
عباراتی که به شکل: ((انسان، حیوان … است)) صورتبندی میشوند بر تمایز انسان با حیوان تاکید میکنند. به عبارت دیگر اندیشمند با پیشنهاد این اطلاق بر این باور است که صفت مذکور فرق فارق انسان با دیگر موجودات است. در میان دهها صفاتی که انسان بدانها متصف شده است از ناطق و خندان و ابزار ساز گرفته تا متفکر و درجستجوی معنا و …، تعریف #کانت از انسان کمتر توسط شواهد تجربی در خصوص دیگر موجودات نقض شدهاست. او انسان را حیوان اخلاقی میداند. شاید توانسته باشیم بعضی این صفات یا شبیه آن صفات را کم و بیش در دیگر حیوانات سراغ گرفته باشیم اما دستکم من ندیدم که اندیشمندی ادعا کرده باشد که بتوان حتی نادری از افعال حیوانات را اخلاقی قلمداد کرد.
اخلاقی که کانت از او سخن میگوید تا حد زیادی انتزاعی و دور از تعریف عرفی ما از اخلاق مینماید. او تنها کنشی را اخلاقی میداند که اراده کنشگر محضا از سر وظیفه و قطعنظر از پیامدهای آن در عالم خارج صورت پذیرد. طبق این نظریه اگر مثلا کمککردن یا نکردن به فقیری برای کسی احساسی متفاوت رقم بزند کنش او خارج از دایره اخلاق است (و نه البته غیراخلاقی)، چون فعل او تحت تاثیر احساسات او واقع شده و دلیلی خیر از وظیفه داشته است. این میتواند با شهودهای عرفی ما همخوانی نداشته باشد. انسان اخلاقی که او تصویر میکند بسیار خشک و بیروح و انصافا خالص و پاک است. اگر انسان اخلاقی کانت را بپذیریم دیگر از ظاهر رفتار و منسلخ از انگیزه فاعل نمیتوان در خصوص کیفیت اخلاقی فعل او اظهار نظر کرد. با همه شباهتی که دو فعل با منشأ اخلاقی و منشأ قانونی در ظاهر دارند اما قطعنظر از نیت و انگیزه فاعل برچسب اخلاقی بر آن دو در نگاه اول مقدور نیست. حال جای این پرسش است که در جامعه غربی که استیلای قانون به ادعای جامعهشناسان غیرقابلانکار است، آیا اطلاق اخلاقی بودن به افعال زیبای درستساخت در ترازوی معرفت وزنی دارد؟ جامعهی ایدهآل جامعهای است که در آن به جای قانون، اخلاق دست بالا را داشتهباشد و متضمن حفظ حقوق شهروندی توسط خود افراد، بدون دخالت نهادهای قانونی باشند و قوانین به صورت حداقلی وضع شوند و کار شهروندان کمتر به آنها حوالت شود. این توضیحات نباید موجه روحیه قانونگریز ما و سایر کشورهایی شود که در آنها قانونشکنی چنان که باید گران تمام نمیشود گردد اما باید ما را متفتن این مهم کند که هر فعلی با هر زیبایی ظاهری که میتواند داشته باشد لزوما اخلاقی نیست و از آن مهمتر انسانی که نه ملتزم به اخلاق در مرتبه اول و نه قانون در مرحله دوم و نه دستکم خودآیینی نیست، انسان نیست. انسان یا ملتزم به اخلاق یا قانون! و شق دیگری ندارد!
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