It will now be seen that =injustice= or =wrong= always
consists in =working harm= on another. Therefore the conception of
wrong is =positive=, and antecedent to the conception of right,
which is =negative=, and simply denotes the actions performable
without injury to others; in other words, without wrong being done.
That to this class belongs also whatever is effected with no other
object than that of warding off from oneself meditated mischief is
an easy inference. For no participation in another's interests, and
no sympathy for him, can require me to let myself be harmed by him,
that is, to undergo wrong. The theory that right is negative, in
contradistinction to wrong as positive, we find supported by Hugo
Grotius, the father of philosophical jurisprudence. The definition of
justice which he gives at the beginning of his work, _De Jure Belli et
Pacis_ (Bk. I., chap. 1., § 3), runs as follows:--_Jus hic nihil aliud,
quam quod justum est, significant, idque negante magis sensu, quam
aiente, ut jus sit, quod injustum non est._[4] The negative character
of justice is also established, little as it may appear, even by the
familiar formula: "Give to each one his own." Now, there is no need
to give a man his own, if he has it. The real meaning is therefore:
"Take from none his own." Since the requirements of justice are only
negative, they may be effected by coercion; for the _Neminem laede_
can be practised by all alike. The coercive apparatus is the state,
whose sole _raison d'être_ is to protect its subjects, individually
from each other, and collectively from external foes. It is true that
a few German would-be philosophers of this venal age wish to distort
the state into an institution for the spread of morality, education,
and edifying instruction. But such a view contains, lurking in the
background, the Jesuitical aim of doing away with personal freedom
and individual development, and of making men mere wheels in a huge
Chinese governmental and religious machine. And this is the road that
once led to Inquisitions, to Autos-da-fé, and religious wars. Frederick
the Great showed that he at least never wished to tread it, when he
said: "In my land every one shall care for his own salvation, as he
himself thinks best." Nevertheless, we still see everywhere (with the
more apparent than real exception of North America) that the state
undertakes to provide for the metaphysical needs of its members. The
governments appear to have adopted as their guiding principle the tenet
of Quintus Curtius: _Nulla res efficacius multitudinem regit, quam
superstitio: alioquin impotens, saeva, mutabilis; ubi vana religione
capta est, melius vatibus, quam ducibus suis paret._[5]
Public-domain text, read in full here on John Shaqi.
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