Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
precepts of justice require the state to furnish opportunities, nor
even to establish equality of opportunity, but only equality of right
to take advantage of opportunity. It is a saying, but not a fact, that
opportunity knocks once at every man's door. Nature does not bring
opportunities, much less equal opportunities, to men's doors. It
requires men to go out and search for opportunities, or at least to be
on the watch for them, as it requires men to search or watch for other
things they desire; and he of the quickest perception and most
farsighted will soonest see them, and when seen he does not feel any
obligation to share them with others less vigilant or even less
fortunate. Society does not support its members, they support it and
must support it and themselves by their own exertions, find their own
place, find employment for themselves, so far as the precepts of
justice are concerned.
However prevalent the sentiment that more than equality of right to
use his opportunities is due to any one, it is not an instinctive
sentiment. The contrary is the fact. Unless we are dominated by some
other sentiment than justice, we instinctively yield assent to
Aristotle's proposition that the prize flute should be awarded to the
best flute player whether opulent or indigent, literate or illiterate,
citizen or slave. A group of small children exploring the fields and
woods for wild flowers will concede to each what flowers he finds
whether by his better eyes or better luck. So with groups of small
boys fishing in the streams and brooks. In games of cards for stakes,
the players do not expect to hold cards of equal value and they
concede the stakes to the winner, whether won by his greater skill or
superior cards.
Also there is an instinctive sentiment that the evil results of one's
own conduct should be borne by him alone. If one suffers loss through
his own misjudgment, incapacity, or want of care, then, whatever the
precepts of other virtues may require, we do not feel that justice
requires us to bear any part of that loss. On the contrary, we feel
instinctively that he should bear the loss alone, that it is the
natural penalty for his lack of judgment, capacity, or care. If my
neighbor neglects to insure his house and loses it by fire, I see no
reason why he should not bear the loss alone.
Public-domain text, read in full here on John Shaqi.
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