Organism of man. Like Ethics in social life, it is, in 
 the individual life, the manifestation of the Moral Element in 
 Nature. 
 
 There is an intuitive predisposition of the mind, in all 
 stages of mental development, to presuppose a moral cause 
 behind the physically experienced phenomenon. This pre- 
 disposition is the origin of religion in its most primitive 
 conception. The savage who, falling down a precipice, ascribes 
 the failure of his foothold to the unappeased Spirit, surely does 
 not lack the experience as to the physical cause of the unsafety 
 of the jungle-path ; through this he so often crept in the active 
 pursuit of his material life, since the days he began to measure 
 his strength with the lower brutes or with his own fellow- 
 creatures, the enemies of his tribe ; but, what his actual mental 
 conception ascribed as the interposition of the revengeful Spirit 
 is not the physical cause of his fall, which he knows too well, 
 by his own empirical science, but the moral cause, i.e. the 
 temporary distraction of his mind, which caused his foot to 
 take the wrong ledge. 
 
 With the development of the Moral-Mental Organism, as 
 stated before ( 5), the struggle between the animal nature and 
 the moral senses sets in. The animal or material element has 
 its visible basis in physical phenomena, but the moral element 
 must seek for support in a postulated moral cause ; the first is 
 supported by material food, strengthening the animal form, 
 
242 | THE PHILOSOPHY OP CIVILIZATION. | 80 
 
 while the stimulant of imagination is sweeping up the egoistic 
 passions in their assault on the moral element ; the latter, 
 which is the spiritual element, i.e. the soul, is kept awake 
 in the mind, through the stimulating effects of the moral senses, 
 conscience and sympathy, from which emanates the faith in a 
 supernatural support. Hence the natural craving or impulse, 
 inherent in every human mind, for something to venerate, for a 
 Supreme Being to whom the soul could elevate itself to arrive 
 at a better and more enduring existence. 
 
 This Being to whom the human nature feels an inherent 
 attraction, for support, and this better existence, to which he 
 feels an inherent longing, as a rest from the struggles of life, 
 are naturally depicted to his conception in conformity with the 
 actual state of his mental development, moral and intellectual. 
 For the savage, not arrived at that stage of mental evolution, 
 described above ( 5) as the Moral-Mental Organism, his God 
 and his Heaven can only be what his lower materialistic con- 
 ception of the inferior mental condition of the Physico-Mental 
 Organism ( 4) could allow him to conceive. 
 
 The further development of the Moral Senses generates in 
 the mind the consciousness of moral obligations, which leads to 
 the natural conclusion of the existence of a Supreme Power 
 ordaining these obligations. This belief finds expression in 
 various religious forms and dogmas, which are conditioned by 
 the state of civilization and the freedom and culture of the 
 mind. 
 
 The sensual influences of the imagination shaped the 
 formalities and forms of worship of the infant man. And as 
 imagination is apt to upset reason, and is often enticing man 
 to act against his moral senses ( 22), so the primitive savage 
 religious formalities of the heathen worship, the product of 
 imagination, have remained in the religions of some civilized 
 people, long after the developing moral senses have exalted and 
 toned the mind into real faith in the Creator. Such is the 
 
80] THE PHILOSOPHY OF CIVILIZATION. [243 
 
 power of imagination, that, in spite of the protest of intellect 
 and moral senses against this abuse of the Divine Element of 
 Faith, the habit of idolatry, originated in fetichism, the crudest 
 forms of religions, still continues in a refined form and with 
 many apologies, in the Christian Religion, thus constituting an 
 idolatrous Christianity. As with the form, so also with the 
 dogma. Ethical conducts are evolved from the impulses of the 
 Moral Senses, while religious dogmas are the consolidation, in 
 some ideal forms, of the moral sentiments originated through 
 these impulses. While ethical science is explaining how and 
 why certain modes of conduct are naturally beneficial and other 
 naturally detrimental to the moral being, and thus continually 
 preparing the mind for higher development, dogmatic religion 
 has already stereotyped the first impulses of Moral Senses, in 
 their infant form, with little chance for their further develop- 
 ment through the evolving moral ideas of the human mind. 
 
 Following the foregoing propositions to their full con- 
 sequences, we arrive at a standpoint, from where we can plainly 
 overlook and comprehend the vast field of development, 
 traversed by the evolution of religion, through all the stages 
 of human mental and moral development, until the deve- 
 lopment of the Christian Faith, the only moral conception 
 which could satisfy the craving of Conscience and Sympathy 
 combined. 
 
 It is through Religion that the human mind is to be 
 kept in culture and discipline, in order to foster the moral 
 senses in their struggle with the material animal propensities 
 of the species ; but the province of religion is to discipline and 
 strengthen and not to suppress the Moral Senses, by thwarting 
 Common Sense which is the logic of Conscience and Sympathy 
 combined ( 34). 
 
 This is the spirit of Christianity in its natural pure state, 
 as evolved, with the moral organism of man, from the primor- 
 dial gerin placed by the Creator in Nature, and forecasting the 
 
244] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 highest moral development after the image of Christ. This is 
 the religion, which is not based on belief or imagination, but on 
 the Christian Faith, (described hereafter) as being the natural 
 religion of the evolved individual mental organism, stimulating 
 the Moral Senses, through the individual moral responsibility it 
 enjoins. 
 
 The individual moral responsibility of the human being to 
 his Creator is the consequence of the Divine impulses, imparted 
 to him through his Moral Senses. This is abundantly demon- 
 strable. As surely as consciousness reveals to me, in the 
 ordinary moral exercise of the mind, myself and an objective 
 world not myself t so plainly it reveals to my mind, through my 
 Conscience and Sympathy, my objective moral obligations, 
 and consequently, the conviction of a moral power in Nature 
 and a Supreme Lawgiver. This inspiration of God through 
 our moral senses is the divine revelation of a Moral Element in 
 Nature. 
 
 The main branches of Eastern Religion. As we have noted 
 above, the development of Religion is the outcome of the 
 evolution of the human mind, in its course of development into 
 Christianity, by keeping pace with the development of the Moral 
 Senses. Deviations from this main course of the moral-mental 
 development are the Buddhism, Mohammedanism and other 
 Asiatic Eeligions. These are the eddies and whirlpools in the 
 main current of the Moral Element in. Nature, caused by 
 peculiar social conditions, while the overweening Eastern 
 imagination dwarfed the developing moral-mental organism 
 into monstrous eccentricities of asceticism and sensuality. 
 
 Mohammedanism sprang out of the revolt of pure intellect 
 against the mechanical religion of the Kaabah, the old Ara- 
 bian monotheism, which had lost itself completely in the sensual 
 worship of idols. Mohammed had all the benefit of the oldest 
 history and of logic on his side. To re-establish the old Abraha- 
 mic creed historical traditions were in the way, and the criminal 
 
80] THE PHILOSOPHY OF CIVILIZATION. [245 
 
 quarrels between the Roman and Greek Churches gave him 
 good reason not to trust to the then called Christian Church, 
 with her compromise with the heathen mythology, and image- 
 worship. The God-Father, the God-Son and the worship of the 
 " Queen of Heaven," which latter had caused the secession of 
 the Nestorians (among whom Mohammed himself had his early 
 religious education) seemed no logic creed for the new 
 religion; this being based on strict monotheism with the 
 purification of the worship of the one Almighty God from 
 every tincture of idolatry. " To give God a mother " was in 
 the view of Mohammed the most despisable of all forms of 
 idolatry. The wild Arabian hordes that overran Syria found 
 here a logical support to their fierce fanaticism. Like as 
 Shakyamuni Gautama, the founder of Buddhism, had been 
 the leader of the reaction against the caste-theory of Brah- 
 manism, so Mohammed was the mouth-piece of the revolting 
 common-sense against the idolatry of the Kaabah. Both were 
 incarnations of the developing power of the mental evolution- 
 process, manifestations of the developing moral senses. 
 
 Mohammed consolidated his doctrines against the un- 
 sympathetic prejudices of the Hebrew tribes, whose historical 
 traditions were adverse to any amalgamation of their mono- 
 theistic creed with that of the kindred but less civilized Arabian 
 tribes, and, on the other hand, taking advantage of the absurd 
 dogmatic quarrels and corruption among the Christians, soon 
 established a powerful overwhelming popular creed. This 
 popularity originated especially with its system of perfect 
 individual equality among all Mussulmans, i.e. all who hold 
 the faith of Islam, and flourished on the same soil of human 
 enthusiasm as Buddhism, at its height of reaction against the 
 caste-preachings of Brahminism. 
 
 Alike Christianity in the West, Buddhism overspread 
 Eastern Asia. About A. D. 65 the first Hindoo Buddhist 
 missionaries arrived in China, and Shakyainuni's teachings of 
 
[246 THE PHILOSOPHY OF CIVILIZATION. [80 
 
 universal brotherhood supplanted soon, as popular religion, the 
 conditional Ethics of China's greatest philosopher known by 
 foreign historians under the name of Confucius. 
 
 Confucianism) in fact, is not a religion, but was originally 
 a system of politico-moral philosophy, principally with regard 
 to the public duties of the government toward the people and 
 of the individual with regard to the State. Confucius, born 
 B. C. 551, was a great historical compiler and commentator. 
 His maxim was : " Reading without thought is fruitless, and 
 thought without reading dangerous ;" his genius was thus 
 conditioned by erudition ; he was, in his time, the renaissance 
 of the old Chinese literature and antiquity ; he modestly said 
 of himself, " I am an editor and not an author." By thus bridling 
 his originative powers he forced his intellect into the furrows of 
 the doctrinaire. His political career was not a success ; at the 
 age of 55 years he was prime minister of his native State, the 
 little kingdom of Lu, one of the confederate States then 
 occupying the territories of what is, at present, the Eighteen 
 Provinces of the Chinese Empire, but, failing in the practical 
 establishment of his theories, modelled on the alleged perfec- 
 tion of the oldest historical government of the State, he gave 
 himself entirely over to the doctrinaire statesman's philosophy. 
 His doctrines ever remained political ethics, venerated as sure 
 guides to perfect government, but never practicably followed 
 by those in actual power. 
 
 The philosophy of Confucius which is an ethical material- 
 ism, serve as a medium of connection between Buddhism and 
 Taoism, forming with these two the conglomeration, called the 
 San-Kiao, the "Three Religions," which is at present the 
 popular religion of China, if ever such a mixture of sceptic 
 philosophy, uniting spiritualism with materialistic idolatry, 
 could be called by this name. 
 
 Taoism is called the philosophical system, or religion, 
 founded by Li-erl, who lived in the sixth century before 
 
80] THE PHILOSOPHY OF CIVILIZATION. [247 
 
 Christ. He was contemporary with Confucius, but senior to him 
 in years and in the philosophical career. Hence Li-erl is also 
 called Laut-sz, the "Old Master," in distinction with his 
 younger rival Confucius. He called his religious system Tau, 
 which signifies "Reason," without however the system itself 
 being rational. The Tau philosophy teaches, as attainable to 
 the Taoist, a materialistic corporal immortality in the abodes of 
 the genii. Alchemy, with the pursuits to find the elixir of 
 life, originated from the Taoist belief that the body could, by 
 certain means of discipline, become invulnerable and immortal ; 
 thus the philosophy of " Reason" degenerated into a system of 
 magical imposture.* 
 
 The leading principle of Taoism, says Doctor Martin, is 
 that every species of matter possesses a soul a subtile essence 
 endowed with individual conscious life. Freed from this 
 grosser elements, the spiritual element becomes the genii that 
 preside over the various departments of nature. Some wander 
 at will through the realms of space, endowed with a protean 
 facility of transformation others, more pure and ethereal, rise to 
 the regions of the stars, and take their places in the firmament. 
 Thus the five principal planets are called by the names of the 
 "five elements," from which they are believed to have originat- 
 ed, and over which they are regarded as presiding. The stars 
 are divinities, and their motions control the destinies of men 
 and things a notion which has done much to inspire the zeal 
 of the Chinese for recording the phenomena of the heavens.' 
 A theogony like this is rich in the elements of poetry; and 
 most of the machinery in Chinese works of imngination is, in 
 
 * W. A. P. MARTIN, D.D., LL.D., President of the Tung. Wen College at Peking. 
 "The Hanlin Papers," Edit. 1880. JOSEPH EDKINS, D.D. Religion in 
 China." IDEM. " Chinese Buddhism," London, 1880. ERNEST T. EITEL, 
 Ph. D. . Buddhism : its Historical, Theoretical and Popular Aspects. 
 Hongkong. 1884. MARCUS DODS, D.D. Mahammed, Buddha and Christ, 
 London 1877. 
 
 Further commended works on Oriental Non-Christian Religious 
 Systems are: SEAL'S Buddhism in China. DAVID'S Budhism. DOUGLAS' 
 Confucianism and Taoism. HARDY'S Manual of Buddhism. MAURICE, 
 Religions of the World. 
 
248] THIS PHILOSOPHY OF CIVILIZATION. [80 
 
 fact, derived from this source. The Liauchai, for example, a 
 collection of marvellous tales, which, iii their general character 
 may be compared to the Metamorphoses of Ovid, is largely 
 founded on the Taoist Mythology. In accordance with the mate- 
 rialistic character of the Taoist sect, nearly all the gods whom 
 the Chinese regard as presiding over their material interests, 
 originated with this school. The god of rain, the god of fire, 
 the god of medicine, the god of agriculture, and the lares or 
 kitchen gods, are among the principal of this class. A system 
 which supplies deities answering to the leading wants and 
 desires of mankind cannot be uninfluential ; but, in addition to 
 the strong motives that attract worshippers to their temples, the 
 Taoist priesthood possess two independent sources of influence. 
 They hold the monopoly of geomancy, a superstitious art (the 
 so-called "fung-shui," literary : "wind " and "water") which 
 professes to select on scientific principles, those localities that 
 are most propitious for building and burial; and they have 
 succeeded in persuading the people that they alone are able to 
 secure them from annoyance by evil spirits."* 
 
 Transcending the conglomeration of the San-Kiao and not 
 belonging to any of the " Three Religions" (all three equally 
 idolatrous) there are luminous traces in the Chinese thoughts, 
 of faith in a Supreme and Almighty God, the ruler of the past, 
 the present and the future. Even the positive philosopher Con- 
 fucius, who sneered at the silly ceremonies of idolatrous creeds, 
 and who advised his disciples to " keep the gods at a distance" 
 or to "keep out of their way," exhibited this characteristic of 
 the Moral-Mental Organism of man. When he had completed 
 his compilation and commentaries in the laborious work, which 
 is known by the names of Shu-Kiny and the cl Sacred Books," 
 he -assembled his disciples on the sacrificial hill; here he 
 erected an altar, and placing on it the edition of this great work, 
 which he had just completed at the age of seventy years, 
 
 Dr. MARTIN, 1. c. page 146. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [249 
 
 he fell on his knees and devoutly returned thanks to Shangti, 
 the "Supreme Ruler" for having had life and strength 
 granted him to accomplish so vast an enterprise for the future 
 guidance of his countrymen, emploring Heaven to grant that 
 the benefit his countrymen may receive from his work might 
 not be small. In a native illustrated biography of Confucius, 
 the sage is represented in this attitude of supplication; a beam of 
 light, like a rainbow, descends on the sacred volumes, while his 
 disciples are standing around him with demonstrative admiration. 
 
 These traces of religious veneration of a Supreme Being, 
 under the name of Shangti lay deeper in the heart of the people 
 than a single instance of enthusiastic outburst of Confucius, in 
 the height of his author's pride. The worship of Shangti ia 
 based on the popular conviction that, beyond the visible heaven, 
 there exists some unseen Power governing the universe, after 
 certain incomprehensible rules, with a divine will. Shangti is 
 the first of the five objects of veneration, (the other four are 
 the earth, the emperor, parents, and teachers) and is wor- 
 shipped only by the Emperor. The common people worship 
 Tien (which means simply " Heaven " ) by burning a stick of 
 incense every evening under the open sky, and also at marriage 
 ceremonies ; none but the Emperor is worthy of offering at the 
 Altar of Shangti. At the South side of the Imperial city, a large 
 marble terrace containing this altar in the open air is built in a 
 simple but imposing style. The worship of Shangti admits of no 
 idols; a tablet inscribed with the characters Shang-Ti, "Supreme 
 Ruler," represents the Deity; a bullock is offered, and the 
 Emperor, in person, prostrates himself before the burnt sacrifice. 
 
 The conception of a Supreme Ruler of the Universe, equal 
 to the pure Christian conception of God, had thus, of old, 
 generated in the mind of this ancient people ; but the idolatry, 
 fostered by the San-Kiao, caused the exalted conception of 
 Shangti to dissolve into the saint-worship of Buddhism, the 
 scepticism of Confucianism and the fetichism of Taoism. 
 
250] THE PHILOSOPHY OP CIVILIZATION. [80 
 
 This most illogical conglomeration of thoughts without 
 doctrine, held together by imagination, thus constitutes a living 
 testimony, as a warning to mankind, of belief without faith, 
 when the guidance of the developed Moral Senses is wanting. 
 
 Ancestral Worship. The politico-ethical doctrines of 
 Confucius were based principally on the demands of Intellect, 
 without due regard to the dictates of the Moral Senses. His 
 teachings are merely regulations for the keeping of discipline 
 and governmental order among the people. The main argu- 
 ment of his philosophy is expediency; virtues are civil duties 
 in social relations ; the end is but material well-being. With- 
 out a beginning, and void of the pursuits of moral truths 
 thus of intellect and feeling combined, -the philosophy of 
 Confucius is far inferior to Plato's, while it never reached the 
 generalizing genius of Aristotle. The extent and permanence 
 of the influence of Confucianism as a popular creed in China 
 are due to the conservatism and seclusion of this people. Fall- 
 ing short of the conception of a Supreme Ruler in the Creator, 
 it places paternal rights on the Divine throne, for piety arid 
 worship, as a substitute for God. Its doctrines with regard to 
 parental rights far overshoot the mark and have dwarfed the 
 holy feelings of parental responsibility into vile parental egoism 
 and tyranny. Parental rights in China include all, even the life 
 of the child; they are valid, without any mitigation, through 
 the whole lifetime, recognizing no coming of age of the child. 
 The father provides his son with food, clothes, dwelling and a 
 wife, and the son is bound to remit all his earnings into his 
 parents' hands. The child, natural or adopted, is not alone 
 during the whole lifetime of the parents under tutelage of the 
 father, but the exigencies of the parental rights continue after 
 the death of the father, in ruinous obsequies and ancestral 
 worship. Thus the sacred Parental Rights are abused by 
 detracting them from the benefit of the child to serve the 
 ambition of the parents, while the sublime sentiment of filial 
 piety is made the instrument of parental egoism. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [25] 
 
 A comparative view of Buddhism. The two cardinal prin- 
 ciples of Buddhist philosophy, as stated in the Buddhist work, 
 called in Chinese the Kin-kang-king, or " Diamond Classics," 
 are : (1) The miseries of existence with its struggles in the 
 material forms into which the soul is doomed to perpetual 
 transmigration, to live in a sensuous world with its deceptive 
 phenomena. (2) The Nirvana, a state of material non-existence 
 and unconsciousness of the soul, which constitutes the only way 
 of deliverance from the miseries of existence, caused through 
 the interminable transmigration of the soul ; Nirvana being 
 gained through the unlimited practice of charity and ascetic 
 exercises. It is obvious, that without this postulate of the 
 metempsychosis, there would be no occasion for the Nirvana. 
 The Buddhist philosophy, thus, first adopts an unavoidable 
 state of relentless misery, and then knows no other way of 
 escape than the total extinction of sentiency and, consequently, 
 spiritual and corporal inconsistency with pain. This is Buddhism 
 as a Moral Philosophy. 
 
 The theory of metempsychosis as adopted by Buddhist 
 philosophy is a modification of the pantheistic dogma of 
 Brahrnanism that all Nature is animate. The soul which, during 
 its lifetime in corporal form, indulged in selfishness, lusts and 
 passions, will be subject to innumerable births, according to 
 its moral condition. Every breathing being will, after death, 
 be re-born in accordance with the general tendency of its 
 inner life. "The being who is still subject to birth, says 
 one of the Buddhist writings,* may at one time sport in 
 the garden of a deva, and at another be cut in a thousand 
 pieces in hell ; at one time he may be Maha Brahma, and at 
 another a degraded outcast," etc. Only those who have suc- 
 ceeded in destroying all thoughts and feeling, by means of 
 ascetic exercises and mental abstraction, are saints and will rest 
 after death, for they are freed from all distinction of name or 
 
 HARDY. " Manual of Buddhism," p. 454. 
 
252] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 form. " In vain, says Dr. Eitel, we search Buddhist literature for 
 a metaphysical treatment of this deeply interesting problem. In 
 vain we search for a distinct notion of the origin of each indivi- 
 dual soul, which the Vedanta philosophy placed in Brahma." 
 
 The fundamental principles, evolved from the two above- 
 mentioned root-principles of the Buddhist system, are the so- 
 called "Four Great or Excellent Truths," stated in the 
 "Diamond Classics" as follows: (1) That in all existence there 
 is sorrow : consequently, existence must be extinguished. 
 
 (2) That all existence results from attachment to life, or desire. 
 
 (3) That existence may be extinguished by extingushing desire. 
 
 (4) That desire may be extinguished by following the path to 
 Nirvana, which is the peace of individual non-existence, 
 the goal of evolution for Buddhism. 
 
 Let us see now what the " four great truths " of Christianity 
 are, as compared with Buddhism. " 
 
 In Christianity, the theory of the Moral Senses, as taught 
 by Nature, finds its conclusion in the following Christian prin- 
 ciples, viz : (1) That in all existence there is sorrow, brought 
 on by Evil, which is physical (incidental) or moral. (2) That 
 physical or so-called incidental evil is necessary for the stimula- 
 tion of the Moral Senses, in the struggle between the material 
 and the Moral nature of man, but that moral evil is the 
 corruption of the Moral Senses through Desire. (3) That 
 sorrow, caused by moral evil, must be avoided by subjugating 
 desire. (4) That the only bridle to desire is the combined 
 action of the Moral Sense, conforming with the Christian 
 Faith. The Christian Nirvana represents thus the peace of 
 mind, attainable through the perfect harmony of Conscience 
 and Sympathy, the complete altruism, which is the goal of 
 Evolution on Earth ( 2328). 
 
