Progressive Morality

ially conservative, it occasionally happens that, on some points, the average moral sentiment is in advance of the law. I may select as examples, from comparatively recent legal history, the continuance of religious disabilities and the excessive punishment of ordinary or even trivial crimes; and, perhaps, I may venture to add, as a possible reform in the future now largely demanded by popular sentiment, some considerable modifications of the laws regulating the transfer of and the succession to landed property. Thus it will be seen that law and the sentiment of society may each be employed as corrective of the other, and that, consequently, their comparison implies a higher standard than either, by means of which each may be tested, and to which each, in its turn, may be referred. This higher or common standard it will be our business to consider in a subsequent part of this Essay. Meanwhile, it may be pointed out that, in addition to its function as an occasional corrective of the legal sanction, the social