Before making the attempt, it may be as well to remind the reader what
it is that we have to do. We have not to inquire into the derivation
of the notion of Justice, as we are not now studying the history of
our ethical thought, but its actual condition. Nor can we profess to
furnish a definition which will correspond to every part of the common
usage of the term; for many persons are undoubtedly vague and loose in
their application of current moral notions. But it is an assumption of
the Intuitional method[204] that the term ‘justice’ denotes a quality
which it is ultimately desirable to realise in the conduct and social
relations of men; and that a definition may be given of this which
will be accepted by all competent judges as presenting, in a clear
and explicit form, what they have always meant by the term, though
perhaps implicitly and vaguely. In seeking such a definition we may, so
to speak, clip the ragged edge of common usage, but we must not make
excision of any considerable portion.[205]
Perhaps the first point that strikes us when we reflect upon our
notion of Justice is its connexion with Law. There is no doubt that
just conduct is to a great extent determined by Law, and in certain
applications the two terms seem interchangeable. Thus we speak
indifferently of ‘Law Courts’ and ‘Courts of Justice,’ and when a
private citizen demands Justice, or his just rights, he commonly means
to demand that Law should be carried into effect. Still reflection
shows that we do not mean by Justice merely conformity to Law. For,
first, we do not always call the violators of law unjust, but only of
some Laws: not, for example, duellists or gamblers. And secondly, we
often judge that Law as it exists does not completely realise Justice;
our notion of Justice furnishes a standard with which we compare actual
laws, and pronounce them just or unjust. And, thirdly, there is a part
of just conduct which lies outside the sphere even of Law as it ought
to be; for example, we think that a father may be just or unjust to his
children in matters where the law leaves (and ought to leave) him free.
We must then distinguish Justice from what has been called the virtue
or duty of Order, or Law-observance: and perhaps, if we examine the
points of divergence just mentioned, we shall be led to the true
definition of Justice.
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