 It was the natural revolt against the despotic exclusiveness 
 of the sacerdotal caste-religion of Brahma and the sufferings of 
 
 * Dr. E. J, EITEL. " Buddhism, its historical, theoretical and popular aspects." 
 Edit. 1886, p. 69 et seq. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [253 
 
 fellow-creatures, with this caste-distinction in perpetuity, 
 which the sacerdotal caste used to confirm their own su- 
 premacy, that occasioned the Buddhist theory of kindred 
 feeling and equality hetween all fellow-creatures. The leader 
 of this reformatory movement against Brahmanism was 
 Siddartha Gautama ; he was the son of Suddhodana, a rajah 
 of the Shakya tribe, who reigned in Kapihivastu, a few days' 
 journey North of Benares. The names Shdky-a-muni and 
 Buddha under which he is known, are titles; the former 
 means the Muni or Sage of the Shakya tribe, while Buddha 
 means the " Enlightened."* The legendary accounts of the 
 birth of Siddartha Gautama and his incarnation as a Buddha 
 are myths of later formation, when the Buddhist philosophy 
 was adopting the form of a popular religion. Hence the strik- 
 ing similarity of many details and incidents of Buddha's life with 
 the life of Christ, as reported by the gospels. Doctor Eitelf 
 gives the following account of this apparent similitude : " Sha- 
 kyamuni Buddha we are told came from heaven, was born 
 of a virgin, welcomed by angels, received by an old saint who 
 was endowed with prophetic vision, presented in a temple, 
 baptised with water and afterwards baptised with fire, he 
 astonished the most learned doctors by his understanding and 
 answers, he was led by the spirit into the wilderness, and hav- 
 ing been tempted by the devil, he went about preaching and 
 doing wonders. The friend of publicans and sinners, he is 
 transfigured on a mount, descends to hell, ascends up to 
 heaven, in short, with the single exception of Christ's crucifix- 
 ion, almost every characteristic incident in Christ's life is also 
 to be found narrated in the Buddhist traditions of the life of 
 Shakyamuni Gautama Buddha. And yet, this Buddha lived 
 and died 275 or even 543 years before Christ! Are we to 
 conclude then, that Christ as a certain sceptic would make us 
 
 * The numerous names and titles of the Buddha are elaborately explained in 
 WILSON'S Works, Vol. IT, pp. 9 and 10; and HARDY'S Manual of Buddhism, 
 p. 354. 
 
 1 1. c. pp. 15 and 29. 
 
254 THK PHILOSOPHY OF CIVILIZATION. [8' 
 
 believe went to India, during the eighteen years which inter- 
 vened between his youth and manhood, and returned, thirty 
 years old, to ape and reproduce the life and doings of Shak- 
 yamuni Buddha ? Or are we, who believe in Christ's originality, 
 driven to the miserable subterfuge of assuming as some Jesuit 
 fathers do that the devil, foreknowing the several details of 
 the promised Messiah's life, anticipated him and all the details 
 of his life by his own caricature in Shakyamuni Buddha ? Un- 
 fortunately for the sceptic who would delight in proving Christ 
 to have been the ape of Buddha, it can be proved, that almost 
 every single tint of this Christian colouring which Buddhist 
 tradition gives to the life of Buddha, is of comparatively 
 modern origin. There is not a single Buddhist manuscript in 
 existence which could vie, in antiquity and undoubted authen- 
 ticity, with the oldest codices of the gospels. Besides, the 
 most ancient Buddhist classics contain scarcely any details of 
 Buddha's life, and none whatever of those above mentioned 
 peculiarly Christian characteristics. Hardly any of the above 
 given legends, which claim to refer to events that happened 
 many centuries before the beginning of our Christian era, can be 
 proved to have been in circulation earlier than the fifth century 
 after Christ. 'A. biography of Buddha, says Oldenberg, 
 has not come down to us from ancient times, from the age of 
 the Pali texts, and, we can safely say, no such biography was 
 in existence then.' ' "With regard to the source from which 
 those apparently Christian elements flowed into and mingled 
 with Buddhist traditions concerning the life of Buddha, and 
 the circumstances which led thereto, Doctor Eitel says fur- 
 ther :* " Buddhism was, at an early period, carried to Tibet 
 from Caferistan and Cashmere, where Shivaism and Brahman- 
 ism had been for a long time saturating Buddhism to the 
 almost total oblivion of many of its original characteristics. 
 Thus it happened, that Buddhism reached Tibet in an adulterated 
 form, and entering there into an amalgamation with indigenous 
 
 * 1, c. page 29 et seq. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [255 
 
 systems of Animism and especially with the necromantic 
 superstitions which have ever been rampant in this country, 
 Tibetan Buddhism departed still farther from the original type 
 of moral asceticism. Nevertheless the spirit of propagandism 
 was astir among the early Buddhists of Tibet as much as among 
 the adherents of Southern Buddhism. Being connected by 
 trade with China, Tibet sent Buddhist emissaries to labour in 
 China even before Buddhism became a recognized power 
 among the Tibetans. The Buddhist Church of Tibet gained 
 its first official recognition during the reign of Lha-lho-lhori 
 (407 A.D.) who claimed to be a lineal descendant of the Shakya 
 family. About the middle of the fifth century Nestorian 
 missionaries reached Central Asia and made numbers of Bud- 
 dhist priests of Tibet acquainted with the story of Christ's life 
 and with the ceremonial of the Catholic Church. True to the 
 eclectic instincts of Buddhism, the Tibetan priesthood, then 
 and in subsequent centuries, adopted as many Christian ideas, 
 traditions and ceremonies as they thought compatible with 
 Buddhist orthodoxy. Here we have then the explanation of 
 the above mentioned coincidences in the traditions concerning 
 the life of Buddha with the gospel narratives of Christ's life. 
 Introduced into the Buddhist hagiology of Tibet, these semi- 
 foreign legends speedily found their way into the Buddhist 
 literature of China, and caused generally an adulteration of 
 the original traditions of early Buddhism in Eastern Asia." 
 
 Into Japan Buddhism was introduced, via Corea, in the 13th 
 year of the reign of the Japanese Emperor Kin-Mei, Ching-ming, 
 corresponding to 552 A.D. Thus 487 years later than in China, 
 where it was introduced, as said before, about 65 A.D. during 
 the reign of the Chinese Emperor Ming, of the How-Han 
 dynasty. 
 
 Buddhism is divided into two broad and general classes, 
 called in China the Ta-cheng, Major accomplishment, and Siao- 
 cheug, Minor accomplishment. The first comprises the pure 
 
256] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 philosophical system connected with scientific speculations on 
 the physical system of the universe, based on the stage of 
 development in which natural science existed in India at that 
 time ; while the minor part comprehends the dogmatical rituals 
 of the creed, to be followed without any intellectual reasoning 
 or speculation ; this includes the paradise with its promises of 
 sensual pleasures and the hell with its eternal tortures. 
 
 The original doctrines of Shakyamuni Buddha, embodying 
 the essence and substance of Buddhism, were handed down 
 orally, through a series of patriarchs, from generation to genera- 
 tion. It was not until the years 412 to 432 of the Christian era 
 that the whole Buddhist Canon was compiled and fixed in writing. 
 As it is practically an impossibility that every member of 
 a community should be a priest or professionally a mendicant, 
 Buddhist asceticism had to relax into more practicable and 
 popular means of salvation. And as profound and argument- 
 ative philosophical speculations were only attainable by highly 
 educated and developed minds, the common man had to be 
 compensated with the sensual representations of idols and 
 ritualism ; while the higher initiated, feeling themselves far 
 above these sensual absurdities, passively suffered their philos- 
 ophy of Ethics to be transformed into the most idolatrous 
 popular religion and superstition on the face of the earth. 
 
 The yearning of the human mind for the halo of lofty 
 spiritual glory, mixed up with the want of weak humanity for 
 something to lean on, in order to reach with some mechanical 
 help this spiritual glory, is amply satisfied in the minor part (the 
 siao-cheng,) of Buddhism. Buddhas and Buddhisathwas, as 
 the principal disciples or apostles of Buddha are called, are the 
 saviours of the devotees, while monastic institutions combined 
 the charms of holiness, by which self-denial becomes attract- 
 ive, with the ease of a quiet home-life in the convent. This 
 made monastic life a pleasant dream and very desirable for 
 " those whom society can very well spare and is not unwilling to 
 part with." Then there is the doctrine of the karma, which 
 
80] THE PHILOSOPHY OF CIVILIZATION. [257 
 
 means "act", and determines the aggregate moral balance- 
 sheet of good or evil of the life led in each form of the transmi- 
 gration of the soul. Shakyamuui Gautama said, in answer to 
 the Brahman inquiries: " All sentient beings have their own 
 individual karma, or, the most essential property of all beings 
 is their karma ; karma comes by inheritance, not from parentage 
 but from previous births; karma is the cause of all good and 
 evil. ... It is the difference in the karma that causes the 
 difference in the lot of men, so that some are mean and others 
 are exalted, some are miserable and others happy." Gautama 
 declared further, thafc he obtained the Buddhaship " neither by 
 his own inherent power nor by the assistance of the devas, but 
 by the meritorious karma of previous births."* Having passed 
 through every form of life, being born as a tree or plant, as a 
 bird, a stag, an elephant, and so on, and having experienced 
 nearly every condition of life, vegetable, animal and human, 
 he was, after this long long probation, born, at last, into the 
 heaven of the Devas, from where Buddhas descend on Earth. 
 
 Buddhism, as stated before, is a variation or rather reform- 
 ation of the old Brahmanical doctrine of the Veda, the oldest 
 code book of Asiatic nations, the doctrine of emanation, 
 metempsychosis, and final absorption into Brahma. The origin 
 of this dogma is the consciousness of the struggle between the 
 moral and the material elements in Nature, between the 
 moral senses of man's spiritual nature and his materialistic 
 selffishness, lust and passions, and moreover, the necessity of 
 this struggle to purify and strengthen the soul for com- 
 munion with its Creator. On this pure conception of the soul, 
 was built the system of the fanciful mysticism of metempsy- 
 chosis, by Brahmanical priest-craft, which originated the idea 
 of caste, from the priestly craving to identify the Brahman 
 priest-caste more closely with Diety than others. From this 
 tendency originated also the pantheistic conception. Thus ifc 
 
 * HARDY. "Manual of Buddhism," p. 145 et seg. 
 
258] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 came to pass that a doctrine in its origin full of depth, for 
 soul-elevating religious conceptions, was distorted, through 
 human vanity and selfishness, into a lahyrinth of mysticism, 
 which can only afford food for fierce imagination in metaphy- 
 sical meditations. As the product of Imagination, void of 
 Common Sense, this structure of Metempsychosis affords ample 
 basis for many systems and speculations widely differing in con- 
 stitution and idiosyncrasy, from the atheism of D. F. Strausz 
 and the positivism of Comte to the modern Western Buddhism 
 and Spiritualism.* 
 
 Of the doctrine of transmigration of the soul in successive 
 degrees of new births on earth, the Caste system is the inevitable 
 consequence. Buddhism, which was meant as a reformation 
 of Brahmanism, abolished Caste, but retained Metempsychosis 
 and its different biological and social conditions of re-births on 
 earth, in distinct gradations, as punishment for sin, and 
 stimulation to virtue. The Buddhist philosophy was thus 
 inconsistent at the outset. If caste distinction held the Hindu 
 people of India in social bondage, at once tyrannical and 
 degrading, Buddhism left them in the far worse moral bondage 
 of inevitable misery on one hand, and, on the other, of sullen 
 despair of the triumph of justice and benevolence in actual life, 
 and of ever escaping the horrifying exactness of this lex talionis 
 of the karma, except by physical, intellectual and spiritual 
 suicide. And the means prescribed to arrive at this state of 
 total annihilation of self is the Buddhist morality, " the path 
 to Nirvana." Can it be wondered at that a religion with such 
 
 * " Atheistic philosophers, unconsciously attracted by the natural affinity which 
 draws together atheists of all countries and ages, have during the last 
 fifty years almost instinctively gone on sipping at the intoxicating cup of 
 Buddhist philosophy. The Germans Feuerbach, Shopenhauer and von 
 Hartmann, the Frenchman Comte, the American Emerson, with hosts of 
 others, have all imbibed more or less of this sweet poison and taken, as 
 kindly as any Asiatic, to this Buddhist opiate. But most of all that latest 
 product of modern philosophy, the so-called system of positive religion ,the 
 school of Comte, with its religion of humanity, is but Buddhism adapte d to 
 modern civilization ; it is philosophic Buddhism in a slight disguise." Dr. 
 . J. EITEL. "Buddhism," etc., p. 3. 
 
80J THE PHILOSOPHY OF CIVILIZATION. [259 
 
 a system of philosophy has degenerated into the superstitious 
 idolatrous polytheism, of which the Lamas of Tibet and 
 Mongolia give us the living examples ? Buddhism, says Doctor 
 Eitei* tl acknowledged a design in nature, it recognized 
 immutable laws underlying the endless modifications of organic 
 and inorganic life and attained, even so long as two thousand 
 years ago, to that remarkable Darwinian idea of a pre-existing 
 spontaneous tendency to variation as the real cause of the 
 origin of species (the Motor of Evolution), but like Darwin 
 and his school it stopped shorfc of pointing out Him, who 
 originated the first commencement of that so-called spontaneous 
 tendency, and who laid into nature the law which regulates the 
 whole process of natural selection, God, the creator and 
 sustainer of the universe." 
 
 The inexorable fatality of the karma obliterates faith and 
 hope and makes love aimless ; striking at the root of the 
 Moral Senses, it makes Conscience useless and dries up the life- 
 sap of Sympathy, all for a barren sophistic nihilism nowhere 
 manifested in Nature. No expiation through repentance, no 
 hope for mercy to the troubled conscience, no Saviour, no 
 merciful Father. Here the mind, carried off on fierce Imagina- 
 tion, leaves Intellect and Feeling behind and wandering from 
 the path of natural Common Sense, misrepresents the destiny 
 of the human race and misses the goal of the Good. 
 
 Modern Buddhism and T/ieosophy. Buddhism we have seen 
 is the most transcendent of mental speculations, with a ready 
 plasticity in its esoteric aspects for any impression of imagina- 
 tion. No wonder then, that it became the favourite field on 
 which many imaginary creeds were cultivated. Its purely 
 idealistic philosophy, without a basis which is manifested in 
 Nature as a reality, is the nursery-bed for metaphysical specula- 
 tions of every description. Some of these products of the 
 Buddhist doctrine of metempsychosis are called Theosophy, 
 1. c. p. 66. 
 
260] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 Occultism, Modern Buddhism, etc., all based on purely abstract 
 mental exercises, and having for their plea the esotericism of 
 Buddhism, which is then represented as having two doctrines, 
 one for the initiated and another for the uninitiated.* 
 
 These sorts of experiments, demonstrating how far 
 the constructive power of imagination can be stretched, to 
 supercede logical common-sense, are, at present, not within 
 the scope of our inquiries. Nevertheless, in leading the reader 
 over the grounds of various moral-mental investigations, in 
 our attempt to reach the conclusions of the philosophy of 
 civilization, we are compelled to point out, by the way, the 
 spurious growths, protruding from mental speculations which 
 have no basis in natural manifestations. 
 
 It would be of no avail to enter here into investigations 
 with regard to the different esoteric theories and systems of 
 "modern" Buddhism, called Theosophical Societies; which 
 originated principally in the United States of America, as so 
 many creeds under the auspicious appearance of new religions or 
 religious societies. Their history is so young and their doctrines 
 so entirely transcend the bounds of mental speculation, that 
 it is impossible to guess after which of the manifold versions of 
 the Buddhist Philosophy they will, severally, take shape or dis- 
 sipate into transanimation. 
 
 Not all the Societies which bear the name of Theosophy 
 are Buddhistical, or have any relation to Buddhism. The 
 Rochester Brotherhood, for one, is a Christian Society. The 
 members of this Society seem to occupy themselves especially 
 with Mental Healing also called "mind cure" "faith cure," 
 " Christian science" etc. 
 
 Spiritualism is the doctrine of supernatural communica- 
 tion, whether visible or invisible, with the souls of the dead, 
 
 * Like the acroamatic traditions of the abstruse Egyptian mythology of Isis and 
 Osiris, doctrines not committed to writing, but to be transmitted through 
 hearing, by the ear of the initiated. Such excrescences existed also on the 
 Aristotle philosophy. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [261 
 
 through a "medium." Spiritualists are sternly opposed to all 
 schools of " mental-healing" without the help of a Spirit, 
 through the "medium." So also has Spiritualism nothing to 
 do with Buddhism and its transmigration of the soul, for after 
 death the souls of Spiritualists must remain unemployed, to be 
 called upon when required ; which could not be, if the soul were 
 eternally incarcerated in one body or the other. Spiritualism 
 and the metempsychosis of the Buddhistic Theosophy are thus 
 in direct contradiction, or rather competition, with each other. 
 
 The so-called "Modern Spiritualism" or "Telepathy" is 
 the exaggeratory speculation on the phenomena of sympathetic 
 " thought-transference," which consists in the mental perception 
 by certain individuals, at certain times, of a word or other object 
 kept vividly active in the mind of other person or persons, 
 without any transmission of impression through the recognized 
 channels of sense.* This fact of animal magnetism or rather 
 animal-electricity, by which miud may impress mind, the 
 Spiritualists make use of to exercise their psychomancy and to 
 prove that their divinations by consulting the souls of the dead 
 are natural facts. The complicated physical constitution of the 
 nerve-system, through which mental consciousness is expressed, 
 so sensitive in some individuals, gives often occasion for the 
 influence of animal magnetism', or animal electricity, through 
 which one mind can influence another, even to the complete 
 subjugation of the power of consciousness and individual voli- 
 tion of the influenced mind. 
 
 This animal magnetic or electric power, when exercised, is 
 called hypnotism or mesmerism,, and is used by professional 
 spiritists or "spirit-rappers", who pretend to have direct 
 intercourse with the souls of the deceased, to dupe their 
 audience at their so-called "spiritual-meetings." Here the 
 magnetic power of an expert spirit ist-magnetizer is, in some 
 instances, so strong and efficient that the "subject" is mes- 
 
 * Report of the London Society for Psychical Research. 
 
262] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 merised, as it were, instantaneously, at least without being 
 himself aware that his visionary conception and volition, 
 though apparently in possession of his normal consciousness 
 and free will, are under control of the magnetizer. In such 
 an abnormal mental condition,- whether in a trance or appar- 
 ently awake, one sees and conceives whatever the magnetizer 
 pleases to present to one's cognizance. When the mesmerized 
 subject is in a sleep or trance, he or she is called the 
 "medium" ; in the waking condition they are simply the dupes 
 of hallucination, through the illusions of that highly sensible 
 perception, which is occasioned by the temporary mental 
 disorder, brought on by the disturbed equilibrium of their own 
 corporal animal- magnetism, in consequence of the stronger or 
 more efficient magnetic power of their operator. In such 
 mental condition of a waking-dream the apparition of spirits 
 seems to be a natural affair. 
 
 It is obvious thafc such straining on the cerebral nervous 
 system must finally lead to idiocy or insanity. Hence the 
 nonsense sometimes uttered by " mediums " in their so-called 
 spiritual revelations from the " other side."* 
 
 * la a leading Spiritualist periodical ("The Carrier Dove" of San Francisco, 
 August, 1887) which puts forward, as "Evidence of Spirit Power," a 
 series of common place ghost stories, appears the following, under the 
 bead: " Spirit Authority." -"To what extent ought Spiritualists to accept 
 the statements from 'the other side' as authoritative? When they deal 
 with matters of spirit-life, and the career of the individual after ' death,' a 
 reasonable latitude can be tolerated. They are living that life. Con- 
 sequently they ought to be the best able to narrate its experiences, facts and 
 general nature. When they deal with matters of practical psychology 
 from their point of view regarding mediumship, to wit: we can again ac- 
 cord them a liberal right to speak with authority. When they treat upon 
 the 'modus of the tangible phenomena they produce here, again, we can 
 grant they are better informed than us. When, in a word, they deal with 
 matters that are actually within their ken and practice, we can cordially 
 allow they speak with an authority that outweighs ours." 
 
 " The case is different though, when they assume to speak ex cathedra 
 upon matters of philosophy, moral religion, or science. We have heard 
 ' controls ' give utterance to some very novel and most peculiar ideas in 
 regard to such matters, with the result that the facts of physical science, 
 history and human progress have been so distorted as to be unrecognizable. 
 Re-incarnation, re-embodiment, theosophy, occultism and other more unde- 
 sirable fungi have grown in our midst until sometimes Spiritualism looks 
 a veritable nondescript in the walks of thought." 
 
80] THE PHILOSOPHY OF CIVILIZATION. [263 
 
 When acted upon by imagination, the human mind, in 
 want of moral common-sense, becomes soon unstable, and when 
 to this is added the influence of magnetic agencies, disturbing 
 the corporal magnetic equilibrium, the mind is rendered unfit 
 for healthy subjective conception of its own and the Ego 
 becomes unhinged ; in such condition there is no limit to 
 hallucinations of the most obstinate character. On this physio- 
 logical weakness of the human mind the profession of " spirit- 
 rappers" and " mediums" is constructed. All such cases of 
 spiritualism belong to the department of animal magnetism, if 
 not to that of mental pathology. Many cases, however, may 
 finally find their solution in Police Courts. 
 
 Hypnotism in medical treatment had some success, in those 
 cases where the power of volition is physically or morally 
 diverted from executing the conscious will (^cornp. 18, p. 23). 
 But even in those cases of pathological paralysis of the physio- 
 
 " There is no ' authority ' where reason is stultified and experience 
 outraged- When the spirit world assumes to teach us regarding the facts 
 of material nature and ignores all our acquisitions, then such teachers 
 themselves need teaching. We do not need to see our beautiful faith 
 become a new form of theocracy and priestcraft. Hence then we should 
 only accord the voice of authority to our unseen visitors when they deal 
 with facts relating to their own lives, or when we find them laboring 
 among us for the interests of truth as seen in our own life's history, 
 scientific achievements, social progress and intellectual advancement." 
 
 "At times, when listening to weary platitudes, we are constrained to 
 ask where does the inspiration end, and the mundane thoughts of mediums 
 and sitters come in ? We need to know more thereby rendering less 
 possible the domination of authority in our work and rank." ("27ie 
 Carrier Dove.") 
 
 This lecturing of their Spirits by the Spiritualists, to keep their 
 "beautiful faith" free f rom " theosophy, occultism and other more unde- 
 sirable fungi," and their " Spirit Authority " above the imposture of " theo- 
 cracy and priestcraft," is in striking analogy with Confucius' advice to 
 control the Gods by keeping them from too much familiarity. On this 
 Confucian Philosophy is probably based the disciplinary Canon of the San- 
 Kiao, in. the Buddhist Church in China, of whipping and scorching the 
 Taoist's God of Rain, when this divinity has been in vain implored to 
 relieve the thirsty soil with a few drops of moisture. 
 
 There is nothing new under the sun. If " Modern Spiritualism " would 
 introduce itself into China, in course of time it might, in spite of the 
 abhorence of its Spirits for regular employment by transmigration, come 
 to point! compromise with Buddhism, in the same way as this has been 
 grafted on to Taoism and Confucianism. It might have a better chance of 
 success here than its rival " Modern Buddhism" iu Japan. 
 
264] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 logical mechanism through which the volition takes place, 
 competent medical opinion must sanction the experiment. We 
 quote the following passage from a letter, written by a 
 distinguished lady-physician in Paris*, to a friend and relative 
 suffering from paralysis : " About hypnotism, let me urge you 
 most strenuously not to think of it for a moment. If you were 
 a woman whose illness arose from hysterics, and were half 
 imagination, or, if you were an idiot or crazy and would not 
 eat, etc., I should say, by all means ; because you would be in 
 such a grave state already that there would be no possibility 
 of making you worse, while there would be a faint chance of 
 making you better. But for you, a sensible woman, with 
 control over yourself and enough energy and consciousness to 
 make you do what is necessary and advisable, -i.e. with a 
 normal volition, it would be, in my opinion culpable. It is 
 not at all the same thing as electricity which, in some instances, 
 is of great service, but that has nothing to do with the mind, 
 whilst hypnotism has, entirely and exclusively, and is only to 
 be employed as mental treatment, of which, thank Grod, you 
 are in no need. You must not be surprised at the slowness of 
 your convalescence. In recovering from all illness, it is the 
 first stages that are long and tedious. The different organs 
 have to get back into good order, bit by bit and layer by 
 layer, so to speak. Afterwards, when the final stage of getting 
 tip the general strength comes, it is the affair of a week or 
 two only." 
 
