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The commonest understanding can distinguish without instruction what form of maxim is adapted for universal legislation, and what is not. Suppose, for example, that I have made it my maxim to increase my fortune by every safe means. Now, I have a deposit in my hands, the owner of which is dead and has left no writing about it. This is just the case for my maxim. I desire then to know whether that maxim can also bold good as a universal practical law. I apply it, therefore, to the present case, and ask whether it could take the form of a law, and consequently whether I can by my maxim at the same time give such a law as this, that everyone may deny a deposit of which no one can produce a proof. I at once become aware that such a principle, viewed as a law, would annihilate itself, because the result would be that there would be no deposits. A practical law which I recognise as such must be qualified for universal legislation; this is an identical proposition and, therefore, self-evident. Now, if I say that my will is subject to a practical law, I cannot adduce my inclination (e.g., in the present case my avarice) as a principle of determination fitted to be a universal practical law; for this is so far from being fitted for a universal legislation that, if put in the form of a universal law, it would destroy itself.
BOOK1|CHAPTER1 ^paragraph 50
It is, therefore, surprising that intelligent men could have thought of calling the desire of happiness a universal practical law on the ground that the desire is universal, and, therefore, also the maxim by which everyone makes this desire determine his will. For whereas in other cases a universal law of nature makes everything harmonious; here, on the contrary, if we attribute to the maxim the universality of a law, the extreme opposite of harmony will follow, the greatest opposition and the complete destruction of the maxim itself and its purpose. For, in that case, the will of all has not one and the same object, but everyone has his own (his private welfare), which may accidentally accord with the purposes of others which are equally selfish, but it is far from sufficing for a law; because the occasional exceptions which one is permitted to make are endless, and cannot be definitely embraced in one universal rule. In this manner, then, results a harmony like that which a certain satirical poem depicts as existing between a married couple bent on going to ruin, "O, marvellous harmony, what he wishes, she wishes also"; or like what is said of the pledge of Francis I to the Emperor Charles V, "What my brother Charles wishes that I wish also" (viz., Milan). Empirical principles of determination are not fit for any universal external legislation, but just as little for internal; for each man makes his own subject the foundation of his inclination, and in the same subject sometimes one inclination, sometimes another, has the preponderance. To discover a law which would govern them all under this condition, namely, bringing them all into harmony, is quite impossible.
Supposing that the mere legislative form of maxims is alone the sufficient determining principle of a will, to find the nature of the will which can be determined by it alone.
BOOK1|CHAPTER1 ^paragraph 55
Since the bare form of the law can only be conceived by reason, and is, therefore, not an object of the senses, and consequently does not belong to the class of phenomena, it follows that the idea of it, which determines the will, is distinct from all the principles that determine events in nature according to the law of causality, because in their case the determining principles must themselves be phenomena. Now, if no other determining principle can serve as a law for the will except that universal legislative form, such a will must be conceived as quite independent of the natural law of phenomena in their mutual relation, namely, the law of causality; such independence is called freedom in the strictest, that is, in the transcendental, sense; consequently, a will which can have its law in nothing but the mere legislative form of the maxim is a free will.
Supposing that a will is free, to find the law which alone is competent to determine it necessarily.
BOOK1|CHAPTER1 ^paragraph 60
Since the matter of the practical law, i.e., an object of the maxim, can never be given otherwise than empirically, and the free will is independent on empirical conditions (that is, conditions belonging to the world of sense) and yet is determinable, consequently a free will must find its principle of determination in the law, and yet independently of the matter of the law. But, besides the matter of the law, nothing is contained in it except the legislative form. It is the legislative form, then, contained in the maxim, which can alone constitute a principle of determination of the [free] will.
Thus freedom and an unconditional practical law reciprocally imply each other. Now I do not ask here whether they are in fact distinct, or whether an unconditioned law is not rather merely the consciousness of a pure practical reason and the latter identical with the positive concept of freedom; I only ask, whence begins our knowledge of the unconditionally practical, whether it is from freedom or from the practical law? Now it cannot begin from freedom, for of this we cannot be immediately conscious, since the first concept of it is negative; nor can we infer it from experience, for experience gives us the knowledge only of the law of phenomena, and hence of the mechanism of nature, the direct opposite of freedom. It is therefore the moral law, of which we become directly conscious (as soon as we trace for ourselves maxims of the will), that first presents itself to us, and leads directly to the concept of freedom, inasmuch as reason presents it as a principle of determination not to be outweighed by any sensible conditions, nay, wholly independent of them. But how is the consciousness, of that moral law possible? We can become conscious of pure practical laws just as we are conscious of pure theoretical principles, by attending to the necessity with which reason prescribes them and to the elimination of all empirical conditions, which it directs. The concept of a pure will arises out of the former, as that of a pure understanding arises out of the latter. That this is the true subordination of our concepts, and that it is morality that first discovers to us the notion of freedom, hence that it is practical reason which, with this concept, first proposes to speculative reason the most insoluble problem, thereby placing it in the greatest perplexity, is evident from the following consideration: Since nothing in phenomena can be explained by the concept of freedom, but the mechanism of nature must constitute the only clue; moreover, when pure reason tries to ascend in the series of causes to the unconditioned, it falls into an antinomy which is entangled in incomprehensibilities on the one side as much as the other; whilst the latter (namely, mechanism) is at least useful in the explanation of phenomena, therefore no one would ever have been so rash as to introduce freedom into science, had not the moral law, and with it practical reason, come in and forced this notion upon us. Experience, however, confirms this order of notions. Suppose some one asserts of his lustful appetite that, when the desired object and the opportunity are present, it is quite irresistible. [Ask him]- if a gallows were erected before the house where he finds this opportunity, in order that he should be hanged thereon immediately after the gratification of his lust, whether he could not then control his passion; we need not be long in doubt what he would reply. Ask him, however- if his sovereign ordered him, on pain of the same immediate execution, to bear false witness against an honourable man, whom the prince might wish to destroy under a plausible pretext, would he consider it possible in that case to overcome his love of life, however great it may be. He would perhaps not venture to affirm whether he would do so or not, but he must unhesitatingly admit that it is possible to do so. He judges, therefore, that he can do a certain thing because he is conscious that he ought, and he recognizes that he is free- a fact which but for the moral law he would never have known.
