Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
This feeling of right to impartiality of treatment had some faint
expression in the Massachusetts "Body of Liberties" of 1641, in which
it was declared that the liberties, etc., therein enumerated should
be enjoyed "impartially" by all persons within the jurisdiction of
the colony. It was more distinctly recognized in the Connecticut
Declaration of 1818 and a part of the Connecticut Bill of Rights
today, "That all men when they form a social compact are equal in
rights and that no man or set of men are entitled to exclusive public
emoluments or privileges from the community." Again it appears in the
federal and some state constitutions in the provision against the
granting of titles of nobility. It seems to be at least impliedly
recognized in the XIVth amendment to the United States Constitution
in the clause that no state "shall deny any person within its
jurisdiction the equal protection of the laws," since "the equal
protection of the laws" necessarily implies protection against unequal
laws, laws favoring some at the expense of others or of the whole. If
the state favors one more than another it does deny that other equal
protection. I do not subscribe to the doctrine that "the greatest good
of the greatest number" is to be sought. The only legitimate search is
for the good of the whole number without discrimination for or against
any one. This sentiment found expression in the once popular slogan,
"Equal rights for all. Special privileges for none." I say once
popular, for today it would seem not popular in practice. True,
special privileges are still loudly denounced, but under the name of
special exemptions, they are still demanded by those who denounce
them most loudly.
It is not inequality of natural powers of body or mind, nor inequality
in natural conditions, that excites this feeling of resentment I have
noted. The man of feeble natural powers may envy him of strong natural
powers, but he can see that society, that law, is not responsible for
that inequality. If one finds himself from lack of natural ability or
adaptiveness unable to accomplish what others of superior ability or
adaptiveness easily accomplish, and hence he fails to receive the
prize they so easily win, he may feel great disappointment and regret,
but if honest with himself will not attribute his failure to the
injustice of society.
Public-domain text, read in full here on John Shaqi.
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