Another feature in this sense of justice is the _proportion_ demanded
between the evil done and the penalty inflicted. That this also is
instinctive, and not the result of instruction, is seen in the nursery,
where children will approve of slight penalties for slight offenses, and
severe ones for great ones, but will revolt from any very great
disproportion between the wrong act and its penalty. As a general rule,
both in the nursery and in mature minds, the greater the wrong done, the
stronger the desire for a penalty, and the more severe the punishment
demanded.
Another very important point of consideration is the universal feeling of
mankind that the _natural penalties_ for wrong‐doing are _not sufficient_,
and that it is an act of love as well as of justice to add to these
penalties. Thus the parent who forbids his child to eat green fruit will
not trust to the results of the natural penalty, but will restrain by the
fear of the immediate and more easily conceived penalty of chastisement.
So, in the great family of man, the natural penalties for theft are not
deemed sufficient, but severe penalties for the protection of property are
added.
This particular is the foundation of certain distinctions that are of
great importance, which will now be pointed out.
We find the terms “_reward_ and _punishment_” used in two different
relations. In the first and widest sense they signify not only the
penalties of human law, but those _natural consequences_ which, by the
constitution of nature, inevitably follow certain courses of conduct.
Thus an indolent man is said to receive poverty as a punishment, and it is
in this sense that his children are said to be punished for the faults of
their father.
The violations of natural law are punished without any reference to the
question whether the evil‐doer intended the wrong, or whether he sinned in
ignorance, or whether this ignorance was involuntary and unavoidable. The
question of the justice or injustice of such natural penalties involves
the great question of the right and wrong of the system of the universe.
Is it just and right for the Creator to make a system in which all free
agents shall be thus led to obedience to its laws by penalties as well as
rewards, by fear as well as by hope? This question will not be discussed
here.
Most discussions as to _just_ rewards and penalties ordinarily relate to
the _added_ penalties by which parents, teachers and magistrates enforce
obedience to natural or to statute law.
In these questions reference is always had to the _probable results_ of
such rewards and penalties in securing obedience. If experience has shown
that certain penalties do secure obedience to wise and good laws, either
of nature or of human enactment, then they are considered just. If they do
not, they are counted unwise and unjust.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account