2. CHAPTER II
OF JUSTICE
From what has been said it appears, that the subject of our present enquiry
is strictly speaking a department of the science of morals. Morality is the
source from which its fundamental axioms must be drawn, and they will be
made somewhat clearer in the present instance, if we assume the term justice
as a general appellation for all moral duty.
That this appellation is sufficiently expressive of the subject will appear,
if we examine mercy, gratitude, temperance, or any of those duties which,
in looser speaking, are contradistinguished from justice. Why should I pardon
this criminal, remunerate this favour, or abstain from this indulgence? If
it partake of the nature of morality, it must be either right or wrong, just
or unjust. It must tend to the benefit of the individual, either without
trenching upon, or with actual advantage to the mass of individuals. Either
way it benefits the whole, because individuals are parts of the whole. Therefore
to do it is just, and to forbear it is unjust. — By justice I understand
that impartial treatment of every man in matters that relate to his happiness,
which is measured solely by a consideration of the properties of the receiver,
and the capacity of him that bestows. Its principle therefore is, according
to a well known phrase, to be "no respecter of persons."
Considerable light will probably be thrown upon our investigation, if,
quitting for the present the political view, we examine justice merely as
it exists among individuals. Justice is a rule of conduct originating in
the connection of one percipient being with another. A comprehensive maxim
which has been laid down upon the subject is "that we should love our
neighbour as ourselves." But this maxim, though possessing considerable
merit as a popular principle, is not modeled with the strictness of philosophical
accuracy.
In a loose and general view I and my neighbour are both of us men; and
of consequence entitled to equal attention. But, in reality, it is probable
that one of us is a being of more worth and importance than the other. A
man is of more worth than a beast; because, being possessed of higher faculties,
he is capable of a more refined and genuine happiness. In the same manner
the illustrious archbishop of Cambray was of more worth than his valet, and
there are few of us that would hesitate to pronounce, if his palace were
in flames, and the life of only one of them could be preserved, which of
the two ought to be preferred.
But there is another ground of preference, beside the private consideration
of one of them being further removed from the state of a mere animal. We
are not connected with one or two percipient beings, but with a society,
a nation, and in some sense with the whole family of mankind. Of consequence
that life ought to be preferred which will be most conducive to the general
good. In saving the life of Fenelon, suppose at the moment he conceived the
project of his immortal Telemachus, should have been promoting the benefit
of thousands, who have been cured by the perusal of that work of some error,
vice and consequent unhappiness. Nay, my benefit would extend further than
this; for every individual, thus cured, has become a better member of society,
and has contributed in his turn to the happiness, information, and improvement
of others.
Suppose I had been myself the valet; I ought to have chosen to die, rather
than Fenelon should have died. The life of Fenelon was really preferable
to that of the valet. But understanding is the faculty that perceives the
truth of this and similar propositions; and justice is the principle that
regulates my conduct accordingly. It would have been just in the valet to
have preferred the archbishop to himself. To have done otherwise would have
been a breach of justice.[1]
Suppose the valet had been my brother, my father, or my benefactor. This
would not alter the truth of the proposition. The life of Fenelon would still
be more valuable than that of the valet; and justice, pure, unadulterated
justice, would still have preferred that which was most valuable. Justice
would have taught me to save the life of Fenelon at the expense of the other.
What magic is there in the pronoun "my," that should justify us
in overturning the decisions of impartial truth? My brother or my father
may be a fool or a profligate, malicious, lying or dishonest. If they be,
of what consequence is it that they are mine?
"But to my father I am indebted for existence; he supported me in
the helplessness of infancy." When he first subjected himself to the
necessity of these cares, he was probably influenced by no particular motives
of benevolence to his future offspring. Every voluntary benefit however entitles
the bestower to some kindness and retribution. Why? Because a voluntary benefit
is an evidence of benevolent intention, that is, in a certain degree, of
virtue. It is the disposition of the mind, not the external action separately
taken, that entitles to respect. But the merit of this disposition is equal,
whether the benefit were conferred upon me or upon another. I and another
man cannot both be right in preferring our respective benefactors, for my
benefactor cannot be at the same time both better and worse than his neighbour.
My benefactor ought to be esteemed, not because he bestowed a benefit upon
me, but because he bestowed it upon a human being. His desert will be in
exact proportion to the degree in which that human being was worthy of the
distinction conferred.
Thus every view of the subject brings us back to the consideration of
my neighbour's moral worth, and his importance to the general weal, as the
only standard to determine the treatment to which he is entitled. Gratitude
therefore, if by gratitude we understand a sentiment of preference which
I entertain towards another, upon the ground of my having been the subject
of his benefits, is no part either of justice or virtue.[2]
It may be objected, "that my relation, my companion, or my benefactor,
will of course in many instances obtain an uncommon portion of my regard:
for, not being universally capable of discriminating the comparative worth
of different men, I shall inevitably judge most favourably of him of whose
virtues I have received the most unquestionable proofs; and thus shall be
compelled to prefer the man of moral worth whom I know, to another who may
possess, unknown to me, an essential superiority."
