Book 2, Chapter 02 : Of Justice
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Book 2, Chapter 02
Extent and meaning of justice.-Subject of justice: mankind.- Its distribution by the capacity of its subject.- by his usefulness.- Self-love considered.-Family affection.-Gratitude.-Objections: from ignorance-from utility. An exception stated.-Remark.- Degrees of justice.-Application.-Idea of political justice.
FROM what has been said it appears, that the subject of our present inquiry 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 favor, 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 neighbor 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 neighbor 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, vise 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 neighbor. 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 neighbor'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 favorably 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 vise, 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 coloring 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 inquiring 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 judgment, 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 favor 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 Judgment, 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 neighbor, and acting accordingly.
Having considered the persons with whom justice is conversant, let us next inquire 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 vigor, 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 neighbor 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 favor; I can only do him right. Whatever deviates from the law of justice, though it should be done in the favor 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 inquiry. 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 neighbor? - 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.
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