 After reading this professional advice, with its lucid stamp 
 of Common Sense, we cannot help being drawn toward con- 
 cluding, that, if mental healing through " Christian Science" be 
 a fact, it must have been arrived at through such sensible 
 medical prescription, in which sound scientific knowledge is 
 combined with Christian sympathy. 
 
 * Madame MARY RAVEAU, nde TREGUSKIS, a M,D, of the Paris Medical Univer- 
 sity. (Rue de la Pornpe, Passy-Paris), 
 
80] THE PHILOSOPHY OF CIVILIZATION. [265 
 
 THE CHRISTIAN FAITH. 
 
 Development of the Christian Religion. Religion, as noted 
 before, marks the successive phenomena of the development of 
 the human mind on Earth, for it is the synthetic result of 
 the growth of the moral-mental organism of man. The Motor 
 of Evolution, whose effects we can espy through the whole 
 course of organic evolution, is called, in this sphere of Nature's 
 development, the Moral Element. To the Moral Element in 
 Nature, as we have seen disclosed above (in sections 26-34, 
 pages 31-51), is due the growth of the moral senses, Conscience 
 and Sympathy, and the rules that govern social organisms in the 
 condition of civilization. The history of Religion is the record 
 of the activities of this development^ the moral-mental organism 
 on Earth ; from which development it is proved that the Christ- 
 ian Religion, is, naturally, the perfect religion, as being the 
 religion in perfect harmony with the Moral Senses ($ 24-26). 
 
 To arrive at the present stage of moral- mental organism, 
 man had to pass through various stages of mental evolution. 
 So also has religion, to arrive at the present perfect stage of 
 Christianity, gone through different forms, correlative with man's 
 moral-mental development. 
 
 Like social life, religion is the natural consequence of the 
 human organism, and thus necessarily develops itself co-existent 
 with the social organism in which it marks the stages of moral 
 progress or retrogression. As such, religion is the test of civiliza- 
 tion, and perfect religion is correlative with perfect civilization. 
 
 In conformity with the developing mental organism, the 
 Moral Element becomes predominant and forms of religion dis- 
 close themselves accordingly. The similarity of religious prin- 
 ciples and forms, simultaneously appearing in countries widely 
 separated by climate and locality, as archsBological researches 
 have discovered, proves the universality of religion and its growth 
 in conjunction with the human mind, and in proportion with the 
 
266] THK PHILOSOPHY OF CIVILIZATION. [80 
 
 development of the moral senses. From the Moral Senses 
 originates the feeling of moral obligations with the compulsion 
 to comply with these obligations; from which follow the concep- 
 tion of a Moral Law and the consciousness of a Supreme 
 Maiutainer of the Law. This consciousness is the Religious 
 Faculty of the human mind, growing and expanding or retrograd- 
 ing conjointly with the Moral Senses. The history of the 
 development of religion among the different races of mankind 
 plainly indicates the mode of this development to be, first 
 intellectual and then moral, through the Moral Senses ; and, 
 of these, first conscience and later sympathy to expand. Religion 
 can thus be defined as the moral conception, in which the im- 
 pulses of the moral senses of the human mind are combined with 
 the highest idea of God. 
 
 Physical Mythology, the worship of the sun, the asters, 
 trees and animals, was of the time when the phenomena of 
 Nature were less known and thus were contemplated with the 
 awe due to their Creator. Then came the physico-mental or 
 intellectual development, marked, in the Greek and Roman 
 Mythology, by the sensual and poetical, and in the Northern 
 Mythology, by the more vigorous and striking forms, suitable 
 to the adaptations of each climate. Both these forms of religion 
 gradually superseded, at least depleted, the brutish form of human 
 sacrifices, but remained as yet enslaved in the grosser bonds 
 of the lower human passions, prejudice and superstition. But 
 man's mind would go on evolving and developing. Cicero felt 
 already, in his time, the power of mental evolution, when he 
 wrote thus : " "We see that imaginations and mere opinions 
 wear out and disappear. Who now believes in the centaur 
 or chimaera ?".... " Time destroys the fabrications of 
 opinion but confirms the decisions of nature. And therefore, 
 both in our own and other countries, the worship of the gods 
 and the sanctities of religions grow daily stronger and purer." (*) 
 
 * De Nat. Deor., II., 2. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [267 
 
 But " time" does not only develop the Intellect. Outgrowing 
 the physical senses, Nature transcends herself in the process of 
 evolution of the moral-mental development of man, disclosing 
 mental faculties of higher order and susceptibility, to meet the 
 exigencies of that higher consciousness which is called Intuition 
 ( 8-12), acquired through the highest moral development of 
 intellectual Instinct. These mental faculties of higher develop- 
 ment are the moral senses, Conscience and Sympathy. The result 
 of this moral evolution process is the Christian Faith. 
 
 Thus the historical forms of religion have marked the traces 
 of this natural development of the human race on Earth, con- 
 spicuous in the successive moral conceptions of religious ideas. 
 The objects and forms of the primitive crude fetichism have been 
 superseded and merged into higher mythology, according to the 
 developing conception of right and wrong, but subsequently, the 
 mind, transcending the mystic idealistic vagueness that precedes 
 the dawn of intuitive light, discloses the pure rational Christian 
 Faith, as the fruit of the well-grown Moral-Mental Organism. 
 
 This regenerating mental conception is the manifestation of 
 the Moral Element in Nature. As the human mind was gradu- 
 ally developing, the imaginative and mystical mental condition, 
 which superseded the mythological ideas, became more concen- 
 trated, and finally condensed into a purer moral element. From 
 this the mystic and imaginative notions, which consciousness 
 in its developed purer nature is unable to acknowledge, were, 
 in their turn, gradually expelled, thus making place for the Faith 
 of the developed Moral-Mental Organism. Man's consciousness 
 could then harmonize Christianity with his moral senses and the 
 Christian Faith was established in the human mind as the 
 consolidated conviction of moral truths ( 30-32). 
 
 This proves the indestructibility and permanence of the 
 Moral Element in Nature, as. the Creator's Spirit, permeating all 
 Creation, and finding its focus in every human mind, as so many 
 points of concentration where the struggle between the Moral 
 
268] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 Senses and the lower material nature is carried on. The longer 
 the human race exists on Earth the more man's moral senses 
 become developed and sensible to the influence of the Moral 
 Element. As man grew, the mystic imaginative forms of 
 religion, which have been fostered, for human interest, by 
 irrational dogmas and hollow formalities, had to make place for 
 genuine Christian Faith, as based on Nature's revelations. In the 
 instances described above of the Eastern religious development, 
 the human mind, in its evolution period, was ready for nobler 
 conceptions and higher characters of religion, but unfortunately 
 human egoism stepped in and deviated the ready intellect, from 
 its natural growth and development, into sensuality and mysti- 
 cism ; thus religious faith became a dwarfed combination of 
 ecstasy and fanatic superstition. 
 
 To counteract and remould all deviations from the natural 
 course of religious development, is the mission of Christianity. 
 
 Christianity. " Ethics, says Kant, issue inevitably in 
 Religion by naturally leading to the idea of a Sovereign Moral 
 Law-giver, in whose will that is the end of creation, which, at the 
 same time, can be and ought to be, man's chief end."* Here 
 the testimony of our Moral Senses gives us the experience of the 
 nature of God's working in our Soul, for Ethics issue in Religion 
 simply because the Religion is in harmony with our Conscience 
 and Sympathy, which are the testimonies of the Moral Law and 
 the originators of Ethics. " The moral law," says Dr. Martineau, 
 " first reaches its integral meaning when seen as impersonated 
 in a Perfect Mind, which communicates it to us and lends its 
 power over our affections, sufficient to draw us into Divine 
 communion. "f The conception that the evolution of the human 
 mind culminates in the moral mental organism, clearly harmonizes 
 
 * " Religion innerhalb der Grenzer der bloaaeu vernuft." Vorrede sur ersten 
 Auflage. Rozenkransz Edition, p. 6. 
 
 t" A Study of Religion," II., 29. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [269 
 
 with the conception that Christianity is the natural result of 
 evolution on Earth. 
 
 When in the human nature, progressive modifications with 
 higher and higher specialization finally attained the present 
 highest special modification in Religion, we find, as the result of 
 the testimony of our whole being, that we have experienced, 
 the Spirit of God, working in us the Christian Faith through 
 our moral senses. 
 
 As such the Christian Faith is the highest sentiment of 
 man, a life-giving aspiration to the Soul, native arid spontaneous. 
 This conviction, as consolidated from different conceptions of the 
 moral senses, causes the persuasion which exerts an essential 
 spiritual fascination over the morally developed human mind, and 
 renders the sense of Deity not a belief but a conviction of the 
 conscious mind. The trust in Providence becomes then a natural 
 tendency and a necessary factor of evolution, to attain the 
 development of perfection of the Moral-Mental Organism. 
 
 This conception of Christianity is in the highest degree con- 
 servative for it is the pure primitive revelation of Religion in 
 the human mind, as grown from nature. Rejecting all notions 
 of dogmas, as mere additions and structures, emanating from 
 selfish speculations or ignorance of Nature's laws, the Christian 
 Faith is predominant in the morally developed human mind, 
 not as a question of belief or disbelief in certain dogmas, as 
 established by the theological art of any clerical institution, - 
 but as a Moral Truth, which strikes the fountain-heads of the 
 innermost consciousness of the Moral Senses, when pure and 
 free from selfishness. 
 
 The Dogmatics. We have seen in these pages how Christ- 
 ianity is corroborated by Nature, as explained by science; if such 
 faith can stand the wear and tear of scientific investigation, it is 
 obvious that its metal is sound. This proves that the Author of 
 Nature is the Author of the Christian Religion, and that Revela- 
 tion is based on the sincerity of Nature. 
 
270] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 The gnawing bitterness of the sense of insincerity found in 
 church- dogmatism is fatal to Religion, making Religion useless 
 as a means of disciplining the mind and for the cultivation of the 
 Moral Senses. He who earnestly and with unselfishness follows 
 the scientific investigation of the works of Nature, with 
 genuine common sense, will strengthen his faith, and if the 
 church-dogmatism may lose its hold upon him, the living 
 consciousness of his Creator has not left him, for daily and 
 hourly he receives the Creator's revelation through his moral 
 senses : that to love and adhere to the good, and to hate and 
 abstain from sin is a necessity to human organism. 
 
 The dangerous assumption that the criterion of truth is to 
 be found in the doctrines, as created by human speculation in the 
 dark days of the history of the Christian church, had finally 
 degenerated the pure Christian Religion into an institution based 
 on human ambition and vanity, with all the meddling, selfish and 
 vicious working of cunning statescraffc, fighting, scheming, bribing 
 and sanctioning murder, like the acute politician, void of justice 
 and mercy, of the Machiavelian school of " the end sanctions 
 the means." 
 
 Thus the church had ceased to be the fosterer of the Moral 
 Senses, when the Reformation, born from the unrestrainable 
 power of the developing Moral-Mental Organism, regenerated 
 these church doctrines into Christianity ; thus saving the teach- 
 ings of Christ from sharing the fate of Buddhism, by being 
 smothered under the dust of dogmatic formalities and mysticism, 
 or becoming degenerated into Fetichism. 
 
 Natural Theology. There is a theological as well as a physical 
 science, but the first must be based on the latter, for the criterion 
 of truth is only to be found in the revelations of Nature. If 
 the Scripture, on which the dogmatic is based, has discrepancies 
 which are irreconcilable with ascertained scientific facts, and 
 of this the most eminent theologians are convinced, it is the 
 duty of good faith to find out the means of dealing with these 
 
80] THE PHILOSOPHY OF CIVILIZATION. [271 
 
 discrepancies, from Nature. Not man's, but God's work shall 
 give the verdict. 
 
 When with an unbiased pure mind we get at the conscious- 
 ness of facts, through the crucial test of Conscience and Sympa- 
 thy, we shall not fail to find, in the scientific investigation of the 
 development of Nature, startling analogies with the leading 
 features of Scripture-Revelation. But we need not such proofs 
 to rise to the conviction that the spiritual teachings of the Bible 
 can and must be maintained, notwithstanding that some of its 
 scientific or historical statements may be found not to cor- 
 roborate, in all" details, with natural facts. Genuine Common 
 Sense is not chained to the letter; it is the living logic of the 
 soul, which combines feeling with intellect ; through the letter 
 it arrives at the spirit which it retains. And so with the Bible: 
 the letter is from man, but the spirit of its teachings is of God. 
 
 The doctrine that those who believe shall be saved does not 
 exclude investigation, but is a warning against investigation 
 without Common Sense, i.e., investigation with only the incom- 
 plete physical senses of the Physico-Mental Organism (4) which 
 is the materialistic view, void of that genuine consciousness 
 which is formed and confirmed by the Moral Senses. This is 
 Natural Theology, as corroborated by Nature's teaching : that, 
 besides the materialistic intellect, the Moral Senses are the neces- 
 sary elements in the forming of moral Consciousness in the 
 developed human mind. 
 
 When we thus expound the Creator's revelation through 
 Nature by the light of natural Common Sense, imparted to 
 our mind by our Creator, we shall not only find striking analogy 
 with the written revelation in scripture, but we shall also find 
 Christ explained, through our Moral Senses, as developed by 
 the Natural Evolution Process designed by God. 
 
 This is Natural Theology, which is the science of finding 
 the basis of Christianity in Creation and tracing Christian Faith 
 to the natural development of the Moral- Mental Organism on 
 
272 J THK PHILOSOPHY OP CIVILISATION. [80 
 
 Earth. This will give Theology the claim of real scientific 
 knowledge, and free the Christian Beligion from the fatal con- 
 tending dogmas and creeds, under the pressure of which it is 
 fast losing ground in marching at the head of Civilization. 
 
 The Christian Doctrine. The belief in a future state of 
 punishment, or hell, is dogmatic and has no more real influence, 
 either in deterring men from vice or in encouraging them to 
 virtue, than the lex talionis of criminal jurisprudence. It does 
 not enter into the notions of real Faith, for Faith does not stoop 
 to the speculations of any formulated creed for doing good. 
 Faith is not dogmatic, not conditional; it is not called upon to 
 assert or to assume anything, not even the assumption of any 
 form or condition of our existence after death. The Christian 
 Faith is developedin the human mind under complete harmony 
 of the Moral Senses; it is a mental state of complete trust in 
 the Divine Will, wherever this may lead our destination (27). 
 The doctrine of a " future life " is consist ent with the Christian 
 Faith; it is a conviction which emanates from Faith but does 
 not constitute Faith. 
 
 Dogmatic religions in primitive forms and primitive stages 
 of development, may require the props of descriptive theories of 
 punishment and reward, but Real Christian Faith asks no 
 account of the destiny given by the Creator to His creatures. 
 Endowed with a Soul, emanating from the Divine Essence, the 
 Christian's trust in God, like that of real holy Love, is complete ; 
 it asks no preconcerting, it needs no " miracles " for its support. 
 Self-sustaining in its efficiency, it overlooks all. sets aside all, 
 overshadows all, through the all-absorbing irrefragable con- 
 sciousness of God Himself. It experiences no void in purpose, 
 while following the irremovable impulses, brought to the 
 developing human mind by the advent of Christ, in the leading 
 lights of the Moral Senses. 
 
 Such is the action of Christian Faith in the question of 
 the modes of a Future Life as well as in the belief in Miracles. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [273 
 
 Miracles are based on Faith; the belief in miracles is 
 consistent with Faith but not essential to it, and examination 
 into their evidence is not derogatory to the divine character of 
 Christianity, as this is upheld by the pure unrelenting Faith 
 in the unchanging character of God the Father. 
 
 " If in this life alone we have hope," the egoism of our 
 animal nature would be called common sense and prudence ; 
 but, on the other hand, if we have to speculate on the reward 
 of a future life, then Conscience and Sympathy would become 
 sophistical agents, and virtue a conventional doctrine, instead 
 of being the reflection of the Divine Spirit in Humanity, 
 created by the pure Christian Faith and loved simply for the 
 love of God. 
 
 Christ's teachings had the tendency of bringing a future 
 state before his hearers, as the destiny of the human race. 
 With this object He used to picture the future state to His 
 disciples, in forcibly striking manner ; for their better realiza- 
 tion He gave them, on the one hand, exalted descriptions of 
 the joys of Heaven, for those to whom spiritual life is prominent, 
 and, on the other hand, awful accounts of the fate of those who 
 persist in remaining in their material-animal nature, and perish 
 as such in corruption and by the fire, to which all matter in 
 corruption is doomed, as the final consummation of the material 
 nature. " Where the worm dieth not and the fire is not 
 quenched " is the allegorical description of hell ; while, on the 
 other hand, we can feel better than comprehend the <( peace of 
 God that passeth all understanding " of heaven. 
 
 St. Paul says: "there is a natural body and there is a 
 spiritual body." * The distinction between the future destina- 
 tion of the spiritual or moral nature, on the one hand, and the 
 end of the material condition of existence, on the other, is the 
 logical and natural consequence of the difference between these 
 
 * 1 Cot-. XV. 35. 
 
274] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 two elements of Nature. This every human mind with deve- 
 loped moral senses is conscious of. There can be no doubt, 
 that Christ's verbal utlerings, which were always formed after 
 striking earthly images, in order to convey tangible ideas to the 
 common understanding of the mass, (which could not otherwise 
 have grasped His ideas) took also, in the representation of the 
 ideas of " heaven " and ' ' hell," the allegorical form, corroborat- 
 ing with the existence of a physical body and a spiritual body. 
 
 Christ, while on Earth, took all the occasions possible to 
 raise the dormant Moral Senses of the human race, the 
 development of which was his mission on Earth. At one time 
 the most awful representation of the unrelenting Justice of the 
 Creator served to impress a vivid conception of right and 
 wrong, while on other occasion, unconditional Mercy was held 
 up by the promise of Salvation through Faith. 
 
 This is the Faith in the Creator, the FATHER OP MANKIND, 
 from whom, for the manifestation of God to man, 
 emanated the incarnation of His Divine Essence, called the 
 SON, whose first advent on Earth took place in the form of a 
 variation of the human species, as a living example and forecast 
 of a higher destination, in order to show to mankind the goal 
 to which the evolution of the human moral-mental organism is 
 leading to ; and of whom, the CHRIST, a second advent must 
 be expected, when this goal is reached, and this for the final 
 consummation of the destiny of Creation. The medium through 
 which the development and perfecting of the human race is to 
 be sustained in the human soul, until this Second Advent is 
 consummated, is the Moral Element in Nature, called the HOLY 
 SPIRIT, which pervades the moral-mental organism of man ; 
 this is the medium of the Divine light in the human mind, 
 for the development of the Moral Senses, through whose 
 impulses man is guided by his moral senses, towards the 
 Good, and which will carry him safely to his destination, if he 
 sincerely adheres to the Grood. 
 
80] THE PHILOSOPHY OP CIVILIZATION. [275 
 
 Hence the Christian Faith involves the idea of the 
 " Father ", the " Son " and the " Holy Ghost ", adopted as the 
 Christian Creed. The conception of God, of Christ and of the 
 Moral Element in Nature (the "Holy Spirit ") is thus, as 
 demonstrated above (p. 213 et seq. and p. 222 et seq.), deduci- 
 ble from the scientific principles, which confirm the teaching 
 of Religion. Through these scientific analogies the mysterious 
 Apostolic creed of the Trinity is rendered thinkable in its 
 principles. Much evil has been wrought by the heaping of 
 theological constructions on these simple moral truths, render- 
 ing them unthinkable mysteries, which, instead of elevating 
 the Moral Senses, sound as absurdities to Common Sense. 
 
 The duty of every Christian is the propagation of Christ- 
 ianity in Civilization. This renders it our duty to search 
 after physical demonstrations of religious principles. The 
 doctrine that Christianity contains mysteries insolvable by 
 human common sense is simply degrading the pure Christian 
 Faith into Fetichism. The Christian Faith is not based on 
 conventional dogmatism, but on the inward conviction of a 
 morally and intellectually developed mind. What does not 
 recommend itself to Conscience and Sympathy is not the Christ- 
 ianity as taught by Christ. Who can sustain that what is 
 apparently mysterious must not be submitted to reason? 
 Mystery is the enemy of Faith. If God has spoken, the ex- 
 planation of His word could not be more surely looked for 
 than in His own work in Nature.* 
 
 It is not a sensible or logic conclusion that a morally 
 developed mind must be doomed to scepticism or atheism be- 
 
 * ''It was assuredly no system or theory, most assuredly 110 exhibition of 
 thaumaturgic power which attracted men to Jesus Christ, but the irresist- 
 able influence of soul upon soul. To those who forsook all and took up 
 their cross and followed Him, He exhibited no set of doctrines, no code of 
 laws, but Himself, as being, in every deed, that truth, which is the 
 supreme desire of the Soul. The gospel which St. Paul, in an undoubted- 
 ly genuine letter, declares himself to have delivered to the disciples at 
 Corinth, was no catalogue of dogmas, but the manifestation of a Person, 
 who claimed for Himself the heart of man, to reign there as in Hia proper 
 throne," W. S, LILLY. "Chapters in European History," Vol. I., p. 55. 
 
276] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 cause it can free itself from the bondage of conventional religious 
 dogmas, emanating from Religious Institutions that are kept 
 together by superstition, based on human vanity and the 
 assumptions of Egoism. 
 
 The caged bird of God's Nature, who escaped the trammels 
 of the gilded wires, is not an outcast in his natural freedom. 
 Unless his wings have been clipped and his sight blinded by his 
 cruel custodians, he really regains the existence the Creator has 
 designed for His creatures. The mystic element in religion is 
 not the auchor of Faith, no more than the dogmatics called 
 " Catholicism." The distinction between Faith and Superstition 
 is that the one is based on the conviction that God is mani- 
 fested in Nature, while the other leaves Nature and science for 
 the easier acquired support in human selfishness and imagina- 
 tion. All what is really from God is simple truth, comprehen- 
 sible to his creatures for so far as meant for their guidance, 
 and although the finite human reason is not able, by far, to 
 grasp the Almighty Design, man's Moral Senses constitute his 
 common sense, which is Reason and Feeling combined, 
 into the touchstone to discern dogmatics from real Divine 
 Revelation. 
 
 MAN'S PLACE IN NATURE. 
 
 Man's place in Nature, as indicated by the evolution 
 process on Earth, asserts that the Christian Duties of Society 
 form the test of Civilization. This thesis shall be treated at 
 length, in the Fourth Chapter, which concludes this essay. 
 For the illucidation of the coming conclusion, however, I must 
 first bring under the observation of the reader the constructive 
 elements of my thesis. These are the Principles of the Christ- 
 ian Faith which guide our path in the imitation of CHRIST. 
 
 Here we enter the holy ground open to all God's 
 creatures, where Christian Churches of all denominations find 
 their common source, and thus a common basis of reconciliation. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [277 
 
 A man who has no Faith in the Creator has missed his 
 place in Nature. His mind is poor indeed. Although he 
 might excel in science, literature, art, politics, trade and a 
 thousand other things, yet, with all that, he has not reached his 
 place in Nature, for his mind has not reached the normal state 
 of development in Nature, i.e. the moral-mental organism. 
 
