[205] Aristotle, in expounding the virtue of Δικαιοσύνη, which
corresponds to our Justice, notices that the word has two meanings; in
the wider of which it includes in a manner all Virtue, or at any rate
the social side or aspect of Virtue generally. The word ‘Justice’ does
not appear to be used in English in this comprehensive manner (except
occasionally in religious writings, from the influence of the Greek
word as used in the New Testament): although the verb “to justify”
seems to have this width of meaning; for when I say that one is
“justified” in doing so and so, I mean no more than that such conduct
is right for him. In the present discussion, at any rate, I have
confined myself to the more precise signification of the term.
[206] I ought to say that, in my view, this only applies to taxes
in the narrower sense in which they are distinguished from payments
for services received by individuals from Government. In the case of
these latter, I conceive that Justice is rather held to lie in duly
proportioning payment to amount of service received. Some persons have
held that all payments made to Government ought to be determined on
this principle: and this view seems to me to be consistent with the
individualistic ideal of political order, which I shall presently
examine: but, as I have elsewhere tried to show (_Princ. of Pol.
Econ._ Book iii. chap. viii.), there is an important department of
Governmental expenditure to which this principle is not applicable.
[207] It may be well to notice a case in which the very equality of
application, which is, as has been said, implied in the mere idea of a
law couched in general terms, is felt to be unjust. This is the case
where the words of a statute, either from being carelessly drawn, or on
account of the inevitable defects of even the most precise terminology,
include (or exclude) persons and circumstances which are clearly not
included in (or excluded from) the real intent and purpose of the law.
In this case a particular decision, strictly in accordance with a law
which generally considered is just, may cause extreme injustice: and so
the difference between actual Law and Justice is sharply brought out.
Still we cannot in this way obtain principles for judging generally of
the justice of laws.
[208] It should be observed that we cannot even say, in treating of
the private conduct of individuals, that _all_ arbitrary inequality
is recognised as unjust: it would not be commonly thought unjust in a
rich bachelor with no near relatives to leave the bulk of his property
in providing pensions exclusively for indigent red-haired men, however
unreasonable and capricious the choice might appear.
[209] It may be observed that sometimes claims generated in this way
have legal validity; as when a right of way is established without
express permission of the landowner, merely by his continued indulgence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account