§ 2. Perhaps we shall find it easier to answer this question, if we
examine the notion of Justice as applied to that part of private
conduct which lies beyond the sphere of law. Here, again, we may
observe that the notion of Justice always involves allotment of
something considered as advantageous or disadvantageous: whether it be
money or other material means of happiness; or praise, or affection,
or other immaterial good, or some merited pain or loss. Hence I should
answer the question raised in the preceding chapter (§ 3), as to
the classification of the duties there discussed under the heads of
Justice and Benevolence respectively, by saying that the fulfilment of
any duty of the affections, considered by itself, does not exemplify
Justice: but that when we come to compare the obligations arising
out of different affectionate relations, and to consider the right
allotment of love and kind services, the notion of Justice becomes
applicable. In order to arrange this allotment properly we have to
inquire what is Just. What then do we mean by a just man in matters
where law-observance does not enter? It is natural to reply that we
mean an impartial man, one who seeks with equal care to satisfy all
claims which he recognises as valid and does not let himself be unduly
influenced by personal preferences. And this seems an adequate account
of the virtue of justice so far as we consider it merely subjectively,
and independently of the intellectual insight required for the
realisation of objective justice in action: if we neglect to give due
consideration to any claim which we regard as reasonable, our action
cannot be just in intention. This definition suffices to exclude wilful
injustice: but it is obvious that it does not give us a sufficient
criterion of just acts, any more than the absence of arbitrary
inequality was found to be a sufficient criterion of just laws.[208] We
want to know what are reasonable claims.
Well, of these the most important--apart from the claims discussed in
the preceding chapter--seems to be that resulting from contract. This
is to a certain extent enforced by law: but it is clear to us that a
just man will keep engagements generally, even when there may be no
legal penalty attached to their violation. The exact definition of this
duty, and its commonly admitted qualifications, will be discussed in
the next chapter: but of its general bindingness Common Sense has no
doubt.
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