[225] No doubt, it would be possible to remove, to some extent, the
inequalities that are attributable to circumstances, by bringing the
best education within the reach of all classes, so that all children
might have an equal opportunity of being selected and trained for
any functions for which they seemed to be fit: and this seems to be
prescribed by ideal justice, in so far as it removes or mitigates
arbitrary inequality. Accordingly in those ideal reconstructions of
society, in which we may expect to find men’s notions of abstract
justice exhibited, such an institution as this has generally found a
place. Still, there will be much natural inequality which we cannot
remove or even estimate.
[226] Cf. _post_, Book iv. chap. iii. § 4.
[227] It is not perhaps necessary that I should here enlarge on the
_practical_ obstacles in the way of any attempt to realise such an
ideal system.
[228] I have already expressed my opinion that this Utilitarian view of
punishment is gradually tending to prevail; but I do not think that it
has yet prevailed.
[229] Of course those who hold that the essence of Justice consists in
securing external Freedom among the members of a community, and that
punishment is only justified as a means to this end, naturally think
that in awarding punishment we ought to consider merely its efficacy as
such means. But this can scarcely be put forward as an interpretation
of the common notion of Just Punishment.
[230] By ‘arbitrary’ I mean such definitions and limitations as destroy
the self-evidence of the principle; and, when closely examined, lead us
to regard it as subordinate.
CHAPTER VI
LAWS AND PROMISES
§ 1. In the discussion of Justice the moral obligations of obedience to
Law and observance of Contract have been included, and have, indeed,
appeared to be the most definite part of the complex system of private
duties commonly included under that term. At the same time, as we have
seen, there are some laws, the violation of which does not interfere
with the rights of others, and therefore has not the characteristics of
an act of Injustice. While again, the duty of Fidelity to promises is
also commonly conceived as independent of any injury that might be done
to the promisee by breaking it: for (_e.g._) men ordinarily judge that
promises to the dead, though they are beyond the reach of injury, ought
to be kept: indeed, some would regard them as even more sacred than
promises made to the living. It seems therefore desirable to examine
the propositions ‘that Law ought to be obeyed’ and ‘that promises ought
to be kept,’ considered as independent principles.
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