Similar difficulties arise, as
was before hinted (p. 282), in determining the limits within which
Reparation is due; that is, on the view that it is not incumbent on us
to make compensation for all harm caused by our muscular actions, but
only for harm which--if not intentional--was due to our rashness or
negligence.
The results of this examination of Justice may be summed up as
follows. The prominent element in Justice as ordinarily conceived
is a kind of Equality: that is, Impartiality in the observance or
enforcement of certain general rules allotting good or evil to
individuals. But when we have clearly distinguished this element,
we see that the definition of the virtue required for practical
guidance is left obviously incomplete. Inquiring further for the
right general principles of distribution, we find that our common
notion of Justice includes--besides the principle of Reparation for
injury--two quite distinct and divergent elements. The one, which we
may call Conservative Justice, is realised (1) in the observance of
Law and Contracts and definite understandings, and in the enforcement
of such penalties for the violation of these as have been legally
determined and announced; and (2) in the fulfilment of natural and
normal expectations. This latter obligation, however, is of a somewhat
indefinite kind. But the other element, which we have called Ideal
Justice, is still more difficult to define; for there seem to be
two quite distinct conceptions of it, embodied respectively in what
we have called the Individualistic and the Socialistic Ideals of a
political community. The first of these takes the realisation of
Freedom as the ultimate end and standard of right social relations:
but on examining it closer we find that the notion of Freedom will
not give a practicable basis for social construction without certain
arbitrary[230] definitions and limitations: and even if we admit these,
still a society in which Freedom is realised as far as is feasible does
not completely suit our sense of Justice. _Prima facie_, this is more
satisfied by the Socialistic Ideal of Distribution, founded on the
principle of requiting Desert: but when we try to make this principle
precise, we find ourselves again involved in grave difficulties; and
similar perplexities beset the working out of rules of Criminal Justice
on the same principle.
FOOTNOTES:
[204] How far an independent principle of Justice is required for the
Utilitarian method will be hereafter considered. (Book iv. chap. i.)
Public-domain text, read in full here on John Shaqi.
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