The full development of the sentiment of justice has been the work of
many centuries. At first, when the community is small and nomad, the
idea that a stranger has a right to justice is incomprehensible. Even
when with the growth of civilisation provision is made for according
foreign merchants and others some protection from the law, the idea that
the stranger has the same right to justice as the citizen is neither
admitted by law nor entertained as a speculation. Indeed, the law,
modest though it be, may be in advance of public opinion and of the
practice of officials--witness the extortions practised by Roman
governors on the Roman provinces. Eventually, however, public opinion
outstrips the law and pronounces that even the colour of a man's skin
cannot bar his claims to justice, and that the inhabitants of a country,
though they be aborigines, have some rights in it. Finally comes
philosophy and pronounces justice, absolute and stern, the one thing
needful, the one and only duty which it is within the sphere and
function of government to maintain.
Unfortunately for the philosophy which maintains this view, it happens
that, just when the authority of justice is admitted by the conscience
of civilisation to be paramount, justice as an ideal is recognised to be
neither capable of realisation nor absolutely desirable. It is obvious
that in the best-regulated even of free communities the amount of
justice which can be secured by the action of the law and the
intervention of the State falls very far short of the ideal; and the
multiplication of laws and State inquisitors, which would be necessary
if every form of injustice and wrong-doing were to be punished by the
State, would be a remedy, if indeed it were a remedy, worse than the
disease. It is impossible to pretend to believe that wealth is
distributed according to merit in any existing community, or that any
governmental system, even if designed solely with that end in view,
could ever determine what a man's merits were, or what his reward should
be. Nor is the ill distribution of wealth the only factor of injustice,
though it is the only factor with which the State could make pretence to
deal: sickness and sorrow, grief and pain--nay, the very capacity for
suffering and for joy--are dealt to different men in very different
measure. It is plain matter of fact that earthly goods and pleasures are
not distributed according to merit; and it is just when man's conquest
of Nature has become most complete, when society is no longer struggling
for a bare subsistence, when the demand for justice is most fully and
unreservedly admitted, that the impossibility of meeting the demand and
the danger of failing to meet it become most manifest. The poverty which
accompanies progress may in one generation be less than it was in the
previous generation, but the extremes of poverty and wealth grow daily
wider apart, and the number of those who are poor increases in a growing
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