Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
Six centuries later Addison, famed as a clear thinker and writer,
thus wrote of justice: "There is no virtue so truly great and godlike
as justice.... Omniscience and omnipotence are requisites for the full
exercise of it." Almost in our own time Daniel Webster, called in his
day the great expounder and even now reckoned among the greatest of
men intellectually, in his eulogy upon Justice Story thus
apostrophized justice: "Justice is the great interest of man on earth.
It is the ligament which holds civilized beings and civilized nations
together. Wherever her temple stands and so long as it is duly
honored, there is a foundation for social security, general happiness,
and the improvement and progress of our race." Perhaps, however, none
of these laudations is so vividly impressive as is the pithy remark of
an old English judge that "injustice cuts to the bone."
But what is this justice, declared to be so great a virtue, so
ineffable, so supremely important? I have said we feel certain of some
attributes of truth. Do we know or can we know anything certain about
justice? Is it something above and apart from the will of men, or is
it simply a matter of convention among men? Is it immutable, or does
its nature change with changing times and conditions? If mutable, does
it change of itself or do men change it? Is it universal or local, the
same everywhere or is it different in different localities? Is it the
same for all men and races of men or does it differ according to
classes and races? Again, is it single or diverse in its nature? Is
there more than one kind of justice? We hear of natural justice,
social justice, industrial justice, political justice. What do they
who use those terms mean by them? Do nature, society, industry,
politics, each have a different criterion? Still again, and briefly,
is justice an inexorable law like the law of gravitation or can its
operation have exceptions? Is it simply a quality of action or
conduct, or, as stated by Ulpian, is it a disposition or state of
mind? Finally, is it a reality or, as Falstaff said of honor, is it
after all "a word," "a mere scutcheon?"
I am not so presumptuous as to venture an answer to any of these
questions except perhaps the last. As to that, I appeal to our
consciousness, to our innate conviction that there does exist
something, some virtue, some sentiment, however undefinable in terms,
holding men together in society despite their natural selfishness, and
without which they would fall apart. It is this virtue, this ligament
of society, that we call justice. We feel that the word is not a mere
word, but that it connotes a vital reality in human relationship. If
this reality be ignored, men cannot be held together in any society.
Public-domain text, read in full here on John Shaqi.
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