In the first place, it must be noticed that an ideal constitution
of society may be conceived and sought with many other ends in view
besides the right distribution of good and evil among the individuals
that compose it: as (_e.g._) with a view to conquest and success in
war, or to the development of industry and commerce, or to the highest
possible cultivation of the arts and sciences. But any such political
ideal as this is beyond the range of our present consideration, as it
is not constructed on the basis of our common notion of Justice. Our
present question is, Are there any clear principles from which we may
work out an ideally just distribution of rights and privileges, burdens
and pains, among human beings as such? There is a wide-spread view,
that in order to make society just certain Natural Rights should be
conceded to all members of the community, and that positive law should
at least embody and protect these, whatever other regulations it may
contain: but it is difficult to find in Common Sense any definite
agreement in the enumeration of these Natural Rights, still less any
clear principles from which they can be systematically deduced.
§ 4. There is, however, one mode of systematising these Rights
and bringing them under one principle, which has been maintained
by influential thinkers; and which, though now perhaps somewhat
antiquated, is still sufficiently current to deserve careful
examination. It has been held that Freedom from interference is
really the whole of what human beings, originally and apart from
contracts, can be strictly said to _owe_ to each other: at any rate,
that the protection of this Freedom (including the enforcement of
Free Contract) is the sole proper aim of Law, _i.e._ of those rules
of mutual behaviour which are maintained by penalties inflicted
under the authority of Government. All natural Rights, on this view,
may be summed up in the Right to Freedom; so that the complete and
universal establishment of this Right would be the complete realisation
of Justice,--the Equality at which Justice is thought to aim being
interpreted as Equality of Freedom.
Now when I contemplate this as an abstract formula, though I cannot say
that it is self-evident to me as the true fundamental principle of
Ideal Law, I admit that it commends itself much to my mind; and I might
perhaps persuade myself that it is owing to the defect of my faculty
of moral (or jural) intuition that I fail to see its self-evidence.
But when I endeavour to bring it into closer relation to the actual
circumstances of human society, it soon comes to wear a different
aspect.
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