with trying to reward voluntary actions in proportion to the worth of
the services intentionally rendered by them.
If, then, we take as the principle of ideal justice, so far as this can
be practically aimed at in human society, the requital of voluntary
services in proportion to their worth, it remains to consider on what
principle or principles the comparative worth of different services is
to be rationally estimated. There is no doubt that we commonly assume
such an estimate to be possible; for we continually speak of the ‘fair’
or ‘proper’ price of any kind of services as something generally known,
and condemn the demand for more than this as extortionate. It may be
said that the notion of Fairness or Equity which we ordinarily apply
in such judgments is to be distinguished from that of Justice; Equity
being in fact often contrasted with strict Justice, and conceived as
capable of coming into collision with it. And this is partly true:
but I think the wider and no less usual sense of the term Justice,
in which it includes Equity or Fairness, is the only one that can be
conveniently adopted in an ethical treatise: for in any case where
Equity comes into conflict with strict justice, its dictates are
held to be in a higher sense just, and what ought to be ultimately
carried into effect in the case considered--though not, perhaps, by
the administrators of law. I treat Equity, therefore, as a species of
Justice; though noting that the former term is more ordinarily used
in cases where the definiteness attainable is recognised as somewhat
less than in ordinary cases of rightful claims arising out of law or
contract. On what principle, then, can we determine the “fair” or
“equitable” price of services? When we examine the common judgments
of practical persons in which this judgment occurs, we find, I think,
that the ‘fair’ in such cases is ascertained by a reference to analogy
and custom, and that any service is considered to be ‘fairly worth’
what is usually given for services of the kind. Hence this element
of the notion of Justice may seem, after all, to resolve itself into
that discussed in § 2: and in some states of society it certainly
appears that the payment to be given for services is as completely
fixed by usage as any other customary duty, so that it would be a clear
disappointment of normal expectation to deviate from this usage. But
probably no one in a modern civilised community would maintain in its
full breadth this identification of the Just with the Usual price of
services: and so far as the judgments of practical persons may seem
to imply this, I think it must be admitted that they are superficial
or merely inadvertent, and ignore the established mode of determining
the market prices of commodities by free competition of producers and
traders. For where such competition operates the market value rises
and falls, and is different at different places and times; so that no
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