 " Unless above himself 
 He can erect himself, 
 How poor a thing is man ! " 
 
 In proportion to the development of man's moral-mental 
 organism he elevates himself above the mere selfish ends of his 
 animal nature. His conception becomes clear, his vision far 
 reaching, when not obstructed by narrow selfish ends ; and 
 the progress of science, which, to the mere materialistic, and 
 thus incomplete consciousness of the atheist, appears fatal to 
 Christianity, is to him the progressing revelation of the Creator; 
 for to him, more than to the prejudiced atheistic mind, 
 nothing is beyond the jurisdiction of Truth. 
 
 The discovery of truth, in all its aspects, is the privilege of 
 Science, but of the complete Science as based on genuine 
 consciousness, such as is only possessed by normal, pure and 
 unprejudiced minds, unbiased by d priori conclusions. 
 
 Intellect, cultivated through a selfish life of materialistic 
 details, fosters conceit and self-assertion and is fatal to genuine 
 Common Sense. Thus it is, that Intellect can degenerate the 
 noblest mind, when this is wrapped up in prepossessions and 
 prejudices, and leads it, conscious or unconscious, to blind 
 self-laudation. This intellectual condition often renders . a 
 man, who, in a normally developed state of mind, would have 
 been generous and impartial, so bigoted with his hobby, that it 
 becomes impossible for him to act fairly in matters of sentiment 
 antagonistic to his settled opinions. The fact is, that the mind 
 especially given to materialism is unable to conceive or follow 
 pure abstract thoughts which may elevate him above physical 
 
278] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 details, and make generalization of thought possible. The result 
 is, that the man, thus suppressing Feeling, the not less 
 essential element of Common Sense than Intellect, is not 
 likely to follow the Good, where Intellect must submit to the 
 Moral Senses in the guidance of humanity. He is apt ever to 
 remain an intellectual species of being, falling short of the 
 highest phase of mental development, and, as such, a man who 
 has missed his place in Nature in behalf of Civilization. 
 
 Like the prejudiced and conceited " literati" and savants 
 of the half-civilized Eastern Nations, so those " civilized " 
 scientists, who have lost themselves in the by-paths of Creation, 
 wandering from the main tract, are void of the mental power 
 and aptitude to elevate their train of thought to the full con- 
 sciousness inherent to the Moral- Mental Organism. With this 
 species of organism, as with all classes of phenomena in Nature, 
 individual modification is connected with systems of correlative 
 modifications of type, as formed by environment, i.e., with 
 regard to the human mind, by education. 
 
 Hence the existence of moral as well as intellectual 
 incapacity of certain individual minds. The moral incapacity 
 of the mind, i.e., that with regard to religious conception, 
 presents itself under the passive aspect of moral doubt ( 25), 
 which is sometimes called " agnosticism," or as positive 
 atheism. Agnosticism or moral doubt is passive, taking a 
 negative position with regard to the Creator, Atheism is the 
 positive denial of the existence of a Creator of the Universe ; 
 it is aggressive in all its forms, but absolutely unable to give 
 any proof for its assertion that there is no God. Agnosticism 
 is the common manifestation of the unthinking mind, although 
 it is generally affected with a presumption of deep intelligence. 
 Atheism is more the result of one-sided mental develop- 
 ment, i.e., of a mind in which the moral development does 
 not keep pace with the intellectual. Agnosticism does not 
 deny that behind phenomena there may be something of which 
 
80] THE PHILOSOPHY OF CIVILIZATION. [279 
 
 we know and can know nothing. It believes in a Motor of 
 Evolution, for phenomena and their relations seem to imply 
 as much. Atheism, the grossest of superstitions, positively 
 ignores all such things, for it originates from a combination of 
 prejudices, the wild oats of a badly cultivated one-sided 
 common-sense, i.e., of intellect without feeling ( 26). 
 
 The Imitation of Christ. From the evolution process of 
 Nature we learn that " variability " which is not an improve- 
 ment of type dies out, while improvement in the species is 
 forecasted by variabilities after which new types of a higher 
 order are moulded. These latter are the variabilities called 
 the "links of evolution," and, having a manifest end, they 
 evolve with special design. 
 
 In Christ the human race behold, as it were, the 
 " variability " after which to mould his moral organism. Man's 
 material nature is, so to say, complete, but the moral element 
 is still developing in his mind after the nature of Christ, the 
 highest moral "variability" produced by the Moral Element 
 on Earth. In Christ we behold the union between the absolute 
 and the relative, between abstract being and the sensible 
 world. The person of Christ, in whom we see the forecasting 
 of the Creator's communion with His creatures, was to the 
 earliest Christians the direct source whence they derived their 
 rule of life in its highest and lowest details. And as it was in 
 the first age of Christianity, so has it been throughout the ages 
 since. " Amidst all mutations of the social order, in all diver- 
 sities of physical environment, through all our political and 
 intellectual revolutions, the life lived, ' in loveliness of perfect 
 deeds,' has been the supreme standard and the great exemplar 
 of the foremost races of the world : the imitation of Christ has 
 been a never-failing fount of all that has been noblest in 
 individual action, all that has been most precious in moral 
 civilization. Of His fulness have eighteen centuries received, 
 each finding in Him the ideal to satisfy their different aspira- 
 
280] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 tions : the character answering to their loftiest conceptions : the 
 perfect and all-sufficient standard of right thought and right 
 doing/'* And after eighteen centuries, as foremost factor of 
 Moral Civilization, Christianity, when carefully preserved in 
 its original grand simplicity, is the only Keligion which, 
 through the moral-mental organism, can harmonize intellect 
 with the higher spiritual aspirations of the human race. 
 
 Faith in the Creator leads necessarily to Christ. The moral 
 sense of Sympathy reflects the Moral Element of Nature in 
 human minds, and Faith is the manifestation of the persistency 
 of this moral energy. The craving of sympathy to exhibit our 
 love for our Creator, through our actions, induces to Divine 
 Worship, and Christ taught us the most exalted form of wor- 
 ship to glorify God, in the simpliest but all-embracing Prayer 
 to " Our Father in Heaven." 
 
 The development of the Moral Senses caused the revival 
 of the Abrahamic or Hanyfite faith among the Arabic idolaters 
 of the Kaabah. This faith was originally brought forward 
 in all its purity, by Mohammed and the hauyfs, but, from 
 seeking after the " form of worship the most pleasing to God," 
 the faith finally degenerated into the convenient form of pleas- 
 ing God without curbing the indulgence in human lusts. 
 
 This is the form of worship that fired the enthusiasm of 
 the sensitive but sensual and warlike Arabians : indulgence 
 both in this world and the .next, and how to please themselves 
 by pleasing God. 
 
 This religious policy, however, was not established without 
 some struggle of the Moral Element against the animal egoism 
 of man. The zealous but honest hanyf Zaid, when perplexed 
 through opinions about rites and the "ritual language" in 
 which to adore God, but, above all, vehemently repudiating 
 all forms of idolatrous worship, cried out in despair : "O 
 
 * W. S. LILLY. "What is left of Christianity. " Nineteenth Century, August, 
 1888, p. 2B4 
 
80J THE PHILOSOPHY OF PIYTLTZATTON. (J281 
 
 God, if I knew what form of worship is the most pleasing to 
 Thee, so would I serve Thee, but I know not ! " But his more 
 astute brother-hanyf Mohammed left the doubt, .and took the 
 practical measures of leading the mass to success, by means of 
 the most powerful persuasive forces, viz., human enthusiasm 
 fed by the hope of the most desirable delights of the sensual 
 imagination.* 
 
 Such spoil Christianity cannot promise. Was it then to be 
 wondered at that the triumph of Islam was the doom of Christ- 
 ianity in Arabia. And, may be, this has saved it also from 
 totally degenerating, among races not yet properly developed in 
 moral-mental organism to receive the highest form of religion. 
 
 Mohammed was well aware that perfection was not attain- 
 able through .directing the hopes of his people to a material 
 paradise. When in the full glory of the success of his teach- 
 ings, he, beholding the exiled Zaid dying on the hill Hira, with 
 
 * Reward to the faithful is upheld by the promise of the Mohammedan 
 Paradise, described in the Koran as follows : "These are they who shall 
 be brought nigh to God, in gardens of delight: a crowd from the ancients 
 and few from later generations. On inwrought couches reclining on them 
 face to face: immortal youths go round about to them with goblets and 
 ewers and a cup from a fountain; their brows ache not from it, nor fails 
 the sense: and with such fruits as they shall make choice of, and with flesh 
 of such birds as they shall long for; and theirs shall be the Houris with 
 large dark eyes like close-kept pearls, a recompense for their labours past. 
 No vain discourse shall they hear therein, nor charge of sin, but only the 
 cry, Peace! Peace! And the People of the right hand, how happy the 
 people of the right hand! amid thornless lote-trees and bananas clad with 
 flowers, and extended shade and flowing waters and abundant fruits, un- 
 failing and unforbidden and lofty couchee. Verily of a rare creation have 
 we created the Houris, and we have made them ever virgins, dear to their 
 spouses, of equal age with them, for the people of the right hand, a crowd 
 from the ancients and a crowd from later generations." THE KORAN. 
 SURA LVI, 10. 
 
 The grand cause of the success of Islam was the use of the sword com- 
 bined with the promise of Paradise. "Paradise is under the shadow of the 
 Sword " is their battle-cry. Khaled's address to his troops, before battle, 
 was: "Paradise is before you, the devil and hell behind. Fight bravely 
 and you will secure the one ; fly and you will fall into the other." Khaled's 
 youthful cousin, at the battle of Emesa, cried out, "I see the black-eyed 
 flouris of Paradise. One of them, if seen on earth would make mankind die 
 of love. They are smiling to us. One of them waves a handkerchief of 
 green silk and holds a cup of precious stone?. She beckons me. Come 
 hither quickly, she cries, my well-beloved." (Irving. " Successors of 
 Mahomet," p. 67.) In truth could Khaled write to the Persian King : "I 
 will come upon you with men who love death as much as you love life." 
 
282] THE PHILOSOPHY OF CIVILIZATION. [80 
 
 only his honest simple Faith and full unconditional trust in the 
 Creator, the successful prophet appeased his conscience, by 
 canonizing the rejected hanyf with the formal allocution : " I 
 will pray for him; at the resurrection he too will gather a 
 Church around him."* 
 
 Mohammedanism, at its best aspect, is but Piety without 
 Faith. 
 
 Although Faith always includes Piety, yet there can be 
 Piety without real Faith. Piety, born from credulity and super- 
 stition, abstains from searching the truth from fear of doubt, 
 but Faith excludes doubt while it includes Piety. Piety 
 without Faith is simply a training of the mind by smothering 
 intellect and thus fostering credulity, while Faith is the 
 instinctive consciousness of Spiritual Truth, which outlives the 
 searching lights of Intellect and Science. 
 
 The relation which the Christian Faith impresses on our 
 mind, as existing between God and man, is established through 
 the Soul, as particle of the Spirit of the Creator infused in His 
 creature. As such emanating from the Spirit of Creation, the 
 Soul imparts to the human being the germ of moral develop- 
 ment (14). Intellect finds out the cells which build up our 
 bodily tissue from the first to the last, from birth to death 
 and decomposition, through the persistency of force. Science 
 discovered the development of the evolution process through 
 the differentiation of these tissues, while the unseen vital 
 activity of this persistency in differentiation is manifested by 
 these things to be seen. This "knowledge of the things we 
 see " brings us, through the manifestations of Nature, to the 
 knowledge of the mystery of existence, Le., of the origin of 
 the things manifested in Nature. These cells and tissues as 
 well as the whole universe, the "All," could not exist, 
 not even as atheistic meaningless forms of matter, but for the 
 
 * MAJOU OSBORN. "Islam under the Arabs," p. 34 et seq. SPRENGER. Das 
 Lebeu und die Lehre des Moh," Vol. I., p. 45 and 81. 
 
80] THE PHILOSOPHY OF CIVILIZATION. [283 
 
 unseen force which keeps them in the universal evolution- 
 process. Human physiology points to an unknown force, which 
 science postulates under the name of " vibrations of nerve- 
 cells and brain-molecules ; " the sequence of these vibrations 
 we call Mental Evolution and the constructive energy, which is 
 manifested through this order in the succession of vibrations, is 
 the Soul ( 10). 
 
 This mental evolution-process irresistably raises in our 
 mind the idea of a purpose or plan of the Creator with regard 
 to the development of the human being. This idea becomes 
 a conviction through the consciousness we experience by the 
 working of our moral senses, and this conviction developes into 
 Faith. 
 
 The Christian Religion is the expression of Faith, as 
 fostered by the Moral Senses, and thus the natural growth from 
 the Moral-Mental Organism of Man. It originates in the 
 natural development of the human mind under the intuition of 
 the Soul, which emanates from the Creator. Through the 
 Soul God has spoken to man and is ever speaking to each indi- 
 vidual. Thus the natural origin of religion is affirmed by our 
 moral senses, and of these the goal of development is shown to 
 us in Christ. 
 
CHAPTER IV. 
 THE TEST OF CIVILIZATION. 
 
 81. Man's place in Nature. The Moral-Mental Organism. 82. 
 Biological and Future State. 83. Man's Duty toward Civiliza- 
 tion. Measure of Ethical Conduct. Virtue in Civilization. Social 
 Happiness in Civilization. Family Life, Industry and Property in 
 Civilization. 84. Christianity the Test of Civilization. Christian 
 Missions. CONCLUSION. 
 
 81. Man's place in Nature. The Moral-Mental Organism. 
 Man is conspicuously the principal object of Creation on Earth. 
 As far as human knowledge goes, there is no higher finished 
 product of evolution in Nature than the Moral-Mental 
 Organism, which is the human mind in the state of moral and 
 intellectual development. 
 
 The consequence of mankind on Earth is not to be 
 measured or dependent from the rank and apparent influence 
 which astronomy assigns to our Globe. Physical Science has 
 dispelled the dread of barbaric clerical ages, that the rank 
 which the Earth occupies in the Universe would be the measure 
 of God's interest in mankind. Galileo, Giordano Bruno, and 
 other martyrs of scientific truth, were accused of imposture, 
 heresy, blasphemy and atheism, because they sought Diviue 
 revelation in the Creator's work ; but their successors on the 
 same path have revealed the truth that Nature's qualification of 
 small and great does not coincide with human opinion. " If 
 the Earth were only one of the smaller planets revolving round 
 
81] THE PHILOSOPHY OF CIVILIZATION. [285 
 
 the Sun, an insignificant body in the solar-system, she would 
 disappear entirely in the immensity of heaven, in which this 
 system, vast as it may appear to us, is nothing but an insen- 
 sible point, of what consequence could man then be ? " This 
 was the question anxiously put to Science, and although Science 
 caused the alarm, it is yet her light which guides us to Nature's 
 revelation : that we are not to mete out qualifications to pheno- 
 mena in the measure they appear to our physical senses, for in 
 Nature's appreciation nothing is " big " and nothing is "small" 
 The Universe consists but of minute interactions of the minutest 
 material atoms, guided by the smallest measurable forces ; and 
 although both atom and force may be imperceptibly small to 
 human physical senses, yet they are the creative structures to 
 development, the vastness of which is even more incompre- 
 hensible than the minuteness of the atoms. The imperceptible 
 germ is pregnant with the vastest scheme of the world's deve- 
 lopment. 
 
 What then if to human shortsightedness the Earth appears 
 physically an insensible point in the Universe ? And if this 
 apparently insignificant dust-mote in the space is just the better 
 constructed to cultivate life than many other of the largest 
 bodies of our solar-system, why should not this physical 
 energy called Life, and this moral element called Soul, of 
 which, combined, we witness the most marvellous development 
 worked out in the process of evolution, be of absolutely the 
 greatest consequences in creation, as the germs destined to 
 develop the spiritual as -well as the material element in the 
 Universe and which, as said before ( 5) are combined in the 
 Moral-Mental organism of man. If the human being, yes, 
 the whole race, were, in comparison to the Universe but an 
 ephemerical atom, again, biology teaches how the minutest 
 atoms form the ground work of life ; the germs of the loftiest of 
 creation are perfectly imperceptible to human senses in their 
 origin, while their power in development is immeasurably vast. 
 
286] THE PHILOSOPHY OF CIVILIZATION. [82 
 
 This shows us the consequence of the moral-mental organism, 
 i.e., of Man, on Earth. 
 
 82 Biological and Future State. The judge "who neither 
 feared God nor regarded man," because he had neither 
 Conscience nor Sympathy, is the infidel who is only compelled 
 to do his duty from selfish calculations : " this widow troubleth 
 me; I will avenge her, lest by her continual coming she 
 weary me": such is the motive for action of egoism void of 
 moral senses. 
 
 It is this egoism, in perpetual strife with the moral 
 element in Nature, that made the dogmatic description of 
 " heaven" and "hell" necessary, to impress the religious idea 
 of a future state where the good, that sacrifies itself, shall find 
 its reward and egoism its punishment. Such was the condition 
 of human nature, at the time of the first advent of Christ, that 
 it could not then grasp the real purity and fulness of the moral 
 element in Christianity. 
 
 When contemplating the process of evolution on Earth it 
 is rational to believe in the principle of continuity of life, which 
 alone can answer to the demands of Nature for an infinite 
 series of development, which begins and ends in the Unseen 
 Universe. We are driven by the speculations of Cosmic 
 Philosophy, to acknowledge the existence of this Unseen Uni- 
 verse, from whence the intelligent forces of Nature manifest 
 themselves in the present physical Universe, and thus, by 
 analogy, to conclude that the Unseen Universe is the seat of 
 Life and Energy, but we are not justified by scientific specu- 
 lation in assuming that we can ever attain to empirical 
 knowledge of this so-called Spiritual World. As we do not 
 know what life is, the less can we bring death under experi- 
 mental investigation. Bishop Butler says with truth, that : " if 
 there is an idea that death will be the destruction of living 
 powers, that idea must arise either from the reason of the thing 
 or the analogy of nature. But it does not arise iruui the reason 
 
82 J THE PHILOSOPHY OP CIVILIZATION. [287 
 
 of the thing ; for we do not know what death is. Again we do 
 not know on what the existence of our living powers depends. 
 Neither does it arise from the analogy of nature, for death 
 removes all sensible proof, and precludes us, consequently, from 
 tracing out any analogy which would warrant us in inferring 
 their destruction." 
 
 We may compose a nicely balanced verbal definition of 
 death, as philosophical, as logic as the definition of life, but 
 there ends our speculation, which, from the reason of the thing, 
 is undemonstrable through empirical science, for man after 
 death has passed beyond the sphere of human inquiry. Thus 
 human knowledge is not in position, at present, to assert or 
 deny the continuation of the soul, in any form, after death. 
 But as we are, on the other hand, as said above, compelled, by 
 scientific analogy and the speculations of cosmic philosophy to 
 conclude that the unseen source of Creation is full of life and 
 intelligence, the non-existence of this presumed spiritual world 
 must first be proved, before it could be logically concluded, 
 from the analogy of nature, that spiritual life in some form 
 after death is impossible, and that the existence of the indivi- 
 dual soul is but the work of imagination. All human nature 
 corroborates this spiritual life. For the same reason, we 
 acknowledge God. Apart from all dogmatic religious revela- 
 tion, and taking the world and the human mind as we find 
 them, in the present state of evolution on Earth, and 
 proceeding on the scientific data of evolution and the historical 
 data of civilization, the conclusion which these seem to render 
 inevitable is that the moral faculties of the mind compel us to 
 acknowledge a Supreme Spiritual Power, a Paramount Power, 
 which influences the human mind as it underlies all phenomena 
 in the physical world, in one word, to acknowledge God. 
 
 From the above stated propositions, we draw the following 
 conclusions : Faith in the Creator, like our Moral Senses, 
 is the instinct of the Soul, which serves the double purpose of 
 
288 J . THE PHILOSOPHY OF CIVILIZATION. [83 
 
 revealing God to man, and raising man towards God. Where 
 the invariability of the laws of the outer works of Creation is 
 insufficient to manifest the whole perfection of the Creator, 
 there the inward consciousness, emanating from the Soul, 
 supplies the want, through the conviction of Faith and the 
 light of the Moral Senses. We need not asume the existence 
 of God, we are compelled, by the Moral Senses of our mind, to 
 be convinced of the existence of the Creator, and of the 
 working of His Spirit in us, and, as we vainly endeavour to 
 grasp His magnitude, He appears to us both infinite and 
 eternal. Thus enters into our consciousness the idea of 
 immortality of the Soul, as having emanated from the Spirit 
 of the infinite and eternal Creator. 
 
 There is a conviction in man, that though he be a deve- 
 loped product of evolution, he is still a rational being not a 
 mere portion of matter fortuitously developed through blind 
 mechanical forces, but endowed with self-consciousness, intelli- 
 gence and a Free Will. This rational conviction is the 
 manifestation of an intelligent world energy. If there were 
 no Divine design in Creation, man, instead of being all this, 
 would be a blank negation of the evolution-theory, and the 
 human race would stand apart from Nature (which, without 
 design, would be irrational and blind) as a separate and 
 special creature which had no connection with the irrational 
 universe in which he lives. 
 
 The principle of Continuity of Energy in the Universe, 
 which is derived from our present experiences of physical and 
 moral evolution on Earth, furnishes us with the assumption of a 
 Continuity of Evolution, and is the scientific ground on which 
 man can become convinced, that the present state on Earth is 
 not the consummation of his destination (27). 
 
 83. Man's Duty toward Civilization. Measure of Ethical 
 Conduct. Ethics, as described before (pp. 229 234), deals with 
 the most highly evolved (moral) conduct in the most highly 
 
83] THE PHILOSOPHY OF CIVILIZATION. [289 
 
 developed being ; it thus includes all conduct which furthers 
 or hinders, in either direct or indirect way, the conduct of others, 
 and to which the qualification of justice and benevolence can be 
 applied; in other words, all conduct dictated by the moral 
 senses. The welfare of self is not included in Ethics, in so far 
 as the conduct concerns pleasure or pain, caused by material 
 means of individual self-indulgence, but the moral welfare of 
 self, the moral pleasure caused by peace of mind, is directly 
 promoted by actions in conformity with the moral senses. 
 Hence the furthering of the welfare of others, in conformity 
 with justice and benevolence, gives the pleasure of peace and 
 harmony to the morally developed mind, while the hindering 
 of the welfare of others, in opposition to the moral senses, 
 causes pain, the affliction of a disturbed conscience. 
 
 This rather elaborate definition of Ethics is stated here, 
 in order to guide us in the further demonstration that practical 
 Ethics is the mark of Civilization, and that man's duties toward 
 civilization, i.e., as civilized member of society, must bear 
 the mark of morality. 
 
