="Social Justice."=--Our own time has seen a generous quickening of the
idea of social justice due to the growth of love, or philanthropy, as a
working social motive. In the older scheme of morals, justice was
supposed to meet all the necessary requirements of virtue; charity was
doing good in ways not obligatory or strictly exacted. Hence it was a
source of peculiar merit in the doer, a means of storing up a surplus of
virtue to offset vice. But a more generous sense of inherent social
relationships binding the aims of all into one comprehensive good, which
is the result of increase of human intercourse, democratic institutions,
and biological science, has made men recognize that the greater part of
the sufferings and miseries which afford on the part of a few the
opportunity for charity (and hence superior merit), are really social
inequities, due to causes which may be remedied. That justice requires
radical improvement of these conditions displaces the notion that their
effects may be here and there palliated by the voluntary merit of
morally superior individuals. The change illustrates, on a wide scale,
the transformation of the conception of justice so that it joins hands
with love and sympathy. That human nature should have justice done it
under all circumstances is an infinitely complicated and difficult
requirement, and only a vision of the capacities and accomplishments of
human beings rooted in affection and sympathy can perceive and execute
justly.
=Transformation of Punitive Justice.=--The conception of punitive or
corrective justice is undergoing the same transformation. Aristotle
stated the rule of equity in the case of wrongdoing as an arithmetical
requital: the individual was to suffer according to his deed. Later,
through conjunction with the idea of a divine judge inflicting
retribution upon the sinner, this notion passed into the belief that
punishment is a form of justice restoring the balance of disturbed law
by inflicting suffering upon the one who has done wrong. The end and aim
of punishment was retribution, bringing back to the agent the evil
consequences of his own deed. That punishment is suffering, that it
inevitably involves pain to the guilty one, there can be no question;
this, whether the punishment is externally inflicted or is in the pangs
of conscience, and whether administered by parent, teacher, or civil
authority. But that suffering is for the sake of suffering, or that
suffering can in any way restore or affect the violated majesty of law,
is a different matter.
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