The Greek Philosophers, Vol. 2 (of 2)Benn, Alfred William
Philosophy
The Greek Philosophers, Vol. 2 (of 2)
Benn, Alfred William
Philosophy, Ancient
With the Epicurean theory of Justice, the distortion, already
sufficiently obvious, is carried still further; although we must
frankly admit that it includes some _aperçus_ strikingly in advance of
all that had hitherto been written on the subject. Justice, according
to our philosopher, is neither an internal balance of the soul’s
faculties, nor a rule imposed by the will of the stronger, but a
mutual agreement to abstain from aggressions, varying from time to
time with the varying interests of society, and always determined by
considerations of general utility.[141] This is excellent: we miss,
indeed, the Stoic idea of a common humanity, embracing, underlying, and
transcending all particular contracts; but we have, in exchange, the
idea of a general interest equivalent to the sum of private interests,
together with the means necessary for their joint preservation; and
we have also the form under which the notion of justice originates,
though not the measure of its ultimate expansion, which is regard for
the general interest, even when we are not bound by any contract to
observe it. But when we go on to ask why contracts should be adhered
to, Epicurus has no reason to offer beyond dread of punishment. His
words, as translated by Mr. Wallace, are:—‘Injustice is not in itself
a bad thing, but only in the fear arising from anxiety on the part of
the wrong-doer that he will not always escape punishment.’[142] This
was evidently meant for a direct contradiction of Plato’s assertion,
that, apart from its penal consequences, injustice is a disease of the
soul, involving more mischief to the perpetrator than to the victim.
Mr. Wallace, however, takes a different view of his author’s meaning.
According to him,
If we interpret this doctrine, after the example of some of the
ancients, to mean that any wrong-doing would be innocent and good,
supposing it escaped detection, we shall probably be misconstruing
Epicurus. What he seems to allude to is rather the case of strictly
legal enactments, where, previously to law, the action need not
have been particularly moral or immoral; where, in fact, the common
agreement has established a rule which is not completely in harmony
with the ‘justice of nature.’ In short, Epicurus is protesting against
the conception of injustice, which makes it consist in disobedience
to political and social rules, imposed and enforced by public and
authoritative sanctions. He is protesting, in other words, against the
claims of the State upon the citizens for their complete obedience;
against the old ideas of the divine sanctity and majesty of law as
law; against theories like that maintained by contemporaries of
Socrates, that there could be no such thing as an unjust law.[143]
Public-domain text, read in full here on John Shaqi.
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