This compulsion however is founded only in the imperfection of human nature.
It may serve as an apology for my error, but can never change error into
truth. It will always remain contrary to the strict and universal decisions
of justice. The difficulty of conceiving this, is owing merely to our confounding
the disposition from which an action is chosen, with the action itself. The
disposition that would prefer virtue to vice, and a greater degree of virtue
to a less, is undoubtedly a subject of approbation; the erroneous exercise
of this disposition, by which a wrong object is selected, if unavoidable,
is to be deplored, but can by no colouring and under no denomination be converted
into right.[3]
It may in the second place be objected, "that a mutual commerce of
benefits tends to increase the mass of benevolent action, and that to increase
the mass of benevolent action is to contribute to the general good."
Indeed! Is the general good promoted by falsehood, by treating a man of one
degree of worth as if he had ten times that worth? or as if he were in any
degree different from what he really is? Would not the most beneficial consequences
result from a different plan; from my constantly and carefully enquiring
into the deserts of all those with whom I am connected, and from their being
sure, after a certain allowance for the fallibility of human judgement, of
being treated by me exactly as they deserved? Who can describe the benefits
that would result from such a plan of conduct, if universally adopted?
It would perhaps tend to make the truth in this respect more accurately
understood to consider that, whereas the received morality teaches me to
be grateful, whether in affection or in act, for benefits conferred on myself,
the reasonings here delivered, without removing the tie upon me from personal
benefits (except where benefit is conferred from an unworthy motive), multiply
the obligation, and enjoin me to be also grateful for benefits conferred
upon others. My obligation towards my benefactor, supposing his benefit to
be justly conferred, is in no sort dissolved; nor can anything authorize
me to supersede it but the requisition of a superior duty. That which ties
me to my benefactor, upon these principles, is the moral worth he has displayed;
and it will frequently happen that I shall be obliged to yield him the preference,
because, while other competitors may be of greater worth, the evidence I
have of the worth of my benefactor is more complete.
There seems to be more truth in the argument, derived chiefly from the
prevailing modes of social existence, in favour of my providing, in ordinary
cases, for my wife and children, my brothers and relations, before I provide
for strangers, than in those which have just been examined. As long as the
providing for individuals is conducted with its present irregularity and
caprice, it seems as if there must be a certain distribution of the class
needing superintendence and supply, among the class affording it; that each
man may have his claim and resource. But this argument is to be admitted
with great caution. It belongs only to ordinary cases; and cases of a higher
order, or a more urgent necessity, will perpetually occur in competition
with which these will be altogether impotent. We must be severely scrupulous
in measuring the quantity of supply; and, with respect to money in particular,
should remember how little is yet understood of the true mode of employing
it for the public benefit.
Nothing can be less exposed to reasonable exception than these principles.
If there be such a thing as virtue, it must be placed in a conformity to
truth, and not to error. It cannot be virtuous that I should esteem a man,
that is, consider him as possessed of estimable qualities, when in reality
he is destitute of them. It surely cannot conduce to the benefit of mankind
that each man should have a different standard of moral Judgement, and preference,
and that the standard of all should vary from that of reality. Those who
teach this impose the deepest disgrace upon virtue. They assert in other
words that, when men cease to be deceived, when the film is removed from
their eyes, and they see things as they are, they will cease to be either
good or happy. Upon the system opposite to theirs, the soundest criterion
of virtue is to put ourselves in the place of an impartial spectator, of
an angelic nature, suppose, beholding us from an elevated station, and uninfluenced
by our prejudices, conceiving what would be his estimate of the intrinsic
circumstances of our neighbour, and acting accordingly.
Having considered the persons with whom justice is conversant, let us
next enquire into the degree in which we are obliged to consult the good
of others. And here, upon the very same reasons, it will follow that it is
just I should do all the good in my power. Does a person in distress apply
to me for relief? It is my duty to grant it, and I commit a breach of duty
in refusing. If this principle be not of universal application, it is because,
in conferring a benefit upon an individual, I may in some instances inflict
an injury of superior magnitude upon myself or society. Now the same justice
that binds me to any individual of my fellow men binds me to the whole. If,
while I confer a benefit upon one man, it appear, in striking an equitable
balance, that I am injuring the whole, my action ceases to be right, and
becomes absolutely wrong. But how much am I bound to do for the general weal,
that is, for the benefit of the individuals of whom the whole is composed?
