It is proper to advert to one specific influence in moral enactments, serving to disguise the Ethical end, and to widen the distinction between morality as it has been, and morality as it ought to be.  The enforcing of legal and moral enactments demands a power of coercion, to be lodged in the hands of certain persons; the possession of which is a temptation to exceed the strict exigencies of public safety, or the common welfare.  Probably many of the whims, fancies, ceremonies, likings and antipathies, that have found their way into the moral codes of nations, have arisen from the arbitrary disposition of certain individuals happening to be in authority at particular junctures.  Even the general community, acting in a spontaneous manner, imposes needless restraints upon itself, delighting more in the exercise of power, than in the freedom of individual action.

7.  Morality, in its essential parts, is ‘Eternal and Immutable;’ in other parts, it varies with Custom.

(1) The rules for protecting one man from another, for enforcing justice, and the observance of contracts, are essential and fundamental, and may be styled ‘Eternal and Immutable.’  The ends to be served require these rules; no caprice of custom could change them without sacrificing these ends.  They are to society what food is to individual life, of sexual intercourse and mother’s care to the continuance of the race.  The primary moralities could not be exchanged for rules enacting murder, pillage, injustice, unveracity, repudiation of engagements; because under these rules, human society would fall to pieces.

(2) The manner of carrying into effect these primary regulations of society, varies according to Custom.  In some communities the machinery is rude and imperfect; while others have greatly improved it.  The Greeks took the lead in advancing judicial machinery, the Romans followed.

In the regulations not essential to Being, but important to Well-being, there has prevailed the widest discrepancy of usage.  The single department relating to the Sexes is a sufficient testimony on this head.  No one form of the family is indispensable to the existence of society; yet some forms are more favourable to general happiness than others.  But which form is on the whole the best, has greatly divided opinion; and legislation has varied accordingly.  The more advanced nations have adopted compulsory monogamy, thereby giving the prestige of their authority in favour of that system.  But it cannot be affirmed that the joining of one man to one woman is a portion of ‘Eternal and Immutable Morality.’

Morality is an Institution of society, but not an arbitrary institution.

8.  Before adducing the proofs in support of the position above assumed, namely, that Utility or Human Happiness, with certain limitations, is the proper criterion of Morality, it is proper to enquire, what sort of evidence the Ethical Standard is susceptible of.