But as regards Positive Morality, or moral rules, some have so far the essentials of an imperative law or rule, that they are rules set by men to men.  But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights; in this respect they differ from positive laws, they are not clothed with legal sanctions.

The most important department of positive morality includes the laws set or imposed by general opinion, as for example the laws of honour, and of fashion.  Now these are not laws in the strict meaning of the word, because the authors are an indeterminate or uncertain aggregate of persons.  Still, they have the closest alliance with Laws proper, seeing that being armed with a sanction, they impose a duty.  The persons obnoxious to the sanction generally do or forbear the acts enjoined or forbidden; which is all that can happen under the highest type of law.

The author then refers to Locke’s division of law, which, although faulty in the analysis, and inaptly expressed, tallies in the main with what he has laid down.

Of Metaphorical or figurative laws, the most usual is that suggested by the fact of uniformity, which is one of the ordinary consequences of a law proper.  Such are the laws of nature, or the uniformities of co-existence and succession in natural phenomena.

Another metaphorical extension is to a model or pattern, because a law presents something as a guide to human conduct.  In this sense, a man may set a law to himself, meaning a plan or model, and not a law in the proper sense of a command.  So a rule of art is devoid of a sanction, and therefore of the idea of duty.

A confusion of ideas also exists as to the meaning of a sanction.  Bentham styles the evils arising in the course of nature physical sanctions, as if the omission to guard against fire were a sin or an immorality, punished by the destruction of one’s house.  But although this is an evil happening to a rational being, and brought on by a voluntary act or omission, it is not the result of a law in the proper sense of the term.  What is produced naturally, says Locke, is produced without the intervention of a law.

Austin is thus seen to be one of the most strenuous advocates of Utility as the Standard, and is distinguished for the lucidity of his exposition, and the force of his replies to the objections made against it.

He is also the best expounder of the relationship of Morality to Law.

WILLIAM WHEWELL. [1794-1866.]

Dr. Whewell’s chief Ethical works are, ’Elements of Morality, including
Polity,’ and ‘Lectures on the History of Moral Philosophy in England.’

We may refer for his views to either work.  The following abstract is taken from the latest (4th) edition of his Elements (1864).