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introduction to the metaphysic of morals-第6章

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certain unconditional practical laws are founded; and they specially

constitute moral laws。 In relation to us as human beings; with an

activity of will modified by sensible influences so as not to be

conformable to the pure will; but as often contrary to it; these

laws appear as imperatives commanding or prohibiting certain

actions; and as such they are categorical or unconditional

imperatives。 Their categorical and unconditional character

distinguishes them from the technical imperatives which express the

prescriptions of art; and which always command only conditionally。

According to these categorical imperatives; certain actions are

allowed or disallowed as being morally possible or impossible; and

certain of them or their opposites are morally necessary and

obligatory。 Hence; in reference to such actions; there arises the

conception of a duty whose observance or transgression is

accompanied with a pleasure or pain of a peculiar kind; known as moral

feeling。 We do not; however; take the moral feelings or sentiments

into account in considering the practical laws of reason。 For they

do not form the foundation or principle of practical laws of reason;

but only the subjective effects that arise in the mind on the occasion

of our voluntary activity being determined by these laws。 And while

they neither add to nor take from the objective validity or

influence of the moral laws in the judgement of reason; such

sentiments may vary according to the differences of the individuals

who experience them。

  The following conceptions are common to jurisprudence and ethics

as the two main divisions of the metaphysic of morals。

  Obligation is the necessity of a free action when viewed in relation

to a categorical imperative of reason。 An imperative is a practical

rule by which an action; otherwise contingent in itself; is made

necessary。 It is distinguished from a practical law in that such a

law; while likewise representing the action as necessary; does not

consider whether it is internally necessary as involved in the

nature of the agent… say as a holy being… or is contingent to him;

as in the case of man as we find him; for where the first condition

holds good; there is in fact no imperative。 Hence an imperative is a

rule which not only represents but makes a subjectively contingent

action necessary; and it; accordingly; represents the subject as being

(morally) necessitated to act in accordance with this rule。 A

categorical or unconditional imperative is one which does not

represent the action in any way immediately through the conception

of an end that is to be attained by it; but it presents the action

to the mind as objectively necessary by the mere representation of its

form as an action; and thus makes it necessary。 Such imperatives

cannot be put forward by any other practical science than that which

prescribes obligations; and it is only the science of morals that does

this。 All other imperatives are technical; and they are altogether

conditional。 The ground of the possibility of categorical

imperatives lies in the fact that they refer to no determination of

the activity of the will by which a purpose might be assigned to it;

but solely to its freedom。

  Every action is allowed (licitum) which is not contrary to

obligation; and this freedom not being limited by an opposing

imperative; constitutes a moral right as a warrant or title of

action (facultas moralis)。 From this it is at once evident what

actions are disallowed or illicit (illicita)。

  Duty is the designation of any action to which anyone is bound by an

obligation。 It is therefore the subject…matter of all obligation。 Duty

as regards the action concerned may be one and the same; and yet we

may be bound to it in various ways。

  The categorical imperative; as expressing an obligation in respect

to certain actions; is a morally practical law。 But because obligation

involves not merely practical necessity expressed in a law as such;

but also actual necessitation; the categorical imperative is a law

either of command or prohibition; according as the doing or not

doing of an action is represented as a duty。 An action which is

neither commanded nor forbidden is merely allowed; because there is no

law restricting freedom; nor any duty in respect of it。 Such an action

is said to be morally indifferent (indifferens; adiaphoron; res

merae facultatis)。 It may be asked whether there are such morally

indifferent actions; and if there are; whether in addition to the

preceptive and prohibitive law (lex praeceptiva et prohibitiva; lex

mandati et vetiti); there is also required a permissive law (lex

permissiva); in order that one may be free in such relations to act;

or to forbear from acting; at his pleasure? If it were so; the moral

right in question would not; in all cases; refer to actions that are

indifferent in themselves (adiaphora); for no special law would be

required to establish such a right; considered according to moral

laws。

  An action is called an act… or moral deed… in so far as it is

subject to laws of obligation; and consequently in so far as the

subject of it is regarded with reference to the freedom of his

choice in the exercise of his will。 The agent… as the actor or doer of

the deed… is regarded as; through the act; the author of its effect;

and this effect; along with the action itself; may be imputed to

him; if be previously knew the law in virtue of which an obligation

rested upon him。

  A person is a subject who is capable of having his actions imputed

to him。 Moral personality is; therefore; nothing but the freedom of

a rational being under moral laws; and it is to be distinguished

from psychological freedom as the mere faculty by which we become

conscious of ourselves in different states of the identity of our

existence。 Hence it follows that a person is properly subject to no

other laws than those he lays down for himself; either alone or in

conjunction with others。

  A thing is what is incapable of being the subject of imputation。

Every object of the free activity of the will; which is itself void of

freedom; is therefore called a thing (res corporealis)。

  Right or wrong applies; as a general quality; to an act (rectum

aut minus rectum); in so far as it is in accordance with duty or

contrary to duty (factum licitum aut illicitum); no matter what may be

the subject or origin of the duty itself。 An act that is contrary to

duty is called a transgression (reatus)。

  An unintentional transgression of a duty; which is; nevertheless;

imputable to a person; is called a mere fault (culpa)。 An

intentional transgression… that is; an act accompanied with the

consciousness that it is a transgression… constitutes a crime (dolus)。

  Whatever is juridically in accordance with external laws is said

to be just (jus; instum); and whatever is not juridically in

accordance with external laws is unjust (unjustum)。

  A collision of duties or obligations (collisio
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