This line of reflection therefore has landed us in a real perplexity
respecting the department of duty which we are at present examining.
Justice is something that we conceive to be intrinsically capable of
perfectly definite determination: a scrupulously just man, we think,
must be very exact and precise in his conduct. But when we consider
that part of Justice which consists in satisfying such natural
and customary claims as arise independently of contract, it seems
impossible to estimate these claims with any exactness. The attempt to
map out the region of Justice reveals to us a sort of margin or dim
borderland, tenanted by expectations which are not quite claims and
with regard to which we do not feel sure whether Justice does or does
not require us to satisfy them. For the ordinary actions of men proceed
on the expectation that the future will resemble the past: hence it
seems natural to expect that any particular man will do as others do
in similar circumstances, and, still more, that he will continue to do
whatever he has hitherto been in the habit of doing; accordingly his
fellow-men are inclined to think themselves wronged by his suddenly
omitting any customary or habitual act, if the omission causes them
loss or inconvenience.[209] On the other hand, if a man has given no
pledge to maintain a custom or habit, it seems hard that he should be
bound by the unwarranted expectations of others. In this perplexity,
common sense often appears to decide differently cases similar in
all respects, except in the quantity of disappointment caused by the
change. For instance, if a poor man were to leave one tradesman and
deal with another because the first had turned Quaker, we should hardly
call it an act of injustice, however unreasonable we might think it:
but if a rich country gentleman were to act similarly towards a poor
neighbour, many persons would say that it was unjust persecution.
The difficulty just pointed out extends equally to the duties of
kindness--even to the specially stringent and sacred duties of the
domestic affections and gratitude--discussed in the previous chapter.
We cannot get any new principle for settling any conflict that may
present itself among such duties, by asking ‘what Justice requires of
us’: the application of the notion of Justice only leads us to view
the problem in a new aspect as a question of the right _distribution_
of kind services--it does not help us to solve it. Had we clear and
precise intuitive principles for determining the claims (_e.g._) of
parents on children, children on parents, benefactors on the recipients
of their benefits, we might say exactly at what point or to what
extent the satisfaction of one of these claims ought in justice to
be postponed to the satisfaction of another, or to any worthy aim of
a different kind: but I know no method of determining a problem of
this kind which is not either implicitly utilitarian, or arbitrarily
dogmatic, and unsupported by Common Sense.
Public-domain text, read in full here on John Shaqi.
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