The above is, I think, a true account, as far as it goes, of the origin
and progressive growth of the idea of justice. But we must observe, that
it contains, as yet, nothing to distinguish that obligation from moral
obligation in general. For the truth is, that the idea of penal
sanction, which is the essence of law, enters not only into the
conception of injustice, but into that of any kind of wrong. We do not
call anything wrong, unless we mean to imply that a person ought to be
punished in some way or other for doing it; if not by law, by the
opinion of his fellow creatures; if not by opinion, by the reproaches of
his own conscience. This seems the real turning point of the distinction
between morality and simple expediency. It is a part of the notion of
Duty in every one of its forms, that a person may rightfully be
compelled to fulfil it. Duty is a thing which may be _exacted_ from a
person, as one exacts a debt. Unless we think that it might be exacted
from him, we do not call it his duty. Reasons of prudence, or the
interest of other people, may militate against actually exacting it; but
the person himself, it is clearly understood, would not be entitled to
complain. There are other things, on the contrary, which we wish that
people should do, which we like or admire them for doing, perhaps
dislike or despise them for not doing, but yet admit that they are not
bound to do; it is not a case of moral obligation; we do not blame them,
that is, we do not think that they are proper objects of punishment. How
we come by these ideas of deserving and not deserving punishment, will
appear, perhaps, in the sequel; but I think there is no doubt that this
distinction lies at the bottom of the notions of right and wrong; that
we call any conduct wrong, or employ instead, some other term of dislike
or disparagement, according as we think that the person ought, or ought
not, to be punished for it; and we say that it would be right to do so
and so, or merely that it would be desirable or laudable, according as
we would wish to see the person whom it concerns, compelled or only
persuaded and exhorted, to act in that manner.[C]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account