BOOK REVIEWS 231 within an established system of law and power. Men are equal before the law; that is, no man is exempt from punishment if he has done wrong. In tiffs sense equality declares the power of the state, not its limitation. On the other hand men are not equal in political wisdom, and the principle of utility dictates that the wise should rule the foolish . Nor are men naturally brothers. To suppose so usually betrays a zeal for my notions as to what men should be and how they should live. It frequently means distaste for the presenL He that loveth not his brother whom he hath seen is particularly apt to suppose that he loves his distant cousin whom he hath not seen.... Mr. Mill for instance, never loses opportunity of speaking with contempt of our present "wretched social arrangements," the low state of society, and the general pettiness of his contemporaries, but he looks forward to an age in which all-embracing love of Humanity will regenerate the human race. Under such a scathing attack Mill's doctrine of liberty presents a bedraggled appearance. But the brilliance of the attack leaves us with no defense against the limitless extension of criminal law. Stephen does not want this anymore than does Mill He wishes to protect a man's home and family against the "busy body and worldbetterer " (p. 159), but he does so on the assumption that what goes on within a man's home is innocent, not that it may be a haven for vice. Where then can we come by the distinction between the innocent and the vicious act so as to provide a desired limitation to the reach of law? For Stephen the answer is to be found in the reasonablehess of Christianity. What will prove in the long run to have utility will depend upon whether there is a God and a Future State. If a man's actions threaten him with damnation utility dictates present punishment (with a view to reform, I suppose). Thus morality underwrites the law. Moreover Christian doctrine provides the code that is to be enforced, and thus the limits of its application. To the contemporary reader this conclusion must appear lame, just as its contemporary affirmation by Devlin must seem wistfuL Too many of us no longer regard Christianity as reasonable, and Christians themselves disagree profoundly on questions of theology and morality. Still, one might see in Christianity, conceived as a reasonably orthodox theology and moral code, an example of what is necessary in order to provide a reasonably harmonious society under law. Some ideological consistency is necessary to the functioning of the great Leviathan. Stephen, a true disciple of Hobbes, seizes on whatever vestiges of religious orthodoxy he can find in order to provide a positive alternative to libertarianism. But, lacking such orthodoxy (even wistfully), we may well wonder how we are to build effective barriers to the extension of criminal law, where Stephen has so effectively demolished those of Mill. A. R. LoucH Claremont Graduate School Activity in Marx's Philosophy. By Norman D. Livergood. (The Hague: Martinus Nijhoff , 1967. Pp. xii+109. Guilders 16.20) This analysis of Marx's use of the concept of "activity" is fundamental for a critical understanding of his materialism. Activist materialism is in definite contrast to mechanical materialism and also gives a decidedly practical emphasis to Marx's dialectic of history. The earliest expression that Marx gave to this concept and to his revolt against both mechanical and romantic versions of action is found in his 1841 Ph.D. dissertation at Berlin; this dissertation appears for the first time in English translation as an Appendix to this volume. Here Marx favors Epicurus against Demo- 232 HISTORY OF PHILOSOPHY critus because he attributes to the atoms an internal principle of activity. Even if it is only the activity of "declination," to Marx this was of great philosophical importance, for it freed materialism from determinism. He made a strong point of this criticism of classical materialism when he criticized his speculative Young-Hegelian friends, to whom he refers contemptuously as "the Holy Family." The difference from Hegel is that, whereas...
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