ould favor his friend's injustice, he would become his accomplice
in his violation of the social compact; he would form with him a sort of
conspiracy against the social body. Preference should be shown only in
personal matters, such as love, esteem, confidence, or intimacy, when
all cannot be considered at once. Thus, in case of fire, a father
would save his own child before thinking of his neighbor's; but the
recognition of a right not being an optional matter with a judge, he is
not at liberty to favor one person to the detriment of another.
The theory of these special societies--which are formed concentrically,
so to speak, by each of us inside of the main body--gives the key to
all the problems which arise from the opposition and conflict of the
different varieties of social duty,--problems upon which the ancient
tragedies are based.
The justice practised among animals is, in a certain degree, negative.
With the exception of protecting their young, hunting and plundering
in troops, uniting for common defence and sometimes for individual
assistance, it consists more in prevention than in action. A sick animal
who cannot arise from the ground, or an imprudent one who has fallen
over a precipice, receives neither medicine nor nourishment. If he
cannot cure himself, nor relieve himself of his trouble, his life is in
danger: he will neither be cared for in bed, nor fed in a prison.
Their neglect of their fellows arises as much from the weakness of
their intellect as from their lack of resources. Still, the degrees
of intimacy common among men are not unknown to the animals. They
have friendships of habit and of choice; friendships neighborly, and
friendships parental. In comparison with us, they have feeble memories,
sluggish feelings, and are almost destitute of intelligence; but
the identity of these faculties is preserved to some extent, and our
superiority in this respect arises entirely from our understanding.
It is our strength of memory and penetration of judgment which enable us
to multiply and combine the acts which our social instinct impels us to
perform, and which teaches us how to render them more effective, and
how to distribute them justly. The beasts who live in society practise
justice, but are ignorant of its nature, and do not reason upon it; they
obey their instinct without thought or philosophy. They know not how to
unite the social sentiment with the idea of equality, which they do not
posses
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