Justice is based on positive respect for the individuality of others,
but its commands may all be expressed in the negative form: Do not kill,
do not infringe the liberty, the property of others, do not slander, do
not lie, etc. It is often held, however, that there is a positive as
well as a negative side to justice, and the two sides are respectively
expressed in the formulas: Neminem laede and suum cuique--Hurt no one
and give every one his due. Of positive or distributive justice we meet
with such examples as the following: In awarding a prize the jury is
bound in justice to give the award in favor of the most deserving
competitor. The head of a department in filling a vacancy is bound in
justice to avoid favoritism, to promote that one of his subordinates who
deserves promotion, etc. But it seems to me that this distinction is
unimportant. Give to each one his due is tantamount to Do not deprive
any one of what is due him. If the prize or the place belongs to A we
should, by withholding it from him, invade the rights of A as much as
if we took money out of his purse. The commands are negative, but the
virtue implied is positive enough, because it depends on positive
respect for human nature. Do not infringe upon the sacred territory of
another's personality is the rule of justice in all cases.
CHARITY.--How shall we distinguish charity from justice? It is said that
every one is justified in claiming from others what belongs to him as a
matter of right, but that no one can exact charity. The characteristic
mark of charity is supposed to be that it is freely given. But if I
happen to be rich and can afford to supply the need of another am I not
morally bound to do so, and has not my indigent neighbor a real claim
upon me? Again, it has been said that the term justice is applied to
claims which are capable of being formulated in general rules and
imposed alike on all men in their dealings with one another, while in
the case of charity both the measure and the object of it are to be
freely determined by each one. We are free, according to this view, to
decide whether a claim upon us exists or not; but, the claim once having
been admitted, it is as binding upon us as any of the demands of
justice. But, while this is true, I hold that nevertheless there exists
a clear distinction between the virtues of justice and charity. We owe
justice to our equals, charity to our inferiors. The word "inferior" is
to be understood in a carefully limited sense. An employer owes his
workmen, as a matter of justice, the wages he has agreed to pay. Though
they may be socially his inferiors, in regard to this transaction they
are his equals. They have agreed to render him certain services and he
has agreed to return them an equivalent.
Justice says Do not hinder the development of others; Charity says
Assist the development of others. The application of the rule of charity
will make its meaning clear.
Public-domain text, read in full here on John Shaqi.
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