Defence of Criminals 



before any question of division into classes arises, 

 while races are yet in a rudimentary and tribal 

 state, the utmost diversity of custom and public 

 opinion marks the one from the other. 



What, then, are v^^e to conclude from all these 

 variations (and the far greater number which 

 I have not mentioned) of the respect or stigma 

 attaching to the same actions, not only among 

 different societies in different ages or parts of the 

 world, but even at any one time among different 

 classes of the same society ? Must we conclude 

 that there is no such thing as a permanent moral 

 code valid for all time ; or must we still suppose 

 that there is such a thing — though society has 

 hitherto sought for it in vain ? 



I think it is obvious that there is no such thing 

 as a permanent moral code — at any rate as apply- 

 ing to actions. Probably the respect or stigma 

 attaching to particular classes of actions arose 

 from the fact that these classes of actions v/ere 

 — or v>^ere thought to be — beneficial or injurious 

 to the society of the time ; but it is also clear that 

 this good or bad name once created clings to the 

 action long after the action has ceased in the 

 course of social progress to be beneficial in the 

 one case, or injurious in the other ; and indeed 

 long after the thinkers of the race have discovered 

 the discrepancy. And so in a short time arises 

 a great confusion in the popular mind between 

 what is really good or evil for the race and what 

 is reputed to be so — the bolder spirits who try 

 to separate the two having to atone for this con- 



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