 The mental process by which acts are adjusted to ends in 
 the highly developed mental organism of man can be traced up 
 from the different stages of evolution of the animal world. 
 Where the development of the mind is low and simple, the 
 mental process consists of the simple guiding of immediate 
 acts, by immediate stimuli to immediate ends. But with the 
 development of intelligence and the growing of the moral 
 senses, the ideality of the motives grows also, and the ends to 
 which the acts are adjusted cease to be exclusively immediate, 
 but form a complex impulse of the soul. When men live 
 exclusively the life of the physical senses, their moral senses 
 become degenerated, and overpowered by animal passions. 
 Such individuals can, scientifically speaking, be contrasted with 
 those in whose minds the moral senses are in full development, 
 at the same ratio as the lower animal stands to individuals 
 
290] THE PHILOSOPHY OF CIVILIZATION. [83 
 
 whose minds have not developed above the physico-mental 
 state of organism (4). The animal prompted by hunger has 
 no other motive than to satisfy the instinctive animal necessity; 
 while the thief, who, led by the imagination of material profit, 
 instigated by cupidity, deprive others of their property or 
 rights for his own benefit, is below all comparison with the 
 lower animal pouncing on its prey. On the other hand, the 
 intuitional restraint of the conscentious man, whose mind is 
 under habitual control of conscience and sympathy, acts 
 righteously, simply because it is in conformity with his nature 
 to do so. It is not the intellectual notion of legal punishment, 
 dealt out by Criminal Law, which shall bridle the rapacity of 
 the one or is the cause that the other remains honest. Only 
 the well developed Moral Senses can overrule the rapacious 
 selfishness of the animal nature of man, causing the egoistic 
 idea of material " pleasure " and " pain " to give way to the 
 altruistic notion of honesty. Conscience claims justice for the 
 person owing the rights or property, while Sympathy keeps 
 alive the picture of the pain which the loss is apt to entail on 
 the deprived owner. 
 
 This action of the Moral Senses, from which emanates the 
 natural aversion to all conduct injurious to others, does not 
 originate from the so-called " inherited effect of experience," 
 but direct from the intuitional power of the Moral Element in 
 Nature on the developed Moral- Mental Organism. This is the 
 power by which the fallen and degenerated human being is 
 reclaimed through the Christian Faith. 
 
 The degree of infamy, attached to bad conduct with 
 regard to man's duty to Society, is not measured, on the Scale 
 of Civilization, by the amount of legal penalty of Criminal Law, 
 but is determined by the degree of lower animal propensity 
 which the deed exhibits, in other words, the fall of man on the 
 scale of creation is the cause of the moral horror which crime 
 entails (78, p. 165 et seq). 
 
83] THE PHILOSOPHY OF CIVILIZATION. [291 
 
 Virtue in Civilization. We have defined the Good as the 
 perfect harmony of the developed moral senses Conscience and 
 Sympathy (14). Consistent with this definition, we call good or 
 bad conduct that which produces the pleasure of the peace of 
 mind, or which causes the tortures of an accusing conscience. 
 Here is meant by "pleasure" 'and "pain" the mental grati- 
 fication and dissatisfaction, i.e., the affections which concern 
 man's own feeling, and which depend from the state of 
 development of the individual moral-mental organism. These 
 naturally differ from the sensual pleasure and pain which effect 
 the physico-mental organism of the material man. 
 
 If we call " good" as Mr. Herbert Spencer puts it in his 
 Data of Ethics, each act so adjusted to its end as to further 
 self-preservation and that surplus of enjoyment which makes 
 self-preservation desirable ; " if we call " good" " every kind 
 of conduct which aids the lives of others, and does this under 
 the belief that life brings more happiness than misery," then it 
 is obvious that we do not consider what is here called " good " 
 as the result of moral motives, but simply as the result of 
 means by which pleasurable ends can be obtained. Logically 
 we could then call intrinsically or morally good any proximate 
 cause of any agent conducive, immediately or remotely, to any 
 sensual enjoyment, as good music, a good wine, a good appetite, 
 etc. The good will then be of a merely objective nature, and, 
 if so, each act so adjusted as to get the desired end, i.e. that 
 it brings happiness to others, should be per se good. That 
 this theory must land us in the magic circle of "the end 
 sanctions the means" is obvious. If the good is objective 
 only, it would become conditioned by personal taste, and the 
 merit of good conduct would be the conditioned pleasurable. 
 In the highest state of civilization the highest evolved conduct 
 could then only be called good incidentally, for the objective 
 result of a good action (which is beyond the control of the 
 actor) would then be the criterion of the deed and not the 
 
292] THE PHILOSOPHY OF CIVILIZATION. [83 
 
 motive of actiorij which alone, iu fact, is the result of the 
 " evolution of conduct." 
 
 Such is the consequence of the " ultimate derivation of 
 right and wrong from pleasure and pain ; " this shifting basis 
 of Materialistic Ethics, which, in vain, looks for corroboration 
 in the Free Will of man. But human Free Will, we know 
 (18, p. 25), ceases to be free the moment the deed is done; 
 the result of the voluntary act comes immediately with the 
 execution of the free will in the order of the sequences of 
 Nature, and thus we can never know, with certainty, the result 
 of our action. Our guides are our Moral Senses which form 
 the motive, i.e. the test of the right or wrong of moral actions 
 (18). The character of the agent and the quality of the deed 
 always partake of the nature of the motive. For this alone 
 conduct is responsible; the results, being beyond our control, 
 are incidental in their effects. 
 
 Mr. Herbert Spencer* says : " Suppose that gashes and 
 bruises caused agreeable sensations and brought in their train 
 increased power of doing work and receiving enjoyment : should 
 we regard assault in the same manner as at present ? " . . . 
 " Or, again, suppose that the picking of a man's pocket excited 
 in him joyful emotions by brightening his prospects; would 
 theft be continued among crimes, as in existing law-books and 
 moral-codes?", etc. But such reductio ad absurdum proves 
 no more, with regard to motives of moral actions, than an 
 actual economical problem could be solved by an answer on the 
 question : " Suppose that men walked on their hands instead 
 of, as now, on their feet, would the shape of our walking- 
 boots be the same as at present?" 
 
 It is obvious that the measures taken to meet actual social 
 and biological wants must be adjusted to the wants conform- 
 ably as these develop. No man will deny that the act we know 
 directly to benefit or to injure another is correspondently called 
 
 * "Data of Ethics." 11. 
 
83] THE PHILOSOPHY OF CIVILIZATION. [293 
 
 a good or bad act, for it is again the motive of pleasing or injur- 
 ing a fellow-creature that qualifies the act, and every one knows 
 by experience that what we call the badness of an action is not 
 ascribed to it solely for the reason that it entails pain immediately 
 or remotely, not more than acts which are pleasure-giving 
 can always be called good. Although the results of well-meant 
 motives may sometimes be mere failures, with regard to the 
 amount of pleasure intended, yet we could never bring our moral- 
 senses to class any act of instructing the ignorant in religion, 
 ministering to the sick, caring for orphans, doing justice to 
 good behaviour, or combating intemperance and immorality, as 
 useless, because some necessary pain must be inflicted. 
 
 When cultivating charity and other effects of the Christian 
 Faith, the result might not always answer to the motives that 
 prompted the acts, but, as said before, the test of good and bad 
 conduct is not to be looked for in the results. The test is the 
 harmony of the Moral Senses. This test forms the standard of 
 civilization, "the ideal goal of the natural evolution of 
 conduct," i.e. that practical form which society assumes at the 
 highest stage of the evolution of the human mind, when the 
 good is presented to the normal conscious mind as a state 
 of perfect harmony between well-developed Conscience and 
 Sympathy, the only criterion for good conduct. 
 
 Our reasoning power as well as our judgment might fail, 
 with regard to the final result of our conduct on self and others; 
 this is the natural consequence of the frailty of the human 
 organism, with which mental faculties keep equal pace, but this 
 does not and cannot dispense a rational man, endowed with a 
 sound mind, from the natural obligation (when not prevented 
 by forces beyond his control) to act as, in his Christian Faith, 
 he sincerely believes to be right. 
 
 The good is not definable only by what benefit an object 
 of good actions might acquire in a material or physical sense, 
 for the good, like the Moral Element in Nature, of which ib 
 
[294 THE PHILOSOPHY OF CIVILIZATION. [83 
 
 is the manifestation, is a universal element of civilization, 
 which embraces the subject as well as the object. In this light 
 only Virtue is conducive to general welfare. The subject acts 
 in conformity with the impulses of the individual conscience and 
 sympathy; his conduct originates in sincerity of purpose, 
 which is purity of mind free from undue bias of interest and 
 speculative motives, and the end of the motive is defined by the 
 actual standard of civilization as moulded by the Christian Faith. 
 
 It is not with the most intelligent or the best adjustment 
 of acts to ends, neither in any skilful organization of the power 
 of human vanity, selfishness and superstition, in church or 
 state, that we must look for the criterion of virtue, not more 
 than in acts most conducive to material happiness or most 
 pleasure giving in its total effect on self or others or both. 
 Perfection of the moral-mental organism of man must be looked 
 for in the purity of the motives under which he acts, in 
 complete harmony with truth and benevolence, i.e. with con- 
 science and sympathy. Unless it is asserted that virtue is 
 inconsistent with pain or sorrow on self, as in all degrees of 
 self-sacrifice, or on others, incidentally, it is an error to define 
 good conduct as the adjustment of acts to ends to secure the 
 most pleasure-giving in its total effects on self or others or 
 both. Happiness is surely to be found in Virtue, but Virtue 
 cannot be tested by pleasurable feelings. Happiness can be 
 defined in terms of Virtue, for to be in harmony with one's 
 moral senses gives the feeling of happiness, called peace of 
 mind, but to define Virtue in the terms of happiness is to 
 apprise conduct by its result and deify the infernal maxim that 
 the end sanctions the means. The idea of happiness cannot be 
 separated from that of the good, for happiness which is not 
 based on virtue fails to satisfy the human mind, even in the 
 first stage of its moral-mental development. 
 
 Social Happiness in Civilization. That virtue is primordial 
 and independent from mere pleasure-giving effects is no reason 
 
83] THE PHILOSOPHY OP CIVILIZATION. [295 
 
 why there should not be any correspondence between virtuous 
 conduct and conduct that is pleasure-giving in its total effects 
 on self or others or both. The motive of action, in all instances, 
 is the promotion of happiness in Civilization. 
 
 Happiness, as we have seen before (17), is the experience 
 of the emotion caused by a combination of physical, mental and 
 moral conditions, all in perfect harmony. As such, happiness 
 does not comprehend only the pleasurable feelings, accompany- 
 ing actions that constitute mere living and enjoying of the 
 animal physical life, nor only this, combined with the mental 
 state which the life of external perception yields through the 
 physical senses, and which combination constitutes material 
 happiness ; and even this material life, improved by the modes 
 of consciousness accompanying mental capacity, which is 
 called knowledge, can only constitute rational life, i.e. the 
 intellectual happiness. But when the physical and the rational 
 forms of life, being combined, are enhanced by the harmony 
 of the Moral Senses, happiness will be experienced by the 
 civilized man, in the complete activity of his intellectual and 
 moral nature, as the unrestrained energy of knowledge and 
 goodness. And so, as we have seen before, there is no happi- 
 ness outside the Good and the Good is Peace of Mind, that is, 
 the conviction of Duties well performed. 
 
 Duty is thus the compact of harmony established between 
 the Moral Senses and the Intellectual Will, under the guarantee 
 of Faith in a Supreme Judge. Without Faith in a Supreme 
 Ruler, the contract cannot be enforced and Duty becomes then 
 a convenience of Intellect, as often as this can bully Conscience 
 and Sympathy into silence. Thus the basis of peremptory 
 absolute duty is Faith, forming the connection between Ethics 
 and Christianity. 
 
 As such, the objective result of good conduct, i.e. of con- 
 duct in harmony with the Moral Senses, does not concern 
 individuals only, as particular objects of ends of motives, but 
 
296] THE PHILOSOPHY OF CIVILIZATION. [83 
 
 is generally beneficial to the whole social organism, by forming 
 the Spirit of Law of the civilized society. The outcome of the 
 Spirit of Law, thus formed by the Moral Senses, is, as described 
 above (29, 33 and 40), the framing of those ethico-legal 
 rules for the guidance of the social organism, enumerated 
 before (43-61), called Laws. 
 
 The progressive development of the ethico-legal rules of 
 society, shows that Civilization, which is the work of the 
 Moral Senses, is appropriately defined as the actual sociologi- 
 cal condition in the process of forming the subjective conception 
 of the Good into objective practical Good (see 41 and 42). 
 
 Family Life, Industry and Property in Civilization. The 
 people who, in the struggle for existence, effectually employ 
 the most efficient material agencies on intellectual method, are 
 said to be progressing in material welfare, but the nation who 
 apply this welfare to carry into higher perfection the relations 
 between man and man for the amelioration of the social state 
 on moral principles, i.e. to attain a moral end, is acknow- 
 ledged as progressing in civilization. This progress is mainly 
 attained through the agency of Family Life, constituting the 
 centres of social life, from which the germs of Civilization go 
 forth into the Social Organism. 
 
 Social Happiness is the test of the civilization that is based 
 on Christian principles, and Family Life is the focus of social 
 happiness. With family life is intimately connected Industry, 
 and with industry, Property. 
 
 Property is thus a factor of Civilization as well as In- 
 dustry is. 
 
 Family relation is the link between egoism and altruism 
 in society. As long as family life predominates and legal pro- 
 perty is respected in a society, its stability is guaranteed. 
 
 Property is the result of Labour; if you attack property you 
 demoralize labour. It is the basis of family life, when combined 
 with the rights of will and bequest and inheritance. 
 
84] THE PHILOSOPHY OF CIVILIZATION. [207 
 
 Property is the safety-valve of society. Where the 
 struggle for material existence and the fierce competition in 
 labour, between all and every member of the society, had to go 
 on perpetually unmitigated ; where no one has saved enough to 
 be able to retire from the field of daily competition, in order to 
 make room for succeeding generations, there the struggle, 
 through the ever oversupply of labour, must perpetually 
 increase in intensity finally to end in the brutish strife of 
 barbarism. 
 
 This salving capacity of Property modifies the struggle for 
 existence. As such Property is a factor in the evolution- 
 process of the social organism, provided the conditions between 
 labour and property, the latter under the name of capital, 
 be regulated on sound ethico-political bases, as treated before, 
 in the sections dealing with the co-existence of individuals, in 
 internal social life (76-79). 
 
 84. Christianity the Test of Civilization. Civilization, 
 we have seen, is the state of process in the attempt to bring the 
 subjective Good, engendered in the individual mind through 
 the moral senses, into objective form, for the maintenance and 
 practical guidance of Society. .Hence Christianity whose laws 
 of Justice and Benevolence, in harmony combined, constitute 
 the natural form of objective Good, is the natural standard by 
 which Civilization is to be gauged all over the Earth. 
 
 In the preceding pages, we have noted the principal 
 forms of Religions which, as creeds or philosophy, or both, 
 have, for many centuries, before and after Christ, governed 
 the human mind on Earth. These are the Buddhism, Taoism 
 and Confucianism, as the peculiar religious conglomeration 
 of China, and the Mohammedanism of the Arabic tribes. It 
 is for our present argument not necessary to enter into 
 any investigation of their several schools and branches ; the 
 retardment of civilization which these have caused on Earth, is 
 conspicuously marked in the History of the Eastern Nations. 
 
298] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 Buddhism, old and evanescent, gradually makes place for 
 the Christian Creed, so necessary for the completion of Civiliza- 
 tion on Earth. Nations on the determined road to genuine 
 development, tend instinctively toward Christianity, for the 
 ennoblement of feelingand action. The Buddhist Nirvana, with 
 its purposeless negative conclusion, is no stimulant to social 
 perfection, and, without being aware of the change, the people 
 are slowly but surely drifting away from abstract philosophy 
 and mysterious creeds toward the search of a practical Religion, 
 in conformity with the natural drift of the developing Moral- 
 Mental Organism. 
 
 Confucius, Buddha and the old philosophy of Greece and 
 Rome are all pointing toward Christianity. From them we 
 learn, how social errors and blemishes, which paltry preposses- 
 sion of the mind, preconceived ideas and systems based on 
 imagination are fostering in religion, can dwarf the human 
 Moral Senses for centuries, but, at last, to regenerate through 
 Christianity. With Christianity the human mind enters into 
 that higher state of development of the Moral-Mental Organ- 
 ism, in which freedom of examination becomes possible through 
 Conscience and Sympathy, i.e., through Reason and Feeling 
 combined, which is the intuition of the Soul. 
 
 We have seen, by facts as stated above, that Religion, 
 like Social Life, is the natural consequence of human organism 
 and, as such, necessarily develops itself in conformity with the 
 moral-mental activities of man in social co-existence. The 
 Theological (the School], the Political (Aristotle, Confucius, 
 Hobbes), the Emperical Utilitarian (J. S. Mill), the Expedi- 
 ency-Morality and the Rational-Utilitarian (Mr. Herbert 
 Spencer), Buddhism, and Mohammedanism ; all these theories 
 are marked by the Moral Senses, in this aspect, viz : that their 
 characteristics are based either on the entire ignoring of the 
 evolution of the Moral Senses as the motor of human conduct, 
 (Aristotle), or by asserting this natural causation of moral 
 
84] THE PHILOSOPHY OF CIVILIZATION. [299 
 
 actions, by implication (Buddha) or only partially asserted by 
 induction (Mohammed). Christianity, on the other hand, as 
 above described being based on Biology, comprehends the 
 only religious theory which is based on the complete natural 
 relation that exists between the evolution of the Moral- Senses 
 and human conduct, as emanating from rational and moral 
 beings. This shows that Christianity is the Natural Religion 
 of the developed Moral-Mental Organism on Earth. This natural 
 relationship accounts for the degeneration of the people whose 
 actions are contrary to the principles of Christianity and for 
 the progress in civilization of those whose Spirit of Law is 
 based on Christianity. 
 
 Hence Christianity that fosters the moral senses is naturally 
 the objective form of the Good and the natural standard of 
 Civilization. 
 
 The race among which intellect and sympathy, reason and 
 feeling are equally balanced "in the well developed individual 
 mind, is really the predominant race on Earth, and could be 
 called the Aristocracy of Nature. Below the normal standard 
 of civilization are those nations among whom the moral-mental 
 organisms, and consequently the moral senses, Conscience and 
 Sympathy, are wanting in sufficient development to be equal 
 to the task of forming, combined, the moral agency of society. 
 Selfishness and rapacity, i.e., the lower animal propensities 
 which hold sway over the scantily developed moral-mental 
 organism, leave their stamp on all actions which mark the 
 social life of these organisms. 
 
 Nations among whom the predominant idiosyncracy of the 
 race consists therein, that they possess the most luminous 
 intellect, often show the most pitiable lack of Sympathy; and 
 without the softening dews of Sympathy the soil of human 
 actions remains barren of moral fruit, and the light of intellect 
 becomes the scorching sun on the desert-sands of materialism. 
 Such nations are exclusive and one-sided, and hardly admissible 
 
300] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 to tlie higher calls of civilization. The state of moral 
 inadequacy of having only the physical and intellectual faculties 
 developed is manifested in their hollow forms of etiquette, 
 only a sham of civilization, and in their conceited one-sided 
 selfish culture, the erudition of which has no practical utility. 
 Luxurious abodes for the self-glorification of despotic rulers, 
 while works for public utility and roads for the most 
 necessary communications are neglected, are the marks of 
 semi-civilization. 
 
 On the other hand, while good roads, railways, canals, 
 passenger- steamers, hotels and postal-establishments are un- 
 doubtedly tokens of material progress, if they should stand 
 alone, unaccompanied by Institutions with moral ends, and 
 recourse for the poor and sick, they would fail to convey the 
 idea of progress in civilization. 
 
 Again, religious institutions may erect gorgeous edifices 
 in the forms of temples, cathedrals, chapels and monasteries ; 
 but these alone are no proofs of civilization; they are no signs 
 of advancing moral development, when they look down, in 
 gloomy solitary grandeur, on the desolate roads of town and 
 country, wasted land, or a demoralized population. 
 
 Only when practical application of the physical and intel- 
 lectual faculties is combined with public benevolence, toleration, 
 suppression of vice and propagation of morality, the progress 
 in Christian civilization is recognizable in the Moral-Mental 
 development. 
 
 While all non-christian Nations have, long since, passed 
 the culminating point of the highest perfection they were able 
 to attain, Christianity is yet ever progressing. The Christian 
 Religion differs from all other religions which, in the history of 
 mankind, have marked the course of the moral development of 
 the race. It is not limited, like the Jewish theocracy, to 
 certain tribes ; nor bound to any special, social or economical 
 condition or form of government, like Mohammedanism, 
 
84] THE PHILOSOPHY OF CIVILIZATION. [301 
 
 propagated by fire and sword and sustained by fanatical batred 
 and envy toward otber creeds. The Cbristian Religion, 
 abrogating tbe old theocratic distinction between Jew and 
 Greek, circumcision and uncircumcision, and, resting on no 
 national or theocratic basis, but purely upon free individual 
 conviction, as being the natural religion, makes the most 
 powerful appeal to the moral senses, to elevate the creature 
 toward its Creator. 
 
 The Moral Senses point to altruism, and altruism is the 
 goal of Christianity. And, though the struggle be hard and 
 continuous with the lower propensities of the material animal 
 nature, yet the moral-mental organism, in order to comply with 
 the evolution process, shall reach the goal when upheld by the 
 powerful support of the Christian Faith. 
 
 Individuality is the strength of Christianity. While other 
 creeds have moved the mass with sweeping fanatism that 
 brought whole tribes into fierce activity, with religion and their 
 God for war cries, to be smothered in blood, or, while stereo- 
 typed dogmas, built on sickly imagination, have ended with a 
 stunt in the moral-mental growth, Christianity is developing 
 and growing with the human organism ; working and growing 
 and being perpetuated by ever recurring conversions ; winning 
 its souls one by one but growing surely and steadily, working 
 the moral-mental organism to its destination. In strengthening 
 the human mind against any impure contingency that might 
 enslave the moral-senses, it works unrelentingly to the perfect- 
 ion of the race. Christianity, this universal religion of mankind, 
 is based on the natural evolution-process of the Moral-Mental 
 Organism of Man, and thus constitutes the natural Test of 
 Civilization. 
 
 Goethe said that the true standpoint to be taken in all 
 criticism, thus also in the criticism of civilization, is not to 
 deviate from the whole, the good and the beautiful. 
 
 11 Im Ganzen, Guten, Sohqnen, 
 
 resolut zu loben." 
 
302] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 We may all resolve to live in the " whole," the "good" 
 and the "beautiful; " but, where is the good and what is the 
 beautiful and can we ever grasp the whole ? Goethe gave a 
 good prescription, but where are we to look for the ingredi- 
 ents ? Such is poetry ! 
 
 But there is a sure guide in Nature, and the present 
 dissertation is an attempt to bring this to light in Christianity, 
 which is the harmony of our inward nature with the rest of 
 Creation. Here we find the standpoint for an enlightened 
 view of Civilization. Our moral senses, Conscience and 
 Sympathy, strengthened by the Christian Faith, will ever be 
 the sure guiding lights to our life's destination. 
 
 The Good man, through all the dark drifts of life, 
 
 Is ever conscious of the right course in strife- 
 
 Two Moral Senses, the Creator's gifts through your Soul, 
 
 Give you Conscience and Sympathy, guides to the goal. 
 
 "When your Conscience is clear, your Sympathy bright, 
 
 It is Justice that leads with Mercy in sight ; 
 
 Two headlights, lit toy Faith that in Christ finds support : 
 
 Keep the two lights in one, and Heaven is your Port. 
 
