This kind of Justice, as has been said, seems like Gratitude
universalised: and the same principle applied to punishment may
similarly be regarded as Resentment universalised; though the parallel
is incomplete, if we are considering the present state of our moral
conceptions. History shows us a time in which it was thought not only
as natural, but as clearly right and incumbent on a man, to requite
injuries as to repay benefits: but as moral reflection developed in
Europe this notion was repudiated, so that Plato taught that it could
never be right really to harm any one, however he may have harmed us.
And this is the accepted doctrine in Christian societies, as regards
requital by individuals of personal wrongs. But in its universalised
form the old conviction still lingers in the popular view of Criminal
Justice: it seems still to be widely held that Justice requires pain
to be inflicted on a man who has done wrong, even if no benefit result
either to him or to others from the pain. Personally, I am so far from
holding this view that I have an instinctive and strong moral aversion
to it: and I hesitate to attribute it to Common Sense, since I think
that it is gradually passing away from the moral consciousness of
educated persons in the most advanced communities: but I think it is
still perhaps the more ordinary view.
This, then, is one element of what Aristotle calls Corrective Justice,
which is embodied in criminal law. It must not be confounded with
the principle of Reparation, on which legal awards of damages are
based. We have already noticed this as a simple deduction from the
maxim of general Benevolence, which forbids us to do harm to our
fellow-creatures: for if we have harmed them, we can yet approximately
obey the maxim by giving compensation for the harm. Though here the
question arises whether we are bound to make reparation for harm that
has been quite blamelessly caused: and it is not easy to answer it
decisively.[219] On the whole, I think we should condemn a man who
did not offer some reparation for any serious injury caused by him to
another--even if quite involuntarily caused, and without negligence:
but perhaps we regard this rather as a duty of Benevolence--arising
out of the general sympathy that each ought to have for others,
intensified by this special occasion--than as a duty of strict Justice.
If, however, we limit the requirement of Reparation, under the head
of strict Justice, to cases in which the mischief repaired is due to
acts or omissions in some degree culpable, a difficulty arises from
the divergence between the moral view of culpability, and that which
social security requires. Of this I will speak presently.[220] In any
case there is now[221] no danger of confusion or collision between
the principle of Reparative and that of Retributive Justice, as the
one is manifestly concerned with the claims of the injured party, and
the other with the deserts of the wrongdoer: though in the actual
Public-domain text, read in full here on John Shaqi.
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