=Justice and Sympathy or Love.=--The most significant questions
regarding justice are as to its connection with love and with
condemnation and punishment. It is a common notion that justice is harsh
or hard in its workings and that it requires to be supplemented, if not
replaced, by mercy. Taken literally this would mean that justice is not
just in its workings. The truth contained is that what is frequently
regarded as justice is not justice, but an imperfect substitute for it.
When a legal type of morality is current, justice is regarded as the
working of some fixed and abstract law; it is the law as law which is to
be reverenced; it is law as law whose majesty is to be vindicated. It is
forgotten that the nobility and dignity of law are due to the place of
law in securing the order involved in the realization of human
happiness. Then the law instead of being a servant of the good is put
arbitrarily above it, as if man was made for law, not law for man. The
result is inevitably harshness; indispensable factors of happiness are
ruthlessly slighted, or ruled out; the loveliness and grace of behavior
responding freely and flexibly to the requirements of unique situations
are stiffened into uniformity. The formula _summum jus summa injuria_
expresses the outcome when abstract law is insisted upon without
reference to the needs of concrete cases. Under such conditions, there
arises a demand for tempering the sternness of justice with mercy, and
supplementing the severity of law with grace. This demand means that the
neglected human values shall be restored into the idea of what is just.
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