 Christian Missions and Civilizing Agents. Moral Courage 
 is the safeguard and the vindicator of Virtue ; it is the courage 
 called true courage which sternly and unflinchingly upholds 
 virtue under any disfavouring circumstances ; it is the courage 
 of the Christian Missionary in non-Christian lands. 
 
 It is through the agency of Christian Missions that the 
 Christian duty to Civilization, in the propagation of Christ- 
 ianity, is to be fulfilled. This duty devolves on every civilized 
 Christian, and ranks first among acts of Charity. 
 
 Charity has its qualifications as all human actions. Those 
 who are unable to contribute personal labour find a substitute 
 for their labour in money gifts. Yet there are, both men and 
 women, in Christian Civilization, who give their labour as well 
 as their money, by following up their gifts with painstaking 
 husbandry in all charitable work, as to secure the appropriate 
 
84] THE PHILOSOPHY OP CIVILIZATION. [303 
 
 fruit to the bountiful sowing. Well directed charity in Christian 
 Mission-Work can be practiced without extravagant demands on 
 the citizen's person or his purse.* 
 
 Besides the Christian duty toward Civilization, there are 
 two main arguments of necessity for the propagation of 
 Christian Civilization through Mission Work, the one of 
 political and the other of moral nature. 
 
 The Christian Mission field is extensive. The uncivilized 
 non- Christian nations of the Earth far exceed in quantity the 
 morally civilized portion of the human race. Christian Civili- 
 zation is thus continually placed in jeopardy of being destroyed 
 by the brute force of material humanity. The arduous 
 propagation of Christian civilization is thus not alone a task of 
 Christian duty, but also a necessity of social self-preservation. 
 Civilization, continually assailed, internally as well as from 
 
 * Charitable Institutions working on this line in China are all worthy of obser- 
 vation. There are several established and working through Western 
 money and Western labour, independent of the real Religious Christian 
 missionaries. 
 
 Of four distinct categories of Charity, I can mention here working 
 Institutions of the class indicated viz: (1.) The "Children's Home," 
 established in 1887 in Shanghai, by public subscription, under the presi- 
 dency of CORNELIUS THOENE, Esq., and managed by Ladies. (2.) The 
 "Ladies Benevolent Society of Shanghai" with which the best names of the 
 foreign communities in China are connected. (3.) The Society for the 
 Diffusion of Christian and General Knowledge among the Chinese^ of which 
 Sir ROBERT HART, G.C.M.G. is the President, and the Rev. ALEXANDER 
 WILLIAMSON, LL.I). the Hon. Secretary ; an institution which speaks for 
 itself and well worthy of the support it enjoys in China and in Western 
 civilized countries. Through this Society' is published besides many other 
 educational Chinese works, a monthly paper in Chinese Vernacular, the 
 Wan-Kiooh-Kung-Pao ("Review of the Times") edited by Rev. Dr. 
 ALLEN of Shanghai. The cheapness of this paper (one silver dollar per 
 annum) and the highly interesting and instructive articles from able 
 contributors, would make the Wan-Kivoh-Kung-Pao an efficient agent of 
 civilization in China, as soon as a wider circulation could be secured. 
 Among this class of agencies for the propagation of Civilization through 
 Popular Education, must be reckoned the various ably conducted Mission 
 Presses in China, Japan, India, etc. From the old establishment of the 
 American Presbyterian Mission Press, at Shanghai, under the able manage- 
 ment of Rev. GEO. F. FlTCH, are constantly issuing forth series of religious 
 and educational Chinese Publications of eminent sinologues. (4.) The 
 " White Shield Union" an association for defending and promoting Social 
 Purity, originated by Mrs. LOUISA H. GULICK, of the "American Bible 
 Society's Agency " at Shanghai. Mrs. Gulick, strong with noble Christian 
 energy, is the Hon. Secretai'y of the *' White Shield Union." 
 
304] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 without, requires strong and intelligent supporters. This is the 
 political argument for the propagation of civilization through 
 Christian Missions in non-christian lands. 
 
 The short-sightedness of ignoring this argument was the 
 cause that many progressing conditions of ancient civilization 
 have been rudely thrust back by invading hordes of savages, 
 and History shows that this was the result of the overbearing 
 pride and selfishness, with which civilized nations kept the 
 despised barbarians from any participation in their one-sided 
 civilization. The barbarians were regarded by their more 
 fortunate but selfish neighbours as beings, with whom civiliza- 
 tion had no concern ; as weeds and wild-oats, not worthy of 
 more notice than that of carefully keeping them out of the 
 fields of higher culture. Void of sympathy, these civilized 
 people of former ages were, with all their highly intelligent 
 culture, narrow-minded and blind through egoism. Their Civil- 
 ization was no Christian Civilization, and thus void of the life- 
 inspiring impulse toward altruism. 
 
 When treating above the social co-existence of individuals, 
 in the co-ordination of Labour and Capital, we have seen (in 
 78, page 148) for what reason the labourer's wages cannot be 
 regulated by market-quotation, as being dependent on the 
 standard of living, in conformity with the actual conditions of 
 civilization. The labourer's wage must keep equal pace with 
 the state of civilization under which he lives. To introduce 
 into the civilized community masses of uncivilized labourers to 
 compete with the civilized labouring class of a Christian Society, 
 is detrimental to the standard of Christian Civilization. Every 
 member of such society has the moral right to oppose this 
 deterioration of the moral standard of their community and to 
 keep out the degrading element. 
 
 Now, all this is conscientiously true, but yet, it seems we are 
 not quite satisfied with this thesis as it stands. Put it to the test 
 of the Moral Senses, and we find that, though it be fairly sanctioned 
 
84] THE PHILOSOPHY OF CIVILIZATION. [305 
 
 by Conscience; yet Sympathy does not harmonize with the act of 
 excluding fellow-creatures from our shores. Sympathy peremp- 
 torily claims an equivalent, and this consists therein that serious 
 efforts should be made to civilize those whose lower state of 
 civilization makes them, as yet, unfit to be taken up uncondition- 
 ally in a civilized community. This is the moral argument for 
 Christian Missions. 
 
 State-interference with regard to Slave-trade and Coolie- 
 traffic, in behalf of Civilization. We have seen now that, besides 
 the Christian duty to propagate Christian Civilization, there exist 
 two main sociological arguments for Christian Missions in non- 
 Christian lands: the first, the political argument of selfrpreserva- 
 tion, i.e.) the propagation of Christian Civilization, to ward off 
 the danger of civilized nations being swamped by uncivilized 
 tribes; the second is the moral argument just described. Thus 
 the lessons of History teach us that the material and moral 
 progress of civilized States depend upon the cultivation of Intellect 
 combined with the fostering of the Moral Senses and show the 
 modes by which Christian Civilization must be brought home to 
 non-Christian nations. 
 
 There is however another aspect in the intercourse between 
 Christian and non-Christian nations, viz : that which places 
 Civilized Governments in the light of propagators of Christian 
 Civilization. Such is the case when, in the great problem of 
 Civilization, State-interference becomes a duty imposed on civilized 
 Governments, by the claims of right and humanity, by Conscience 
 and Sympathy equally peremptory. 
 
 The African Slave-trade and the Asiatic Coolie-traffic, both 
 stand as yet in dusky array against Civilization, as an aspect of 
 gloomy accusation against civilized Governments. 
 
 While the Arabian Slave-dhows are being hunted down, their 
 living cargo set free and the vessels destroyed, and thus the 
 slave-trade crushed out under the avenging heel of Civilization, - 
 what are civilized Governments doing against crowded coolie- 
 
806] THE PHILOSOPHY OF CIVILIZATION. [$84 
 
 steamers, carrying their consignments to- the great coolie- 
 emporiums, which in reality are not better than slave-markets? 
 
 While Malay and African slave-hunters are caught by 
 foreign vessels and slung up in their own territorial waters, what 
 are civilized Governments doing to crush out the imperium in 
 imperio, established in their colonies, by vicious Asiatic coolie- 
 dealers whose trade is not allowed in their own " uncivilized" 
 countries ? 
 
 This coolie-trade has created its coolie-market) whither the 
 coolies are shipped from their native country, as chattel con- 
 signed to the monopolizing coolie-dealers, who, through a mon- 
 strous scheme of bribery on all sides, prevarications and 
 perversion of truth, have secured to themselves this lucrative 
 trade in human beings. At this coolie-market, the human chattel 
 is dealt out in lots to be delivered to the highest bidders for 
 plantation and mining-work in other countries. 
 
 With the coolie-dealer, as the owner of the coolie, the 
 labour-contract, for one to three years' service of the coolie on 
 the foreign estate or mining enterprise, is made, and to the 
 coolie-dealer the coolie returns after the expiration of his contract. 
 His savings are soon spent in the coolie-brokers' opium-kits and 
 gambling-houses, and he is again at the tender mercies of this 
 dealer in human labour. * 
 
 * The present enlightened Government of China in their noble effort to protect 
 their subjects from greedy labour speculators have forbidden the engage- 
 ment, in China, of Chinese labourers under contract. Unfortunately this 
 has led to the much to be regretted result of delivering the poor labour- 
 seeking emigrants to the mercy of the coolie-markets in foreign countries. 
 To check the mischief of these foreign Coolie-markets, it would be advisable 
 for the Imperial Government to organize Official Labourers-Depots in their 
 own Treaty-Ports, under direct supervision and control of Imperial Chinese 
 Customs-Officials. Here labour-contracts should be made by the bond-fide 
 Employer, or his acknowledged Agent, direct with each individual labourer, 
 and signed or stamped in the presence of said Chinese employes. In the 
 labour-contract should be mentioned the real name of the plantation or 
 mine, where the coolie has to work, and the conditions of time, wages and 
 passage, to and back, under which the labourer is engaged for the foreign 
 country. A moderate charge, to be paid by the employers to the Imperial 
 Customs Administration, would cover the extra expenses entailed by this 
 nervice with regard to the Official Labourers- Depots. 
 
84J THE PHILOSOPHY Of CIVILIZATION. 
 
 And to think that all these abuses could soon be put a stop 
 to,* if civilized Governments would only coine to some mutual 
 understanding about the Coolie- traffic like it has been done with 
 the Slave-trade. 
 
 If the coolies, before leaving their native places, could make 
 the labour-contract, under supervision of their own native 
 authorities, direct with their bond-fide employers, and clearly 
 mentioning the place where they have to go to, the nature of the 
 work, the wages, and other usual terms of a labour-contract ; 
 with the condition of passage direct to the country where they 
 have to work, and, after expiration of their contract, passage 
 back, direct to their homes, where their earnings shall be paid 
 out to them, then, through these simply logical proceedings, the 
 poor labourer would be kept out of the clusters of the coolie- 
 dealers of the foreign land, he would remain the owner of his 
 own labour and enjoy all the benefit it brings home to him. 
 Then, also, as the labourers are leaving, in separate batches to 
 the different countries, where they are to be employed in agricul- 
 tural or mining labour, there would be no more danger to be 
 feared from crowded coolie- vessels, carrying their miserably 
 confused living freight to the coolie-market. 
 
 The African Slave-markets are dispelled at the point of the 
 bayonet, but what are civilized Governments doing against this 
 violation of civilization by the coolie-markets on their own 
 territories ? 
 
 Non-Christian Nationalities of the lowest types of morality 
 cunningly seek out the shelter of Christian Civilization, profiting 
 by the immunity from bamboo-lash and executioner's axe, to 
 carry on their wily crafts and trade in human beings, thus 
 "turning the grace of God into lasciviousness." 
 
 Are the sacred privileges of civilization thus to protect vile 
 Asiatic cupidity, like the skin of the slaughtered sheep the greedy 
 wolf ? What are civilized Governments doing by such uncondi- 
 tional admittance to the freedom of Civilization of ail the gallows- 
 
308] THE PHILOSOPHY OF CIVILIZATION [84 
 
 birds of their uncivilized neighbours ? Why allow the infamous 
 coolie-market to disgrace your civilized colonies ? But, alas ! the 
 Revenue ! the emoluments of greedy officials. You may as 
 well plead with the opium-millionaire for the closing of the 
 opium-dens ! 
 
 But all these are temporary evils which will vanish before 
 the advancing Christian Civilization. Slave-trade and Coolie- 
 traffic with slave-markets and coolie-markets are simply incidents 
 of the actual uncivilized condition of the great mass of non- 
 Christian populations as yet to be worked upon by Civilization. 
 
 In this subjugation of civilization by the selfish rapacity of 
 the lower human nature, we see a new proof that no civilization 
 can exist which is not based on Christianity. 
 
 Christian Mission-work among Eastern Nations. Civiliza- 
 tion, as we see, is thus only attainable through Christianity, but 
 not by the special creed of any denomination. Civilization wants 
 Christianity, no Church -Polity. Idolatrous Christianity is but 
 Buddhism or Taoism in a new garb ; you might make many con- 
 verts, for the sake of the newness of the thing, but Eastern 
 Intellect has long since outgrown images and dogmatics. It scoffs 
 at the superstitions of Buddhism and Taoism, shall it have faith 
 in new mechanical means of sanctification ? 
 
 When contemplating the history of these ancient religions, 
 we learn how dogmas and church-rites, acting on the physical 
 senses and bare imagination, are deadening to the moral senses 
 and fatal to genuine Faith, and how they have failed, by inforcing 
 church-polity and mechanical means of salvation, to establish the 
 Religion of the Soul. 
 
 When, on the other hand, we think of the many elaborate 
 creeds and formularies which the different Christian denomina- 
 tions hold out to the non- Christian Eastern Nations, can we hope 
 to impose all or any of them on their mature Intellect ? * 
 
 * Rev. ALEXANDER WILLIAMSON, D.D. LL.D., at the Chefoo Association, on 
 
 3rd September 1888, read a paper on " Missionary Organization in China," 
 
 cuuluiiiiug a most zealous appeal to unity in spirit in the Christian Mission- 
 
THE PHILOSOPHY OF CIVILIZATION. [309 
 
 The crust of ancient philosophy, hardened by ages of 
 materialistic teachings, has sealed the well of the Moral 
 Senses with the rationalism of pure Intellect, and this can only 
 be pierced by the steel of scientific logic. Science is the only 
 power that can wrestle with the refractory intellect of these 
 one-sided Mental-Organisms. Here we must arrive at the heart 
 through the mind. Sympathy must be roused through Intel- 
 lect, to arrive at the conviction of Faith. 
 
 Prove to them that physical science is but the interpretation 
 of Nature as God's work ; that Christianity is explained through 
 the revelations of Nature. Show them Christ through this sound 
 intellectual culture, and their Faith based on conviction shall 
 soar far above Eastern philosophy and Western dogmatism. 
 
 Teach them the natural religion of Christ, which is the only 
 conclusion human common-sense will arrive at, when carefully 
 studying the Moral-Mental evolution-process on Earth, and their 
 souls shall work with their minds. The Mind, being thus morally 
 as well as intellectually developed, shall then conceive, through 
 the developed Moral Senses, the conviction of the Christian Faith. 
 
 work in China- The Rev. gentleman, in this elaborate lecture, in which 
 intellect and feeling were combined to impress on mind and soul, urged 
 on his brother-missionaries to lay aside the varied creeds and formularies 
 of the different Christian denominations, working in the mission-field in 
 China, in order to arrive at the one object of the entire missionary body, 
 namely : " the enlightenment of the nation ; the strengthening of the 
 nation ; the elevation of the nation into the clear atmosphere of Divine 
 truth and a purer civilization ;" in one word, the well-being and highest 
 interest of China. " In this case," says the Reverend Doctor, " we must 
 first of all win the respect and goodwill of the people, command the assent 
 of their intellect, and secure the affection of their hearts. We must instil 
 our faith, allow it time to work its own way, nourish and guide it as well as 
 we can, and wait patiently the development of the new character and the 
 renewal of the body co-operate which it will ultimately effect.'' (From 
 " The Chinese Recorder" of January 1889. 
 
CONCLUSION. 
 
 IN the foregoing pages we have tried to explain that the norm 
 of civilization, as based on human nature, is constituted by the 
 intuition of the moral senses, Conscience and Sympathy. This is 
 disclosed through the study of the development and activities of 
 the human mind, which we called the evolution of the moral- 
 mental organism (5). The phenomena of consciousness of the 
 mind, apart from any direct conception brought on from without, 
 we called Intuition (10), and found this connected with the 
 development of the moral-mental organism. The existence of 
 Conscience and Sympathy, which we designated as the moral 
 senses (15) of the developed moral-mental organism, needs no 
 demonstration. Common consciousness corroborates, these facts ; 
 every sound mind is fully cognizant of justice and benevolence, 
 as experiences which are involved in the very exercise of his 
 natural faculties. 
 
 On above stated facts is based the theory of the moral senses, 
 as expounded in the present study. 
 
 The object of this theory is the convergency into one focus 
 of the physical, the intellectual and the moral activities of the 
 moral-mental organism, in order to organize a system by which 
 the divergencies of human sentieucy can be gauged with relation 
 to the social organism (as shown with some ethical problems on 
 page 235 et seq.) 
 
 It is a self-evident truth that not only men of different races, 
 but also different men of the same race and even the same men 
 at different periods of life, have different conceptions of the 
 principles on which their standard of happiness is based; hence 
 the common notion of the relativity of happiness. This is the 
 natural consequence of the divergency of scntiency in different 
 
84] THE PHILOSOPHY OF CIVILIZATION. [311 
 
 stages of civilization and correlative mental condition. But as 
 we have seen, from the study of mental evolution, there is a 
 physical, a physiological, i.e. instinctive and intellectual, and 
 a moral sentiency in the developed moral-mental organism. Also 
 that there is a natural relationship between these different classes 
 of human sentiency, for the higher emotion can completely 
 neutralize the lower feeling. Thus physical pleasure or pain can 
 be subdued by instinctive emotions, while intellect is subordinate 
 to the moral senses : the moral exigencies of Conscience and 
 Sympathy overrule all. 
 
 The " dictates of absolute equity," of which Mr. Herbert 
 Spencer speaks in his Data of Ethics*, are not thinkable with- 
 out the idea of the subjugation of physical or intellectual selfish- 
 ness, by the intuition of the moral senses. 
 
 From the foregoing theses is conclusive that the moral 
 senses, as described in this work, are the moral factors of 
 social evolution. 
 
 The Christian Faith, we have seen, is the outcome of the 
 moral senses as the manifestation of the Moral Element in 
 Nature (32 and 40). And so is the Spirit of Law (33) which in 
 political sphere is the sociological exponent of the Common Sense 
 of Society, as formed by intellect and feeling combined (34). 
 
 Thus the theory of the Moral Senses shows the natural 
 causes of man's social changes, while Sociology tries to find the 
 purpose of these changes with the object of judicious organization 
 of society. This is done through the Spirit of Law, which, as the 
 social moral sense, is the moral momentum of the mass of indivi- 
 dual minds composing the society, when this is stimulated by the 
 prominent great minds of the society, as noted before. 
 
 Bringing now into condensed form what is expounded in 
 this study with regard -to the evolution of the social organism, we 
 find that Civilization is dependent on three factors of social 
 
 * 107. "The Scope of Ethics." 
 
312J THE PHILOSOPHY OF CIVILIZATION. [84 
 
 activity. These are the three characteristic faculties of the 
 human race ; when equally developed they constitute civilization, 
 viz : (1) Man's Intellectual Faculties, i.e. his subjective concep- 
 tion of physical truths (30), which form the basis of Science, 
 Art, Industry, Trade, in one word, the general intellectual 
 activities in social existence ; (2) the activities of the Moral 
 Senses, which constitute the consciousness of moral truths forming 
 the basis of Law (jus) (33 and 40), and (3) the Spirit of Law, 
 which, being, as the Common Sense of the Social Organism, the 
 result of reason and feeling combined, partakes of both the other 
 factors of social development (33 and 34). 
 
 The Spirit of Law, forming the practical activities of the 
 morally as well as the materially developed social organism, 
 regulates the laws of the society. Society being an aggregate of 
 human beings, the social organism naturally evolves analogically 
 with the biological organism. 
 
 Social organism and biological organism are thus interde- 
 pendent. In this study evolution is asserted in all branches of 
 Creation, in Moral as well as Physical Nature. Evolution is the 
 universal law of Creation, i.e. as Mr. Herbert Spencer says : 
 Everywhere there is expansion and concentration: advances from 
 the homogeneous to the heterogenous, from the less to the more 
 determined. This is like in the evolution of the individual; 
 while, on the other hand, there is a process of differentiation of 
 simplicity to complexity, for the preservation and expansion of 
 the individual, which can as well be applied to the evolution of 
 society. 
 
 The motor of evolution in the development of the moral- 
 mental organism of man, and thus equally in the development of 
 social organism, is called the Moral Element in Nature as 
 described in this study (32 and 39). This motor of evolution 
 is the agency in forming great men, or rather, great minds, as 
 well as the generation in which these great minds leave their 
 impressions. 
 
84] THE PHILOSOPHY OF CIVILIZATION. [31$ 
 
 With regard to the influence of individual great minds in 
 history, the same philosopher says : " Before the great man 
 can remake his society, his society must make him, so that all 
 these changes of which he is the proximate initiator, have their 
 chief causes in the generations he descends from." But what 
 developed the "generation" itself? Mr. Spencer's sentence 
 continued we get the answer : " If there is to be anything like 
 a real explanation of these changes, it must be sought in these 
 aggregates of conditions of which both he and they have arisen." 
 Now these aggregates of conditions form collectively a motor of 
 evolution, a power in the mental evolution-process of man which 
 is called in this study the Moral Element of Nature. This force 
 is manifested in the evolution of the moral-mental organism and 
 its varieties. The varieties of the moral-mental evolution on 
 Earth are called prominent minds. They are signs of the age 
 and exponents of the Spirit of Law. They are the indicators 
 that changes are being produced in the Spirit of Law of the 
 Society, whether as advance or as retrogression of the Moral 
 Senses in the struggle of these senses against the animal 
 propensities of man. 
 
 Beneficial "variations" in the moral-mental evolution, from a 
 sociological aspect, are those prominent minds which indicate an 
 advancing Spirit of Law. These are naturally called great minds. 
 
 The great minds influence the mass of society and stamp 
 their characteristics on the age, while instigating thinking 
 minds, of their own and many subsequent generations, to further 
 mental and moral development of society toward civilization in its 
 broadest definition, viz : that of transforming the subjective con- 
 ception of the Good into objective practical Good (29 and 41). 
 
 The Theory of the Moral Senses in History and States- 
 manship. The Theory of the Moral Senses has relation to the 
 events brought on by human actions through the moral in- 
 stinct of the human mind in all spheres of life. It thus com- 
 passes the simplest moral action of the individual, while the 
 
314] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 greatest historical events of human accomplishment are tested 
 by it. Wherever individual actions are the constructive features 
 of events, it shows how History is formed by the fluctuating 
 development or degeneration of the Moral Senses of the human 
 mind, while the so-called historical characters are the " varia- 
 tions" of the upward or downward growth of the human species ; 
 it shows that the great events of History are the results of these 
 Variations. It shows how the development of the moral-mental 
 organism has so characteristically marked the epochs of history 
 in conformity with the stages of this development, that every- 
 thing that followed on an epoch seems to be of different nature 
 than what went before. The difference thus generated gave rise 
 to the division of History into ancient, mediaeval and modern. 
 Through the theory of the moral senses History is represented 
 in its individuality as well as in its social aspects, for it proves 
 the moral responsibility of human free will. 
 
