“Your health, Monsieur l’Abbé,” said the beadle. “Your wine is good,
but your arguments are worthless. Justice, I repeat, is the more
equitable the more useful it is, and this usefulness itself, which, you
say, is in its origin and foundation, should make it appear to you as
august and sacred. But you must acknowledge that the essence of justice
is to be _just_, as the word implies?”
“Monsieur,” said my good master, “when we have called beauty beautiful,
truth true, and justice just, we shall have said nothing at all. Your
Ulpian, who spoke with precision, asserted that justice is the firm
and perpetual desire to attribute to each what belongs to him, and
that laws are just when they sanction this desire. The misfortune
is, that men have nothing of their own, and thus the equity of law
does but guarantee to them the fruit of their inherited, or recent,
rapine. They resemble those childish agreements wherein after having
won some marbles, the winners say to those who wish to win them back
again, ‘That is not fair play.’ The sagacity of judges limits itself to
differentiating between usurpations which are not fair play and those
which were agreed upon in starting, and this distinction is equally
childish and thin. Above all, it is arbitrary. The strapping young
woman who at this very moment is hanging at the end of a hempen rope,
had stolen, you say, a lace head-dress from Councillor Josse’s wife.
But on what do you found your belief that this head-dress belonged
to Councillor Josse’s wife? You will tell me that she bought it with
her own money, or found it in her wedding-chest, or received it from
some lover—all good ways of acquiring lace. But however she may have
acquired it I merely see that she had the enjoyment of it, as one of
those gifts of fortune one finds, or loses perchance, and over which
one has no natural right. Nevertheless, I own that the lappets belonged
to her conformably to the rules of this game of possession, which
human society can play as children play at hop-scotch. She valued her
lappets, and in fact she had no less right to them than any other. Well
and good. It was justice to return them to her, but without putting
such a high price on them that for two wretched lappets of _point
d’Alençon_ a human creature should be destroyed.”
“Monsieur,” said the little official, “you keep in view but one side of
the justice of the matter. It was not enough to do right by Councillor
Josse’s wife by giving her back her lappets. It was necessary also to
do right by the servant in hanging her by the neck. For justice is to
render to each what is due to him. In which lies its majesty.”
“In that case,” said my good master, “justice is wickeder even than
I thought. This belief that she owes punishment to the guilty is
ferocious in the extreme. It is gothic barbarity.”
“Monsieur,” said the little official, “you misunderstand justice.
Justice strikes without anger, and it has no hatred for this girl it
sends to the gallows.”
Public-domain text, read in full here on John Shaqi.
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