Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
4. _General_, or _legal, justice_ is not the cardinal virtue so
called, but is in one point of view identical with all virtue.
Distinguished from the other three cardinal virtues is _particular
justice_, which is divided into _distributive_ and _commutative
justice_. _Distributive justice_ is exercised by the community through
its head towards its individual members, so that there be a fair
distribution of the common goods, in varying amount and manner,
according to the various merits and deserts of the several recipients.
The matters distributed are public emoluments and honours, public
burdens, rewards, and also punishments. _Distributive justice_ is the
virtue of the king and of the statesman, of the commander-in-chief, of
the judge, and of the public functionary generally. It is violated by
favouritism, partiality, and jobbery. _Distributive justice_ is the
Justice that we adore in the great Governor of the Universe, saying
that He is "just in all His works," even though we understand them
not. When it takes the form of punishing, it is called _vindictive
justice_. This is what the multitudes clamoured for, that filled the
precincts of the Palace of Whitehall in the days of Charles I. with
cries of Justice, Justice, for the head of Strafford.
5. Neither legal nor distributive justice fully answers to the
definition of that virtue. Justice disposes us to give _to another his
own_. The party towards whom Justice is practised must be wholly other
and different from him who practises it. But it is clear that the
member of a civil community is not wholly other and different from the
State: he is partially identified with the civil community to which he
belongs. Therefore neither the tribute of _legal justice_ paid by the
individual to the State, nor the grant of _distributive justice_ from
the State to the individual, is an exercise of Justice in the
strictest sense. Again, what the individual pays to the State because
he is legally bound to pay it, does not become the _State's own_ until
after payment. If he withhold it, though he do wrong, yet he is not
said to be keeping any portion of the public property in his private
hands: he only fails to make some of his private property public,
which the law bids him abdicate and make over. If this be true of
money and goods, it is still more evidently true of honour and
services. In like manner, in the matter of _distributive justice_, the
emoluments which a subject has a claim to, the rewards which he has
merited of the State, does not become _his_ till he actually gets them
into his hands. It may be unfair and immoral that they are withheld
from him, and in that case, so long as the circumstances remain the
same, the obligation rest with and presses upon the State, and those
who represent it, to satisfy his claim: still the State is not keeping
the individual from that which is as yet his own. In the language of
the Roman lawyers, he has at best a _jus ad rem_, a right that the
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