To throw light upon this question, it is necessary to attempt to
ascertain what is the distinguishing character of justice, or of
injustice: what is the quality, or whether there is any quality,
attributed in common to all modes of conduct designated as unjust (for
justice, like many other moral attributes, is best defined by its
opposite), and distinguishing them from such modes of conduct as are
disapproved, but without having that particular epithet of
disapprobation applied to them. If, in everything which men are
accustomed to characterize as just or unjust, some one common attribute
or collection of attributes is always present, we may judge whether this
particular attribute or combination of attributes would be capable of
gathering round it a sentiment of that peculiar character and intensity
by virtue of the general laws of our emotional constitution, or whether
the sentiment is inexplicable, and requires to be regarded as a special
provision of Nature. If we find the former to be the case, we shall, in
resolving this question, have resolved also the main problem: if the
latter, we shall have to seek for some other mode of investigating it.
* * * * *
To find the common attributes of a variety of objects, it is necessary
to begin, by surveying the objects themselves in the concrete. Let us
therefore advert successively to the various modes of action, and
arrangements of human affairs, which are classed, by universal or widely
spread opinion, as Just or as Unjust. The things well known to excite
the sentiments associated with those names, are of a very multifarious
character. I shall pass them rapidly in review, without studying any
particular arrangement.
In the first place, it is mostly considered unjust to deprive any one
of his personal liberty, his property, or any other thing which belongs
to him by law. Here, therefore, is one instance of the application of
the terms just and unjust in a perfectly definite sense, namely, that it
is just to respect, unjust to violate, the _legal rights_ of any one.
But this judgment admits of several exceptions, arising from the other
forms in which the notions of justice and injustice present themselves.
For example, the person who suffers the deprivation may (as the phrase
is) have _forfeited_ the rights which he is so deprived of: a case to
which we shall return presently. But also,