Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
Further, nature has so formed man that he not only needs but desires
association with other men. Children instinctively flock together for
common play, and this social instinct continues through life and
extends to work as well as play. We find men everywhere in the
civilized world voluntarily entering into associations for various
purposes thought by the members to be of service to themselves or
others. But there is over and surrounding these associations that
larger association, racial or territorial, which we call society. This
is the necessary association into which man is born and in which he
must live if he desires other than mere animal life. This society must
be maintained if the race of men, as men and not as mere animals, is
to continue. Indeed, society itself has a sort of instinct for
self-preservation. It is not a mere aggregation of individual units
but is an association of sentient correlated beings with a resultant
life and movement of its own.
Association, however, does not extinguish nor appreciably lessen the
natural instincts, desires, feelings, sentiments, etc., of the
individual, though they may be made less active by continued
restraint. Association even extends the scope of man's individual
desires and activities. He now desires freedom to make arrangements
with other men of such nature and for such purposes as he and they may
agree upon. If he is prevented by authority from making such
arrangements he feels some resentment, feels that his right is
infringed. He also comes to desire that those who have entered into
arrangements or contracts with him should perform their part, and he
instinctively feels resentment at their neglect or refusal to do so.
He feels that he has a right to the performance of the contract.
Another desire is developed or given play by society,--the desire to
equal one's fellows in the race for benefits, and, that accomplished,
to excel them. He desires to win in every game, to be the victor in
every contest of physical or mental powers, and in business as well as
in sports. If he is held back he feels resentment against the power
assuming to restrain him. He thus feels he has a right to equal and to
excel if he can. Whether competition should be enforced or stimulated
by society is a question in economics. What affects the question of
rights and hence of justice is whether this desire to excel should be
impeded.
In this association, however, each individual man finds himself in
close contact all through life with other men having like instincts,
desires, feelings, emotions, etc., as his own; and who also feel like
resentments and have like notions of rights possessed. If each is left
by society free to gratify these desires or to enforce his claims of
rights in his own way unmindful how his action may affect others;
if they be left free to "take who have the power" and only they may
"keep who can," society could not exist and civilization, if not the
race, would perish.
Public-domain text, read in full here on John Shaqi.
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