PSYCHOLOGICAL EXPOSITION OF THE IDEA OF JUSTICE ANDINJUSTICE, AND A DETERMINATION OF THE PRINCIPLE OFGOVERNMENT AND OF RIGHT.
Property is impossible; equality does not exist.We hate the former, and yet wish to possess it; the latter rules all our thoughts, yet we know not how to reach it.Who will explain this profound antagonism between our conscience and our will? Who will point out the causes of this pernicious error, which has become the most sacred principle of justice and society?
I am bold enough to undertake the task, and I hope to succeed.
But before explaining why man has violated justice, it is necessary to determine what justice is.
PART FIRST.
% 1.--Of the Moral Sense in Man and the Animals.
The philosophers have endeavored often to locate the line which separates man's intelligence from that of the brutes; and, according to their general custom, they gave utterance to much foolishness before resolving upon the only course possible for them to take,--observation.It was reserved for an unpretending savant--who perhaps did not pride himself on his philosophy--to put an end to the interminable controversy by a simple distinction; but one of those luminous distinctions which are worth more than systems.Frederic Cuvier separated INSTINCT from INTELLIGENCE.
But, as yet, no one has proposed this question:--IS THE DIFFERENCE BETWEEN MAN'S MORAL SENSE AND THAT OF THEBRUTE A DIFFERENCE IN KIND OR ONLY IN DEGREE?
If, hitherto, any one had dared to maintain the latter alternative, his arguments would have seemed scandalous, blasphemous, and offensive to morality and religion.The ecclesiastical and secular tribunals would have condemned him with one voice.And, mark the style in which they would have branded the immoral paradox! "Conscience,"--they would have cried,--"conscience, man's chief glory, was given to him exclusively; the notion of justice and injustice, of merit and demerit, is his noble privilege; to man, alone,--the lord of creation,--belongs the sublime power to resist his worldly propensities, to choose between good and evil, and to bring himself more and more into the resemblance of God through liberty and justice....No; the holy image of virtue was never graven save on the heart of man." Words full of feeling, but void of sense.
Man is a rational and social animal--{GREEK ` c g}--said Aristotle.This definition is worth more than all which have been given since.I do not except even M.de Bonald's celebrated definition,--MAN IS AN INTELLECT SERVED BY ORGANS--a definition which has the double fault of explaining the known by the unknown; that is, the living being by the intellect; and of neglecting man's essential quality,--animality.
Man, then, is an animal living in society.Society means the sum total of relationships; in short, system.Now, all systems exist only on certain conditions.What, then, are the conditions, the LAWS, of human society?
What are the RIGHTS of men with respect to each other; what is JUSTICE?
It amounts to nothing to say,--with the philosophers of various schools,--"It is a divine instinct, an immortal and heavenly voice, a guide given us by Nature, a light revealed unto every man on coming into the world, a law engraved upon our hearts; it is the voice of conscience, the dictum of reason, the inspiration of sentiment, the penchant of feeling; it is the love of self in others; it is enlightened self-interest; or else it is an innate idea, the imperative command of applied reason, which has its source in the concepts of pure reason; it is a passional attraction," &c., &c.This may be as true as it seems beautiful; but it is utterly meaningless.Though we should prolong this litany through ten pages (it has been filtered through a thousand volumes), we should be no nearer to the solution of the question.
"Justice is public utility," says Aristotle.That is true, but it is a tautology."The principle that the public welfare ought to be the object of the legislator"--says M.Ch.Comte in his "Treatise on Legislation"--"cannot be overthrown.But legislation is advanced no farther by its announcement and demonstration, than is medicine when it is said that it is the business of physicians to cure the sick."Let us take another course.RUGHT is the sum total of the principles which govern society.Justice, in man, is the respect and observation of those principles.To practise justice is to obey the social instinct; to do an act of justice is to do a social act.If, then, we watch the conduct of men towards each other under different circumstances, it will be easy for us to distinguish between the presence and absence of society; from the result we may inductively infer the law.
Let us commence with the simplest and least doubtful cases.
The mother, who protects her son at the peril of her life, and sacrifices every thing to his support, is in society with him--she is a good mother.She, on the contrary, who abandons her child, is unfaithful to the social instinct,--maternal love being one of its many features; she is an unnatural mother.
If I plunge into the water to rescue a drowning man, I am his brother, his associate; if, instead of aiding him, I sink him, Iam his enemy, his murderer.
Whoever bestows alms treats the poor man as his associate; not thoroughly, it is true, but only in respect to the amount which he shares with him.Whoever takes by force or stratagem that which is not the product of his labor, destroys his social character--he is a brigand.
The Samaritan who relieves the traveller lying by the wayside, dresses his wounds, comforts him, and supplies him with money, thereby declares himself his associate--his neighbor; the priest, who passes by on the other side, remains unassociated, and is his enemy.
In all these cases, man is moved by an internal attraction towards his fellow, by a secret sympathy which causes him to love, congratulate, and condole; so that, to resist this attraction, his will must struggle against his nature.
