§ 5. It seems, then, that though Freedom is an object of keen and
general desire, and an important source of happiness, both in itself
and indirectly from the satisfaction of natural impulses which it
allows, the attempt to make it the fundamental notion of theoretical
Jurisprudence is attended with insuperable difficulties: and that even
the Natural Rights which it claims to cover cannot be brought under
it except in a very forced and arbitrary manner.[216] But further,
even if this were otherwise, an equal distribution of Freedom does not
seem to exhaust our notion of Justice. Ideal Justice, as we commonly
conceive it, seems to demand that not only Freedom but all other
benefits and burdens should be distributed, if not equally, at any
rate justly,--Justice in distribution being regarded as not identical
with Equality, but merely exclusive of arbitrary inequality.
How, then, shall we find the principle of this highest and most
comprehensive ideal?
We shall be led to it, I think, by referring again to one of the
grounds of obligation to render services, which was noticed in the
last chapter: the claim of Gratitude. It there appeared that we have
not only a natural impulse to requite benefits, but also a conviction
that such requital is a duty, and its omission blameworthy, to some
extent at least; though we find it difficult to define the extent.
Now it seems that when we, so to say, _universalise_ this impulse and
conviction, we get the element in the common view of Justice, which we
are now trying to define. For if we take the proposition ‘that good
done to any individual ought to be requited by him,’ and leave out
the relation to the individual in either term of the proposition, we
seem to have an equally strong conviction of the truth of the more
general statement ‘that good deeds ought to be requited.’[217] And
if we take into consideration all the different kinds and degrees of
services, upon the mutual exchange of which society is based, we get
the proposition ‘that men ought to be rewarded in proportion to their
deserts.’ And this would be commonly held to be the true and simple
principle of distribution in any case where there are no claims arising
from Contract or Custom to modify its operation.
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