Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
Men are endowed by nature with sundry powers, faculties, capacities,
physical and mental. These, however, are not at all uniform, but are
diverse in kind and degree in different races of men and in different
individuals of the same race. Nature seems to work through diversity
rather than through uniformity, indeed through inequality rather than
through equality. Not all men are born poets, nor are all poets
equally good poets. Not all men are by nature adapted for intellectual
pursuits, and those who are so adapted are not in that respect equally
favored by nature. Even in the field of the simplest manual labor
there is great diversity of natural capacity. It seems to be nature's
theory that mankind, the human race as a whole, will be better served
by diversities, by differences in kinds and degrees of powers, than by
uniformity and equality.
Further, normal men are also by nature endowed, if not with rights,
yet with sundry instincts, desires, passions; also with sundry
feelings, emotions, sentiments; and also with some degree of reason
and power of choice. Some of these may not be apparent in infancy, but
they appear in a greater or less degree of intensity as the individual
develops.
Among these instincts or desires is the desire to live, the desire to
serve each his own welfare and that of his offspring, and the desire
to decide for himself what will best serve that welfare. As a
corollary, he also has by birth the desire for freedom to exercise any
and all of his talents and powers in such manner, to such extent, and
in pursuit of such objects as he prefers, or to be idle if he prefers
idleness. Further, he has the instinct of acquisitiveness, the desire
to appropriate to himself and retain control of such material objects
as he thinks may serve his welfare and that of his offspring, and
especially does he have a natural instinct and desire to possess and
control exclusively for himself whatever, much or little, he has
wrenched from nature or otherwise obtained by the exercise of his
various powers. This instinct is also observable in some animals. A
dog will hide a bone for his own exclusive future use. Man also
instinctively claims for his own the natural increase of what he has
acquired, the young of his beasts, the fruits of his orchard.
This desire for control includes the desire to store up, to use, to
consume, to transfer, and even to destroy at will. This desire is seen
in young children, who will try to clutch and hold whatever attracts
them, and who will hoard or break toys or throw them away as their
whims may be. As they get older the desire to control grows stronger,
for they destroy less and preserve more in order to have greater
measure of control; but still they desire freedom to consume or
destroy at their own will. So strong is this desire of control that
men wish to direct what shall be done with their property after their
death.
Public-domain text, read in full here on John Shaqi.
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