that nothing due be withheld. All conduct is just by which nobody is
wronged.
It is further to be noted that all just conduct is of one of three
kinds--that which justice peremptorily exacts; that which she merely
permits, and may even be said barely to tolerate; and that which she
approves of and applauds, without, however, presuming to enjoin it.
Conduct of this last sort is just in that it leaves nothing undone which
justice requires, but it is also more than just in that it does more
than justice requires. To speak of it as simply just, is therefore
somewhat disparaging. It is just in the sense in which the less is
comprehended by the greater. He who faithfully fulfils an engagement
that has provided for his making a reasonable return for whatever
advantage he might obtain under it, shows himself simply just in the
matter, and nothing either more or less. He who, having driven a hard
bargain, insists rigorously upon it, giving nothing less, and taking
nothing more than had been mutually stipulated, is likewise strictly
just, but is also shabby, and deserves to be told so plainly. He who,
besides making full return, according to contract, for value received,
does something more, at some inconvenience to himself, out of regard for
another's need, is not a whit more just than either of the other two,
but he is generous into the bargain, and deserves thanks in proportion.
Rising out of these considerations are two others equally meriting
attention.
In the first place, we may see additional cause for distrusting the
testimony which etymology has been supposed to record in favour of 'an
origin of justice connected with the ordinances of law.'[12] That
'_justum_ is a form of _jussum_, that which has been ordered:' that
'[Greek: dikaion] comes directly from [Greek: dike], a suit of law:'
that '_recht_, from which came right and righteous, is synonymous with
law,' is obvious enough; and it may not be out of place to add that in
French the word _droit_ has, with almost savage irony, been selected as
the technical name, not of law simply, but of legal procedure with all
its crookedness.[13] Still it seems more in the ordinary course of
things to explain this linguistic identification of law with justice, by
supposing conformity to justice to have been the primitive element in
the formation of the notion of law, than by supposing 'conformity to law
to have been the primitive element in the formation of the notion of
just
|