Everything in my power. To the neglect of the means of my own existence?
No; for I am myself a part of the whole. Beside, it will rarely happen that
the project of doing for others everything in my power will not demand for
its execution the preservation of my own existence; or in other words, it
will rarely happen that I cannot do more good in twenty years than in one.
If the extraordinary case should occur in which I can promote the general
good by my death more than by my life, justice requires that I should be
content to die. In other cases, it will usually be incumbent on me to maintain
my body and mind in the utmost vigour, and in the best condition for service.[4]
Suppose, for example, that it is right for one man to possess a greater
portion of property than another, whether as the fruit of his industry, or
the inheritance of his ancestors. Justice obliges him to regard this property
as a trust, and calls upon him maturely to consider in what manner it may
be employed for the increase of liberty, knowledge and virtue. He has no
right to dispose of a shilling of it at the suggestion of his caprice. So
far from being entitled to well earned applause, for having employed some
scanty pittance in the service of philanthropy, he is in the eye of justice
a delinquent if he withhold any portion from that service. Could that portion
have been better or more worthily employed? That it could is implied in the
very terms of the proposition. Then it was just it should have been so employed.
— In the same manner as my property, I hold my person as a trust in behalf
of mankind. I am bound to employ my talents, my understanding, my strength
and my time, for the production of the greatest quantity of general good.
Such are the declarations of justice, so great is the extent of my duty.
But justice is reciprocal. If it be just that I should confer a benefit,
it is just that another man should receive it, and, if I withhold from him
that to which he is entitled, he may justly complain. My neighbour is in
want of ten pounds that I can spare There is no law of political institution
to reach this case, and transfer the property from me to him. But in a passive
sense, unless it can be shown that the money can be more beneficently employed,
his right is as complete (though actively he have not the same right, or
rather duty, to possess himself of it) as if he had my bond in his possession,
or had supplied me with goods to the amount.[5]
To this it has sometimes been answered "that there is more than one
person who stands in need of the money I have to spare, and of consequence
I must be at liberty to bestow it as I please." By no means. If only
one person offer himself to my knowledge or search, to me there is but one.
Those others that I cannot find belong to other rich men to assist (every
man is in reality rich who has more than his just occasions demand), and
not to me. If more than one person offer, I am obliged to balance their claims,
and conduct myself accordingly. It is scarcely possible that two men should
have an exactly equal claim, or that I should be equally certain respecting
the claim of the one as of the other.
It is therefore impossible for me to confer upon any man a favour; I can
only do him right. Whatever deviates from the law of justice, though it should
be done in the favour of some individual or some part of the general whole,
is so much subtracted from the general stock, so much of absolute injustice.
The reasonings here alleged, are sufficient clearly to establish the competence
of justice as a principle of deduction in all cases of moral enquiry. They
are themselves rather of the nature of illustration and example, and, if
error be imputable to them in particulars, this will not invalidate the general
conclusion, the propriety of applying moral justice as a criterion in the
investigation of political truth.
Society is nothing more than an aggregation of individuals. Its claims
and duties must be the aggregate of their claims and duties, the one no more
precarious and arbitrary than the other. What has the society a right to
require from me? The question is already answered: everything that it is
my duty to do. Anything more? Certainly not. Can it change eternal truth,
or subvert the nature of men and their actions? Can it make my duty consist
in committing intemperance, in maltreating or assassinating my neighbour?
— Again, what is it that the society is bound to do for its members? Everything
that is requisite for their welfare. But the nature of their welfare is defined
by the nature of mind. That will most contribute to it which expands the
understanding, supplies incitements to virtue, fills us with a generous consciousness
of our independence, and carefully removes whatever can impede our exertions.
Should it be affirmed, "that it is not in the power of political
system to secure to us these advantages," the conclusion will not be
less incontrovertible. It is bound to contribute everything it is able to
these purposes. Suppose its influence in the utmost degree limited; there
must be one method approaching nearer than any other to the desired object,
and that method ought to be universally adopted. There is one thing that
political institutions can assuredly do, they can avoid positively counteracting
the true interests of their subjects. But all capricious rules and arbitrary
distinctions do positively counteract them. There is scarcely any modification
of society but has in it some degree of moral tendency. So far as it produces
neither mischief nor benefit, it is good for nothing. So far as it tends
to the improvement of the community, it ought to be universally adopted.
[[1]]
The question how far impartial justice is a motive capable of operating
upon the mind will be found examined at length, Book IV, Chapter X.
[[2]]
This argument is stated with great clearness in an Essay on the Nature
of True Virtue, by Jonathan Edwards, author of a celebrated work on the Freedom
of the Will.
[[4]]
Appendix. No. 1. Of Suicide.