Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
It is not essential to the preservation of society and the race that
such inequalities should be removed, that all men should be reduced
to a dead level of capacity, that human nature should be ignored.
It is strongly felt, however, that society should not itself create
artificial inequalities, should not allow one man or set of men a
liberty it will not allow to others, should not impose burdens on one
man or set of men to be borne by them alone while others are exempt;
or if it does undertake to do so it should be able to demonstrate that
such artificial inequality is necessary for the safety of all. The
intensity of this feeling against artificial inequalities is so great
that men sometimes prefer equality before the law even to liberty.
When the British ambassador said to Madam De Stael that Frenchmen had
no more liberty after the Revolution than before, she answered that
they had acquired equality before the law and they preferred that to
more liberty. This sentiment was tersely and well expressed in the
French Declaration of Rights of 1795. "Equality consists in this, that
the law is the same for all whether it protects or punishes."
Of course, no assertion of rights can be carried to the extent of the
dictum, "Fiat Justitia ruat Respublica," for if the state fall, all
hopes of justice fall with it. When the alternative is the conquest
of the particular society by invasion or its disorganization by
rebellion or rioting or otherwise, some of its members must submit to
the sacrifice of some or all of their rights. Nature will sacrifice
individuals for the preservation of the race. Society must sometimes
do the same. "Inter arma silent leges." But such times are exceptional
and not within the scope of our inquiry.
To sum up the matter, justice is the according to every one his right,
and that right is such freedom of action in gratifying one's desires
as can be exercised in harmony with like freedom by others. In other
words, it is equal freedom, equal restraint. It is order and harmony.
Plato and Aristotle were right in teaching that order is an essential
element of justice.
Public-domain text, read in full here on John Shaqi.
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