 Solon and Lycurgus, and so many philosophical law-givers 
 * after them, have been aiming at the construction of a standard 
 code of political laws, not on the natural growth of the social 
 organism, but as things ought to be according to some abstract 
 notions of a state of their own imagination. On the other 
 hand, our present laisser-faire, easy-going modern statesmanship, 
 instinctively feeling that there is a power in the process of social 
 evolution, which does not follow an artificial legislation, and 
 caught by the current of reaction which set in after the ages 
 of absolute despotism, in church and state, gave up all obser- 
 vation and study of real sociological facts. From magic and 
 witchcraft and miracles of the Church developed Rationalism. 
 All attempts to become thoroughly acquainted with the cause 
 and working of the social evolution, as based on the moral phy- 
 siology of the individuals composing the society, is abandoned 
 by modern statesmanship. Modern Statesmen, falling into the 
 same mistake as the philosophical statesmanship of the ancient, 
 in creating ideal social laws without sound natural basis, declare 
 
$84 j THE PHILOSOPHY OF CIVILIZATION. [315 
 
 laisser-faire the law of Society, probably as being the most con- 
 venient system for the present generation of leading minds. But 
 this is the ostrich-policy of hiding the head to ignore inevitable 
 facts. Not being able to conjure the development of popular 
 liberty through the absolute power of direct imperative authority, 
 they gave up all hope of leading the source from which sprung 
 the powerful motives of social conditions, and left laisser-faire 
 lord of the social conditions. It is as absurd to frame ideal politics 
 which have not their basis in the condition of development of the 
 human mind as to formulate any conclusion in physical science 
 without empirical investigation into the laws of the experiment. 
 The rule to arrive at what ought to be is to take due notice of 
 what actually is, testing this at the Moral Senses, i.e., at the 
 exponent of what men, in social life, naturally do and think and 
 feel, as the result of motives which arise out of the universal 
 instinct of the human race. 
 
 -Justice and Benevolence in practical life is Truth and Love 
 combined. 
 
 Moral actions of the Government of the State are to be 
 gauged by the standard of the Good (19). Morality is known 
 in the State where virtue and goodness are kept in countenance by 
 the Government. Where modest worth is encouraged, the advocate 
 of truth respectedand the counselor of peace listened to, for the 
 reconciliation of the hearts of men, and especially of good men, 
 there Civilization is recognized in the outward actions of the State. 
 
 In this Study we have examined the laws of the social and 
 biological evolution of the human race, with the view to arrive 
 at a standard of principal data with which the requirements of 
 any social condition can be gauged and tested. With this we may 
 also be able to draw comparisons between the histories of Nations, 
 for the discrimination between the causes of human happiness and 
 misery on Earth. 
 
 In drawing a parallel between Eastern, the oldest, and 
 Western, the modern form of human thoughts, we mean, by 
 
316] THE PHILOSOPHY OF CIVILIZATION. j 84 
 
 Eastern, the North-African, the Asiatic and other non-Christian 
 nations, and by Western, the Christian nations of Europe, and 
 America, and their Colonies. As to Central Africa, there the 
 ovum of civilization has scarcely entered the very first stage of 
 incubation ; there exists as yet no body of civilization to apply 
 any measure of comparison on. 
 
 The Eastern and Western Civilization, as thus understood, 
 are the two main courses which the evolution-process of the moral- 
 mental organism has taken on Earth, forming the two great 
 branches of civilization, viz : the non-Christian and the Christian. 
 
 The glaring contrast between the Western Civilization iu 
 its unrelenting activity and the stagnation in development of 
 the social organisms of Eastern Nations is a matter of intense 
 interest to science, and the doctrine of the universality of the 
 Christian standard of civilization is greatly enhanced when in- 
 stituting a comparison between Eastern and Western progress. 
 
 The relation in which the Western Civilization stands to 
 the Eastern is that of a new generation to the old exhausted 
 parent-stock; civilization having travelled from East to West. 
 
 The difference in Eastern and Western mental progress is 
 conspicuous in the development of their respective philosophies. 
 This difference is felt through the whole range of thoughts. 
 
 Philosophy has, as such, no other basis than natural science, 
 with other words, its starting point must be the " law " of 
 nature. The philosophy which does not answer to this condi- 
 tion, although it might be singularly beautiful and apparently 
 logical, is simply a product of imagination, with no depth or 
 root. Its conclusion cannot be reliable as it has no beginning 
 and no foundation of its own. Hence no system of philosophy 
 can be based on religion, although the outcome may finally 
 merge int.Q religion (26). 
 
 Since the Greek philosophy which from its origin kept 
 itself essentially distinct from Greek mythology began to 
 llourisb, Western philosophy was kept free and independent oi 
 
84 J THE PHILOSOPHY OF CIVILIZATION. [317 
 
 dogmatics and followed the rules of Intellect alone. Thus it 
 gradually developed with the human mind, partaking in the 
 evolution of the moral-mental organism, and forecasting the 
 mental development; 30 that, when the Moral Senses were 
 proved distinctively to consist of Sympathy as well as Con- 
 science, and Feeling took its share in the construction of human 
 thought, the logic of Western Philosophy had already become 
 Common Sense, i. e. Feeling and Intellect combined (34). 
 The Asiatic or Eastern philosophies, on the other hand, did 
 not assume form and body except on the basis of Religion. 
 They never severed themselves from their religions, and had 
 thus no power for the free development of the minds of Eastern 
 Nations. The Hindu-Brahminism and the Asiatic Buddhism 
 are systems of philosophy based on systems of theology and have 
 to stand or fall with these religions. 
 
 Hence the difference in mental development between the 
 Eastern and Western nations. 
 
 As in philosophy, the teacher of the mind, we find the 
 same disparity, with regard to the records of History, in Eastern 
 and Western literature. History in Western civilization is 
 always philosophical, as not being only true records of the 
 " what " but, at the same time, a thorough exposition of the 
 "how" and "why" of the changes in events, indicating thus 
 the different stages of social evolution with the corresponding 
 Spirit of Law. We have in it, as it were, the spontaneous utter- 
 ance of human life, from generation to generation, in conformity 
 as the ever recurring changes in the activities of social life 
 represent themselves to reason and feeling, combined, in the 
 ever developing human mind. 
 
 In the Eastern literature, on the other hand, we find 
 History in its lowest form, never going closely or deeply 
 enough to admit of philosophical speculations. It does not 
 elevate itself above the simplest narrative of the minutest 
 events. Connecting no principles mid relative to no cause or 
 
318] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 effects, such history simply gives the expositions, from which 
 the state of development of the human mind and the Spirit of 
 Law of the generation are left to be concluded at option. There 
 are no reasons given for the selection of facts, no manifest 
 desire to get below the surface of the facts, to find some broader 
 causes than mere individual volition in the determination of 
 the causes of events. Of such absolute form of mind appear 
 the historians among the Eastern Nations, in their " dry- 
 as-dust" records without any political speculations, giving 
 evidence of minds not sufficiently developed to trace and handle 
 the principles which underlie human affairs. 
 
 The dependence of enormous populations on a central 
 autocratic and sometimes despotic government, the concentra- 
 tion of populations in vast cities, the existence of a large 
 influential literary class, with its characteristics of book-erudi- 
 tion and hair-splitting critical genius, can fairly account for 
 the antiquity and authenticity of Eastern historical records, in 
 all matters regarding royal genealogies, registration of military 
 expeditions and treaties, lists of tributes and other chronicles of 
 bare facts ; but, on the other hand, the absence of civil and 
 political life and the utter want of independence of judgment, 
 which are the unavoidable consequences of such forms of 
 social organisms and their governments, are conditions from 
 which no philosophical treatment of history can be expected to 
 originate. This makes the history of these ancient Nations, 
 however trustworthy in details, unqualified to rise above the 
 lower stages of mere historical records and to be of much 
 practical use to the modern philosophy of civilization. 
 
 The history of the Hebrew Nation, however, stands apart, 
 being, in all respects, superior to any of the Asiatic people of 
 that period ; their national and religious exclusiveness, as com- 
 pared with other ancient people, and the pronounced religious 
 character of " the chosen people," which the Jewish historians 
 chiefly aimed to exhibit, make their Scripture history of a 
 
84] THE PHILOSOPHY OF CIVILIZATION. [319 
 
 form that cannot be compared with histories of other nations. 
 In whatever light the facts of the Hebrew history might be 
 contemplated, it cannot be denied that the deep philosophical 
 sense with which it is permeated, bears lucid evidences of the 
 developing moral-mental organism of mankind, as preparing 
 the way for that most prominent " variation " of this human 
 organism, which the Earth beheld in the advent of Christ 
 (80, pages 213 et seq.) We cannot help contemplating as 
 something more than mere history the records of a vast 
 scheme of mental-evolution, which culminated into the Christian 
 Faith. 
 
 The comparison between Eastern and Western civilization 
 brings us to the contemplation of Political party-activities. 
 These partake, naturally, of the respective idiosyncrasies we 
 have seen exhibited in philosophy and history. Where history 
 is void of speculation there can scarcely exist any political 
 disquisition. 
 
 Despotism arid anarchy, as said before (57), are the two 
 extreme poles of an organized society. Between these two 
 deadpoints of society, the extreme of social authority and the 
 extreme of individual independence, lie all political specula- 
 tions. Where extreme social authority predominates, there the 
 man as an individual does not exist ; he is merged in the com- 
 munity, which is the only unit, whether this community be 
 represented by a single man, as in the absolute autocratic 
 government, or by the tyranny of municipal laws that leave 
 no individual freedom of action in politics, and lead to the ideal 
 State of the Communist. In both extremes there exists un- 
 mitigated despotism j at this point les extremes se touchent. On 
 the other hand, where anarchy prevails, there the social faculties 
 are dislocated and the social organism is in decomposition. 
 
 These two principles of social existence, viz : the principle 
 of authority and the principle of liberty, i. e. Order and 
 Freedom, form combined the political discipline of the normal 
 
320] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 social organism. Order and Freedom are thus as indispensable 
 to civilized human society as Conscience, the sense of strict 
 justice, and Sympathy, the sense of liberal humanity, which 
 form, combined, the morally developed human minds that 
 constitute the civilized Christian state. 
 
 These two political principles exist in the civilized indivi- 
 dual minds composing the society, but not in the same degree or 
 in perfect harmony in every individual mind. In some the 
 principle of social authority is the predominant one, while others 
 are chiefly inclined to the principle of individual independence ; 
 hence arise the two main political parties in the State, viz : the 
 so-called conservative, and the liberal party. Each party exists 
 fairly on a principle of truth, but not of the whole truth, up. 
 holding only a part of the true principles on which society is 
 maintainable, being only one of the two elements of social life 
 while, for the proper iquilibrium of the state, both are indispen- 
 sable. Thus, if the one succeeds in excluding the other, the 
 state is necessarily driven to despotism or to anarchy, which 
 means that, in either case, society will come to a state of dis- 
 solution. Thus it is that partly by counteracting each other 
 and partly by co-operating with each other the stability of the 
 State can be secured. 
 
 On these two main stems of political life are grafted the 
 many minor branches of sociological, economical and politico- 
 religious digressions. 
 
 The Moral Element in Nature is the Motor of Civilization. 
 History records the material struggle for existence of the 
 human race in different forms. On the one hand we find 
 striking attempts of man to raise himself above the position of 
 the animal appetites of the " Hobbesian war of each against 
 all ;" on the other, frightful failures in this struggle. And yet, 
 from the first dawn of history it is proved that man had intuitive 
 conception of a higher destiny than the wolf, the hyena or the 
 mammoth among which he lived. As to prehistoric man, the 
 
84] THE PHILOSOPHY OF CIVILIZATION. [321 
 
 imperfect relics of rock-records give no evidence whatever to 
 base any conclusion on, with regard to the origin of the link 
 between man and brute. As stated before (80, p. 194), the link 
 is entirely missing; there is a gulf not yet bridged over by 
 science or history. The ethical germ implanted in this parti- 
 cular species of Nature is manifested, as fact, through his 
 continuous struggle to attain to better material and intellectual 
 development, not only, but to arrive also at higher moral 
 attainments, in higher conditions of thought and conduct. 
 This ethical germ is slowly yet surely developing into the 
 higher type to which the human species alone is destined 
 to arrive. This ethical germ, whose existence is thus proved, 
 is the manifestation of the human Soul, a particle of the Spirit 
 of Creation (2), discernable in all pursuits of man, as the 
 preordained principle of development. It is the level of the 
 Motor of Evolution (39) of the individual moral-mental 
 organism and of the social organism. 
 
 In the most exalted moral strife like in the plainest 
 pursuits of human conduct, in industry, in art and science, 
 this ethical level is perceptible. If naturalists would only join 
 hands with moralists, the investigation of the course of evolu- 
 tion in the moral-mental sphere would become a practical 
 science. If eminent naturalists would only lay aside, for a 
 moment, their jocular-flippant way of explaining the origin and 
 growth of the human species, and, when free from these 
 fashionable modern free-thinker's affectations, if they would 
 also cast off the prejudices of atheism, science would wring 
 from Nature convincing revelations with regard to the Moral 
 Element, the undeniable power we plainly conceive is under- 
 lying human actions. And by diligently recording the pecu- 
 liar ethical habits of the species called man, with the care 
 naturalists usually bestow on the observation of the instinctive 
 habits of plants and insects, they would find the human soul 
 more clearly demonstrated in the human instinct than any 
 
322] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 tendency in the cross-breeding of pigeons, the habits of dogs 
 or variations in orchids, to which minute observations such giant 
 patience and perseverance are applied by eminent naturalists, 
 for the immortalization of their own name. 
 
 If Naturalists would give but a tenth part of this patience 
 to the careful observation of the development of the soul in the 
 infant, during the first decade of its life, they would learn the 
 origin of the Moral Senses from the unsophisticated truth, 
 unselfishness and sympathy, so naturally and spontaneously 
 elicited by the innocent child. 
 
 The Moral Element, by manifesting itself in all human 
 actions, indicates the way to solve the social questions, with 
 regard to the struggle for existence between the moral and 
 material nature of man. 
 
 Let us take, for instance, the material condition of Great 
 Britain at a certain time. In 1881 the population of Great 
 Britain was 35,241,482, exceeding the number in 1871 by 
 3,396,103, giving an average increase yearly of 339,610 souls.* 
 This frightful increase of claimants to the world's granaries 
 seems appalling and it looks like the coming of Malthus 5 
 merciless prophecy. And yet, has any wholesale starvation 
 brought down to its so-called economical level the population 
 of this country, of which it is moreover asserted that the 
 produce of the soil falls short by nearly one half of the real 
 quantum- sufficit ? No, notwithstanding its fierce struggle for 
 existence, this population has gone on steadily progressing, 
 under the greatest Malthusian disadvantage, viz : that of some 
 seventy years peace, without pestilence or even an epidemic 
 worth speaking of to lighten the burden of this struggle a while. 
 No catastrophe has befallen this ever-energetic race. " Shop- 
 keepers" or not, their unflagging industry and energy have 
 kept this people ever in the vanguard of material progress and 
 
 * I take the figures from Professor Huxley's article " The Struggle for Exist- 
 ence," quoted on page 223. 
 
84] THE PHILOSOPHY OF CIVILIZATION. [328 
 
 moral civilization. Compare now this Nation with any other 
 in the world, which had all the material help for the keeping 
 down of the population to the economical level, in the shape 
 of famine through bad government, pestilence and war, and 
 we will have not to strain our imagination to conclude, that the 
 living proof of the fallacy of the Malthusian doctrine is the 
 British Nation. 
 
 And how came this to be ? 
 
 In the first place, through the condition of internal and 
 external peace, which is the main object of social organization ; 
 secondly, free scope for fair competition, hand in hand with 
 security in the enjoyment of all the fruits of honest industry; 
 thirdly, in the measures to mitigate, as much as possible, the 
 burden of internecine material struggle for existence, through 
 the application of State -actions, based on intellect and moral 
 principles combined, as described above (76-79), i. e. by 
 improving the productive power of the labouring class, through 
 technical education, and- maintaining the social stability by 
 labour-legislation . 
 
 When the labouring- class is convinced that the laws are 
 made with strict observance of Justice and Benevolence, they 
 will not incur the perils of the consequences of anarchy, 
 by revolting and upsetting their only guarantee to progress, 
 which consists of good legislation. Unavoidable bitter times of 
 low wages, stagnation in trade and other unforeseen calamities, 
 will be borne patiently by the majority, if the Moral Senses 
 keep their sway and confidence in the Laws keeps discipline. 
 But when, with unavoidable material misery is joined the 
 want of moral senses, and the lower appetites get free scope, 
 then the animal struggle for material existence of the brutish 
 type sets in. Starvation, disease, physical pains and moral 
 degradation all combine to sink the standard of civilization to 
 its lowest stage. 
 
 Such a society is sick, dangerously ill, but it is not neces- 
 
324] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 sarily a hopeless case ; it depends solely upon the way of treat- 
 ment of the complaint to effect a radical cure, or to render the 
 disease a chronic one by applying the dangerous opiates of the 
 demagogue, i. e. by flattering the masses with vain promises 
 of reconstructing the social organism. The radical cure is the 
 moral and intellectual treatment, not the anarchical. 
 
 "Intelligence, knowledge and skill/ 7 so truly says Profes- 
 sor Huxley, * " are undoubtedly conditions of success ; but of 
 what avail are they likely to be unless they are backed up by 
 honesty, energy, goodwill and all the physical and moral 
 faculties that go to the making of manhood and unless they are 
 stimulated by hope of such reward as men may fairly look 
 to ? Any full and permanent development of the productive 
 power of an industrial population then, must be compatible 
 with and indeed based upon a social organization which will 
 secure a fair amount of physical and moral welfare to that 
 population; which will make for good and not for evil." 
 
 This opinion of the great naturalist shows that on crucial 
 social questions Science and Ethics go hand in hand. This is 
 conspicuous with regard to Political Economy, where Ethics 
 must necessarily cooperate to arrive at lasting results. 
 
 " Society," says Professor Huxley further, " differs from 
 Nature in having a definite moral object; whence it comes 
 about that the course shaped by the ethical man, the member 
 of society or citizen, necessarily runs counter to that which 
 the non-ethical man, the primitive savage, or man as a mere 
 member of the animal kingdom, tends to adopt. The latter 
 fights out the struggle for existence to the bitter end, like any 
 other animal ; the former devotes his best energies to the object 
 of setting limits to the struggle.' 7 f 
 
 * After the divergences with Professor Huxley, which we ventured to set forth 
 on pages 223 et seq. we are happy to be able to quote here, from the same 
 article " The Struggle, for Existence," passages which fully agree with the 
 theory we have tried to propound in this essay. 
 
 t PROF. HUXLEY. " The Struggle for Existence," Nineteenth Century, February 
 1888, p, 165. 
 
84] THE PHILOSOPHY OF CIVILIZATION. [825 
 
 Thus, as stated at the beginning of this section, the 
 Moral Element in Nature is the Motor of Civilization, for it is 
 the ethical notion of men, more and more consistent, which 
 must become the governing principle of society, in order that 
 the ethical man might succeed in setting limits to the animal 
 struggle for existence. This, the course of the social evolution- 
 process indicates it should be. The history of civilization, 
 that is of Society, is the record of the attempts which the 
 human race has made to follow the Moral Element in Nature, 
 as governing principle of society: "for society not only has a 
 moral end but, in its perfection, social life is embodied 
 morality." * (Comp. 79). 
 
 Christianity is the Test of Civilization. The Ego of con- 
 sciousness of the human mind, the centre of the moral senses 
 and the will, is what we called the Soul, manifesting the 
 Moral Element in Nature (11 and 12). The loyalty of the 
 human Soul to the Almighty Creator is firmly rooted and 
 might be appealed to with confidence, even under circum- 
 stances apparently the most unfavourable. Enthusiastic and 
 rapturous devotion abounds in every period of life in the minds 
 endowed with Moral Senses; and this in the face of all the 
 derision of old and modern wits and vulgar scepticism, who 
 imagine they possess, through their limited physical senses and 
 conditioned intellect, an open-sesame into the secret apartments 
 of the human moral-mental organism. There is the vulgar 
 sceptic, who finds it easier to doubt than to examine his own 
 inward consciousness, endeavouring to assume the credit of 
 being an esprit fort, in spite of his own moral senses, which 
 invariably points to a Power beyond the limited scope of selfish 
 comprehension. 
 
 The animal nature of man when not rigorously kept in 
 check by the Moral Senses, will always secure success to the 
 
 * 1, c. p. 16U. 
 
326] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 logic which supplies its appetites ; the worm bred from decay 
 must feed on decay. 
 
 Writers like David Friedrich Strausz, c. s. are commu- 
 nistic agitators against the property of Faith, They trust on 
 the force of their logic as the communist on dynamite. 
 Void of faith, as fostered by moral senses, they are in desperate 
 conflict against the peace of mind of their neighbours, whose 
 spiritual property they envy. Being incapable of acquiring 
 these blessings for themselves, like the fierce communist, 
 they try to pull down the stand to which they cannot elevate 
 themselves. 
 
 Strausz in his atheistic " confession " on what he calls 
 "The Old Faith and The New," represents Nature as an 
 accidental self-developing and self-rectifying fatalistic infinite 
 mass of worlds which he calls the ALL. " Infinite" but yet the 
 "All." "The All being the All, nothing can exist outside of 
 it ; it seems even to exclude the idea of a void beyond." " In 
 the investigation regarding our relations to religion we finally 
 arrived at the idea of the cosmos." * 
 
 Strausz must have got his " All " from the Buddhist view 
 of the universe. " Buddhism," says Doctor Eifcel, "knows no 
 creative prime agent, no supramundane or ante- mundane 
 principle, no pre-existing spirit, no primitive matter. But 
 Buddhism does not say that our world is without beginning or 
 without end. For the universe, in which we live, is but one of 
 an endless number of world systems. Every one of these 
 innumerable co-existing worlds has individually a beginning 
 and comes to an end, but only to be reconstructed again, in 
 order to be destroyed again in endless succession. What is 
 eternal therefore and absolutely without beginning is not any 
 individual world or any universe, but the mere law of evolution, 
 the mere idea of constant rotation through formation, destruc- 
 tion and reconstruction, or rather the polar force of evolution 
 
 * " The Old Faith and The New." Edit. 1874. Vol. I, pages 169 and 171. 
 
84] THE PHILOSOPHY OF CIVILIZATION. [327 
 
 and involution. To the question, how the very first universe 
 was originally brought into existence, and whence that eternal 
 law of ceaseless reproduction came, Buddhism honestly confesses 
 to have no reply. When this very query was put before 
 Buddha, he remained silent, and after some pressure explained, 
 that none but a Buddha might comprehend this problem, that 
 the solution of it was absolutely beyond the understanding of 
 the finite mind." * 
 
 This would have probably also been the manner in which 
 Strausz would have answered if this question had been put to 
 him, with regard to his positive "All," comprehending all 
 and yet being infinite. All working subjectively but without 
 purpose cause or effect and yet by the process of evolution. 
 And out of this aimless universal-absolute anarchy he contrives 
 to evolve, without the least scientific basis to build on, man, 
 in its highest civilized state with a most decided teleological 
 tendency to patriotic national particularization, to combat 
 socialism by the theory of natural anarchy, to uphold capital 
 punishment, to worship military glory in the power to be, in 
 the adoration of social order and discipline, the mainstay of 
 which he has just been blowing up by his anarchical annihila- 
 tion of God and religion. Eejecting Feeling, he yet appeals to 
 the Aesthetic faculty of the mind, calling up the ghosts of 
 Lessing, Goethe and Shiller, of Mozart, Bach and Gluck; 
 Handel's oratorios and Haydn's " Creation," to allure, with 
 Sirenian songs, the Religious Faith of his countrymen to the 
 destructive cliffs of an atheism of the most merciless type. 
 
