Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
In this connection, perhaps I should not omit to notice references
often made to the rights of labor, the rights of capital, property
rights, and personal rights, as if they were different in their nature
and importance. I do not as yet see such difference. All rights are
personal rights, and the right of each to control his labor, his
savings, his person, and his property is the same. I am not yet
convinced that the right of the laborer to make use of his labor is
superior to that of the capitalist to make use of his capital; that,
whatever his greater need, the right of one without property is
superior to that of one who has property; that the right to get is
superior to the right to save. It is also loudly proclaimed that
"property rights" are of little importance compared with "human
rights," unmindful of the truth that the right "of acquiring,
possessing and defending property" is, as much as any other, a human
right and, as such, necessary to be maintained if the race is to rise
above its primitive condition of poverty. However, I do not see that
the differences, if any, affect the general question of individual
rights.
The conclusion I arrive at is this: Society, and with it the race,
cannot survive unless it restrains to some extent individual freedom
of action, nor can any particular society long survive if it carry
that restraint too far. It should, therefore, ascertain and maintain
the line, the equilibrium, between necessary freedom and necessary
restraint. It is only by such action of society that justice can be
established and the welfare of the race be advanced. This brings us to
the question of how and by what instrumentalities society can best
perform this momentous task, the securing of justice. This will be
considered in the next chapter.
CHAPTER V
JUSTICE CAN BE SECURED ONLY THROUGH GOVERNMENTAL ACTION. THE BEST
FORM OF GOVERNMENT
In the present state of civilization society cannot act effectively
for determining and maintaining the line, the equilibrium, between
necessary freedom and necessary restraint, or in short, justice,
except through some governmental organization with power to define and
enforce. Appeals to altruistic sentiments will not suffice. This truth
was recognized by the framers of our federal and many state
constitutions, in naming first among the purposes of government the
establishment of justice.
Public-domain text, read in full here on John Shaqi.
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