 But this appeal to the Aesthetic nature of man betrays 
 again the weakness of atheistic arguments. As we have seen 
 before (39 and 79, page 183,) the influence of the Moral 
 Element in Nature, as indicated by the ennoblement of the 
 mind, can be traced in art, poetry, music, literature, in fact 
 
 * "Buddhism: its Historical , Theoretical and Popular Aspects," Hongkong 
 1884, page 64. 
 
328] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 in all concerns of life in which the mind has actually a share, 
 and which are moulded by the inspiration of the Good; the 
 aesthetic quality of man is the mental faculty to conceive 
 the good and the beautiful combined, and to reproduce the 
 subjective conception thereof into objective products of the 
 Arts, in plaster or paint, in poetry or music. The power which 
 the fine arts, poetry and music exhibit, in the impulses given to 
 the development of culture is due to the Moral Senses. But 
 should poetry and music instruct and elevate intellect and 
 heart, then there must be a shifting and choosing among the 
 mass of works of poets and composers, and what could guide 
 judgment and taste in this discrimination but the Moral 
 Senses ? 
 
 A.nd mark, these form the basis of the Christian Faith ! 
 
 The egoism and conceit of the atheist cannot conceive 
 prayer except as the result of a wish, and as a request to the 
 Almighty, for wordly boon. The origin of religion is not, as 
 Strausz conceived it, merely the outcome of wish or desire in 
 the human mind, or, in other words, the speculative formality 
 of egoism, for the man who possesses real Christian Faith, as 
 depicted in these pages, has the least to desire and it is yet he 
 who feels his soul the most readily attracted to communion with 
 his Creator through prayer. Herein lies the misconception of 
 atheism. That desire is not the origin of religion neither the 
 basis of prayer, Strausz could not comprehend. His book 
 (" The Old Faith and The New ") he said was a " confession 
 and not an historical dissertation ; it had no concern, therefore, 
 with the question as to what had been the effects of Christ- 
 ianity on mankind, (that is as motor of civilization) what- 
 ever its effects have been and these, at any rate, will continue 
 to exist but only with the question whether persons holding 
 certain opinions could still continue members of its church ? " 
 His work, which is neither scientific, philosophical, or historical, 
 
 * "The Old Faith atid The New." Edit 1874. Postscript p. 257. 
 
84] THE PHILOSOPHY OF CIVILIZATION. 
 
 is thus merely the subjective utterance of an intractable theolo- 
 gian, who, disgusted with the dogmatics of his church is 
 building up a worshipful object of his own creation. 
 
 Desire is not the origin of prayer ; it is the consciousness 
 of our utter dependency on the Creator which makes the Soul 
 cling to its fountain-head, and prayer is the means of strength- 
 ening its vital element which is the source of the Moral Senses. 
 Where prayer is neglected there the moral senses are deprived 
 of their natural stimulant and the mind misses the discipline 
 necessary for its moral development. 
 
 Materialistic scientists and atheistic philosophers generally 
 pride themselves on rigidly abstaining from all logomachy, 
 or the treatment of any subject for mere exercitation. Minute- 
 accuracy of observation based on purely intellectual distinctions 
 form the dignity of their logic ; no persuasion by appealing 
 to any such means as feeling, sympathy or intuition ; their com- 
 mon sense is rigorously defined within these purely empiric 
 limits. 
 
 How painfully it must then effect the bond fide intellect to 
 find sometimes the foremost among its apostles stooping to claim 
 alliance, not from the unknown and scientifically undemon- 
 strated moral element, Oh no ! but from base common-place 
 jeux de mots, the charlatanism of the vendor of quack- 
 medicines, labelled with big words to dazzle the prigs. Humour 
 is Certainly a most desirable quality in the literary man whose 
 calling it is to amuse as well as to instruct his fellow-creatures. 
 Like genius itself, which, by the way, has a humour of its own, 
 but quite distinct from joking, it sharpens the intellect. The 
 drawback however is that the humorist, whether he be a lectur- 
 ing professor of biology, or a Mark Twain in profession, is 
 necessarily always bound to amuse his readers, and more 
 particularly his hearers, for the humorist's favourite pose is the 
 platform ; the consequence is obvious that the humorist is apt 
 to draw largely on his imagination in his flippant humorous 
 
330] THE PHILOSOPHY OF CIVILIZATION. [84 
 
 style, for a rnan cannot always talk sober common sense when 
 he is bound to amuse his " appreciating audience." 
 
 I have always cherished profound respect for the positive 
 scientist, that unchallenged and incorruptible expositor of 
 evidences at the bar of Nature; rightly spurning the siren 
 allurements of fine rhetorics, as superfluous to demonstrate 
 truth, he persistently avoids every tincture of that polemic bias, 
 which is the characteristic of the newspaper controversial 
 style, his style being as free from all artificial means of 
 persuasion as the sober facts, of Nature from any needless colour- 
 ing to court acceptance from, the unbiased mind. Trembling we 
 often come to him, for the final verdict between our intellect and 
 our feeling. With him we might expect that the single-minded 
 normal human intellect would be able to understand the interpre- 
 tations of the Great Book of Revelation, without having to swal- 
 low the unpalatable dust of: scholastic fabrication, preparatory 
 to artificial intellect. Here we could shake off all prejudices 
 fostered by imagination. But Alas ! How often, when we 
 expected simple language with genuine common sense, we met 
 but with an appeal to our aesthetic appreciation of rhetoric 
 sport. With sore disappointment and disgust we find then that 
 the judge, while spurning the wig of scholastic pedantry, 
 has donned the jester's cap. 
 
 Pure Nature shrinks with shame when her sublime naked- 
 ness is being awkwardly abused by apologetic coverings of 
 purple rags ; but what must be her indignation when she finds 
 her impeccable harmonious forms carelessly discussed, with 
 sportive jokes, by humorous scientists, for the amusement of a 
 public that adores such style ? Unworthy apostles, abusing her 
 secrets for their own glorification, are polluting the waters of 
 the fountain-head of knowledge, whence her faithful children, 
 nursed with her own genuine common sense, must imbibe the 
 divinity of her origin. But Nature will ever avenge herself ; 
 when courted from mere selfish motives, she hardens into barren 
 
84] THE PHILOSOPHY OF CIVILIZATION. [331 
 
 intellect, but when sought for holy love, her gifts are the fertile 
 blossoms of Conscience and Sympathy. 
 
 Drawing to a close, we briefly sum up our conclusions. 
 
 The great principle which has guided us throughout this 
 study, is the principle of continuity in the Evolution-Process of 
 Nature. We have seen the product of evolution to be the 
 Moral-Mental Organism of Man, the highest stage of creation 
 at present on Earth. From the nebular beginning, through 
 all stages of creation, we have seen manifested the persistent 
 Cosmic Energy, with its various transformations of force, which 
 we called the Motor of Evolution in physical development, the 
 Moral Element in the development of the moral-mental organ- 
 ism, and the Spirit of Creation in all. We have seen that the 
 necessary goal of evolution in the moral-mental development 
 is the proof of the advent of Christ, and that the Moral 
 Element in Nature, manifested by this development of the 
 moral-mental organisms, indued with the moral senses Con- 
 science and Sympathy, is the living principle of Christianity. 
 As such Christianity is the natural test of Civilization. The 
 achievements of human thoughts, called civilization, depicted 
 in these pages, in rough but I trust clear outlines, lead to this 
 conclusion. 
 
 Whatever may befall the theories put forward in this 
 philosophy, if all be swept away or utterly demolished by 
 criticism, one fact cannot be suppressed: it is the living 
 consciousness of Justice and Benevolence. Our Moral Senses no 
 one can deny, and whatever critics may choose to do with the 
 arguments of this Philosophy of Civilization, it is beyond human 
 power to smother Conscience and Sympathy. Both, ever-active 
 monitors of duty, will search out the religion that fosters the 
 Moral Senses of the morally developed human mind, and will 
 find, in the annihilation of selfishness, the Christian Faith 
 which leads through Christ to God. 
 
 OF THE 
 
 UNIVERSITY 
 
 OF 
 
 fc4Llf 
 
THE PHILOSOPHY OF CIVILIZATION, 
 A Sociological Study. 
 
 TABLE OF CONTENTS. 
 
 Introduction - Pages i-xx. 
 
 CHAPTER L 
 THE MORAL LAW OF NATURE. 
 
 Pages. 
 
 1. The Universal Law of Nature. - 1 
 
 2. The Spirit of Creation. Its agency the motor 
 of evolution. Is the manifestation of the 
 soul 2 
 
 3. Hypotheses in general 3 
 
 4. Hypothetical demonstration of the Universal 
 Law of Nature, in its course of Evolution. 
 The Stages of Creation on Earth. The 
 Physico-Mental Organism 6 
 
 5. The Moral-Mental Organism of Man. Con- 
 sciousness of the Good. The struggle for 
 existence between the moral and the 
 material element in the human mental 
 organism 8 
 
 6. Origin of Species 10 
 
 7. The Links of Evolution 10 
 
 8. The impossibility of demonstrating the 
 
 primary motor of evolution - - 1 1 
 
ii TABLE OP CONTENTS. 
 
 Pages. 
 
 9. Intellect - 13 
 10. Hypothesis regarding Intuition. Feeling. 
 
 Spiritual Feeling. Inspiration 13 
 
 11. The Soul - 14 
 
 12. The Ego of Consciousness - 15 
 
 13. The Conception of Primary Truths 16 
 
 14. The Good 17 
 15. The Moral Senses, Conscience and Sympathy. 
 
 Kighteousness - 18 
 
 16. Evolution of the Moral Senses - 19 
 
 17. Virtue. Happiness - 20 
 
 18. Moral Actions. Free Will. Volition. Motive 21 
 
 19. The Standard of the Good - 26 
 
 20. Origin of Evil and its control 27 
 
 21. Imagination. Love. Friendship 28 
 
 22. Imagination. Vice - 29 
 23. Attention on the Good controls Evil in the 
 
 Mind. There exists no happiness outside 
 
 the Good 29 
 
 24. Religion the Moral discipline 30 
 
 25. Moral Doubt 31 
 
 26. Christianity 31 
 
 27. The Creator 34 
 28. The Occasions of stumbling. The two sorts 
 
 of Evil 34 
 
 CHAPTER II. 
 THE INSTITUTES OF LAW. 
 
 29. The human mind. Development of Law 
 
 (Jus, Droit, RechtJ 36 
 
 30. Moral Truths and Physical Truths 37 
 
 31. Conscience. The Law of Conscience - 40 
 
TABLE OP CONTENTS. Ill 
 
 Pages. 
 
 32. The Moral Law of Nature manifested in His- 
 tory, is the origin of International Law. 
 Grotius 43 
 
 33. The Popular Consciousness, the concentrated 
 sensorium of the social organism, is called 
 Spirit of Laiv, "/Spm of the Age," 
 (Zeitgeist). The Ego of the social organism. 
 The National Spirit of Law. State-Educa- 
 tion. Public opinion. Public Press 47 
 34. Common Sense - 50 
 35. The Scholastic Philosophy and Positivism - 51 
 30. The International Spirit of Law 52 
 37. International Law is the manifestation of the 
 influence of the Moral Element in Nature, 
 in Civilization 53 
 38. The Philosophy of Law and the Historical 
 
 School - 54 
 
 39. The Moral Element in Nature is the Motor 
 of Civilization, i. e. of Material as well as 
 Moral progress. The Aesthetic. Moral 
 progress comes through the individual to 
 
 the Race 57 
 
 40. The subjective and the objective form of Law. 
 
 (Jus, Droit, Reclit.) 59 
 
 CHAPTER III. 
 THE DATA OF CIVILIZATION. 
 /. What is Civilization? 
 
 41. Definition of Civilization - G3 
 
 42. The Standard of Civilization. The Theory 
 
 of the Moral Senses - - - G5 
 
IV TABLE OF CONTENTS. 
 
 Pagts 
 
 II. THE SOCIAL ORGANISM. STATES. 
 
 43. The social nature of man is the origin of States 67 
 
 44. Natural and Political Nationality 68 
 
 45. Conditions for the political individuality of 
 
 States as persons of International Law. - 68 
 
 46. Law governing States in their outward rela- 
 tions. International Law 70 
 
 47. States, as incorporate persons of International 
 Law, have the same moral obligations as 
 man, but modified by special prerogatives 70 
 
 48. The social organism is based on biological 
 
 organism 7 1 
 
 49. The Physiology of the. State 74 
 
 50. The physical and moral faculties of the State 
 are corresponding with those of the human 
 body - 76 
 
 51. The Natural-Constitutional form of State- 
 Organization is that of the Civilized 
 State - 78 
 
 52. The natural evolution of the social organism 
 
 is opposed to Anarchy - 79 
 
 53. The Government of the Natural-Constitu- 
 tional State - 80 
 
 54. The People. Forming the people into good 
 
 citizens - 82 
 
 55. The Representatives oj the People. Qualifica- 
 tions - 84 
 
 56. Public opinion versus the Eepresentative 
 
 Body - - 85 
 
 57. Political Parties. State-policy. Authority 
 
 versus Liberty -, 86 
 
 SJ58. The Right oj Veto - - 87 
 
TABLE OF CONTENTS. V 
 
 Pages. 
 
 59. The necessity of an hereditary head of the 
 State is the result of the Natural-Constitu- 
 tional form of State 88 
 60. The Constitution 90 
 61. The two Branches of Legislation - 91 
 
 III. THE co- EXISTENCE OF SOCIAL ORGANISMS. 
 EXTERNAL SOCIAL LIFE. INTERNATIONAL LAW. 
 
 62. International Rights and Duties of States - 92 
 63. International Morality 94 
 
 64. International Jurisprudence 96 
 
 65. The moral principles of International inter- 
 course - - 102 
 66. Interdependence of States - - 105 
 67. Right of Negotiation and Treaty - - 107 
 68. Moral Causes of the imperfect observance of 
 Treaties. The durability of International 
 treaties is dependent upon the International 
 Spirit of Law - 108 
 69. Material Causes of the imperfect observance 
 
 of Treaties - - 108 
 
 70. The Laws of Peace - - 115 
 
 71. Intermediate state between Peace and War. 
 The Confirmation of International facts, 
 with regard to truth, is a moral duty of 
 Civilized Governments - - 117 
 
 72. The Law of War (Jus belli) - 120 
 
 73. The principles of the Law of War considered 
 in the light of Civilization. Effect of war 
 on private individuals and private proper- 
 ty. Enemy Character. Enemy s private 
 property on the high seas - 122 
 
TABLE OF CONTENTS. 
 
 74. Means of peaceable settlement of Interna- 
 tional Disputes. Application of the Laivs 
 of Peace - 129 
 
 75. Measures via amicabili and viafacta - - 131 
 
 IV. INTERNAL SOCIAL LIFE. CO-EXISTENCE 
 OF INDIVIDUALS. 
 
 76. The natural agency of Internal Social Develop- 
 
 ment - - 133 
 
 77. State-action is Justice combined with Bene- 
 
 volence - 137 
 
 Controversy between Mr. Herbert Spencer 
 
 and Mr. de Laveleye - 137 
 
 State or Scientific Socialism. - 141 
 
 78. Socialism versus Communism - 142 
 
 Political Liberty 144 
 
 Equality - 146 
 
 The Co-ordination of Labour and Capital - 147 
 The Income-Tax. Legal Interest - 149 
 
 ,. Labour Legislation - - 149 
 
 Moral Measures. Material and Economical 
 
 Measures - 151 
 
 Poverty versus Political Economy. Labour, 
 
 Intellect and Capital, the three factors 
 
 of material progress - 153 
 
 Co-operation - - 155 
 
 Free-trade versus Protection. International 
 
 Competition - - 155 
 
 Laws - 159 
 
 Public Law. National Jurisdiction - 160 
 
 Law of Persons. Private Law. Civil Law. 
 
 Private International Law. Law of Con- 
 
TABLE OF CONTENTS. Vll 
 
 Pages. 
 
 tracts. Political Eights (jus civitatis). 
 
 Civil Eights (jus civile) - - 161 
 
 78. Jurisdiction of Criminal Law - 163 
 
 ,, Exterritoriality and Concurrent Jurisdiction - 165 
 
 The Theory of Criminal Law - 165 
 
 Capital Punishment - - 166 
 
 Codification. Codes of Criminal Law - - 169 
 
 The Trial by Jury. The t( habeas corpus" - 173 
 
 V. THE INTELLECTUAL AND MORAL ACTIVITIES OF 
 INDIVIDUAL CO-EXISTENCE. 
 
 79. The material element of Civilization. Science. 
 
 Industry. Trade - - 179 
 Factory Labour - 180 
 The Fine Arts. Aesthetics - 183 
 80. The moral element of Civilization. THE 
 SPIRIT OF CREATION. Scientific manifesta- 
 tion of the Creator's work - 185 
 Motor of Evolution - - 195 
 Science versus Theism - 196 
 Design - 200 
 The Ultimate Cause. The Personal God - 208 
 CHRIST. The Goal of Evolution - - 213 
 The Fall of Man and the Eedemption through 
 
 Christ - - 218 
 THE DIVINE SPIRIT. The Moral Element in 
 
 Nature - - 222 
 Professor Huxley's ethical thesis of the " non- 
 moral " Nature - 223 
 ETHICS, Absolute and Eelative - - 229 
 Hygienic Laws - - 232 
 
Vlll TABLE OF CONTENTS. 
 
 Pages. 
 
 80. The Standard of Ethics and the Spirit of 
 
 Law - 232 
 Ethics counterbalancing evil through the 
 
 Moral Senses - - 234 
 
 The test of Good and Evil - - 234 
 
 Egoism and Altruism. Ethical problems - 235 
 
 KELIGION - 239 
 
 Evolution of Eeligion - 240 
 
 The main branches of Eastern Biligion - 244 
 
 Mohammedanism 244 
 
 Confucianism. San Kiao - - 246 
 
 Taoism. Buddhism - - 246 
 
 Shanti - 248 
 
 Ancestral Worship - 250 
 
 ,, A Comparative view of Buddhism - 251 
 
 Fundamental Principles of Buddhism and 
 
 Christianity compared - - - 252 
 
 Modern Buddhism and Theosophy - 259 
 
 Spiritualism. Thought-transference - - 260 
 
 Hypnotism or mesmerism - - 261 
 
 Hypnotism in medical treatment - 263 
 THE CHRISTIAN FAITH. Development of the 
 
 Christian Eeligion. The Eeligious Faculty 265 
 
 Christianity - 268 
 
 The Dogmatics - 269 
 
 Natural Theology - 270 
 
 The Christian Doctrine 272 
 Man's place in Nature, as indicated by the 
 evolution-process on Earth, asserts that 
 the Christian duties of society form the test 
 
 of Civilization - 276 
 
TABLE OF CONTENTS. ix 
 
 Pages. 
 
 80. Agnosticism and Atheism - -277 
 
 The Imitation of Christ - 279 
 
 Faith in the Creator necessarily leads to 
 Christ. The Abrahamic or Hanyfite faith. 
 Piety and Faith. The Christian Faith ex- 
 presses the relation between God and man 280 
 
 CHAPTER IV. 
 
 THE TEST OF CIVILIZATION. 
 
 81. MAN'S PLACE IN NATURE. The Moral-Mental 
 
 Organism - 284 
 
 82. Biological and Future State - 286 
 
 83. Man's Duty toward Civilization. Measure of 
 Ethical conduct. Virtue and Social Happi- 
 ness in Civilization. Family Life. Indus- 
 try. Property - 288 
 
 84. Christianity the Natural Religion - 297 
 
 Christian Missions and Civilizing Agents - 302 
 
 CONCLUSION. 
 
 The Theory of the Moral Senses applied to 
 
 History and Statesmanship - - 310 
 
 The Moral Element the Motor of Civilization 320 
 
 Christianity is the Test of Civilization - 325 
 
ERR A T A 
 
 WHICH MIGHT BE CORRECTED WITH THE PEN. 
 
 On page 14, line 10, from below, stands: unknownalle, read: 
 
 unseen. 
 14, the footnote on this page belongs to page 15, as 
 
 first footnote. 
 15, line 19, from above, stand : Thus the Soul is repre- 
 
 sented through Intuition by the Moral Element, 
 
 read : Thus the Soul represents, through Intuition, 
 
 the Moral Element. 
 22, on lines 2 and 7 from above, stands : centers, 
 
 read : centres. 
 
 ,, ,, 41, line 10, from above, stands: dispense, read '.release. 
 43, 11 Bentley, read : BerMeij. 
 
 44, 2 particular, read: par- 
 
 ticularly. 
 
 55, line 10, from above, read : development. 
 ,, ,, 62, 18 stands : Eepresentive, read : Re- 
 
 presentative. 
 62, line 20, from above, stands : Monarchial, read : Mo- 
 
 narchical. 
 62, line 22, from above, stands : Legislation, read : Le- 
 
 gislature. 
 72, the footnote on this page belongs to page 71, as 
 
 second footnote. 
 74, line 3, from below, stands : section, read : sections. 
 
 88 ,,12, below, maitre, read : naitre. 
 
 89 8, above, li, read : il. 
 
 89, lines 8, 9 and 10 from above, read : toujours. 
 100, in the first footnote stands : Blemtschli, read : 
 Bluntschli. 
 
 
 
11 ERRATA. 
 
 On page 101, in the first footnote read : se detent. 
 114, line 17, from above, read : practical. 
 116, in the footnote, read: ies conflicts. 
 116 read: Diplomatie. 
 165, line 16, from above, stands : their immediate, read : 
 
 his immediate. 
 
 174, line 21, from above, read : administer justice. 
 180, 6, below, stands: industry, read: in- 
 
 dustries. 
 
 193, line 2, from below, read : homogeneous. 
 T94, 10, above, read : concomitants. 
 194, 19, ,, read : congruity of the 
 
 cosmos. 
 197, on the last line, stands : suborganic, read : super- 
 
 organic. 
 
 208, line 3, from below, read : olfactory. 
 211, 12, above, dynamic. 
 212, 19, aeons. 
 215, 12, below, recording. 
 216, 7, above, marvellous. 
 224, 4, below, coffin. 
 
 ove," 'stfttmsr: 
 
 . 261, line 18, .from above, read : psychomaney. 
 
 272, 7, below, read: irrefragable. 
 297, 17, above, stands : Christianity the Test 
 
 of Civilization, read : Christianity the Natural Religion. 
 
 On page VII of the Introductory Notes, line 16 from 
 below, stands : " This law represents the conditkms under 
 which the intellectual and moral development of human beings 
 exist in their relations/' etc .... Please read thus : 
 This law represents the conditions of the intellectual and moral 
 development of human beings^^k&^celations, etc. 
 
2l-100w-7,'33