FREE BOOKS

Author's List




PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>  
of things to its adoption--cannot be even plausibly maintained. To give any meaning to Kant's principle, the sense put upon it must be, that we ought to shape our conduct by a rule which all rational beings might adopt _with benefit to their collective interest_. To recapitulate: the idea of justice supposes two things; a rule of conduct, and a sentiment which sanctions the rule. The first must be supposed common to all mankind, and intended for their good. The other (the sentiment) is a desire that punishment may be suffered by those who infringe the rule. There is involved, in addition, the conception of some definite person who suffers by the infringement; whose rights (to use the expression appropriated to the case) are violated by it. And the sentiment of justice appears to me to be, the animal desire to repel or retaliate a hurt or damage to oneself, or to those with whom one sympathizes, widened so as to include all persons, by the human capacity of enlarged sympathy, and the human conception of intelligent self-interest. From the latter elements, the feeling derives its morality; from the former, its peculiar impressiveness, and energy of self-assertion. I have, throughout, treated the idea of a _right_ residing in the injured person, and violated by the injury, not as a separate element in the composition of the idea and sentiment, but as one of the forms in which the other two elements clothe themselves. These elements are, a hurt to some assignable person or persons on the one hand, and a demand for punishment on the other. An examination of our own minds, I think, will show, that these two things include all that we mean when we speak of violation of a right. When we call anything a person's right, we mean that he has a valid claim on society to protect him in the possession of it, either by the force of law, or by that of education and opinion. If he has what we consider a sufficient claim, on whatever account, to have something guaranteed to him by society, we say that he has a right to it. If we desire to prove that anything does not belong to him by right, we think this done as soon as it is admitted that society ought not to take measures for securing it to him, but should leave it to chance, or to his own exertions. Thus, a person is said to have a right to what he can earn in fair professional competition; because society ought not to allow any other person to hinder him from endeavouring to earn
PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>  



Top keywords:

person

 

society

 

sentiment

 
desire
 

elements

 
things
 

conception

 

punishment

 

violated

 
persons

include

 

interest

 

justice

 

conduct

 

protect

 

possession

 

demand

 
assignable
 
clothe
 
examination

education

 

violation

 
meaning
 

exertions

 

chance

 

securing

 

hinder

 
endeavouring
 

competition

 

professional


measures

 

account

 

sufficient

 

principle

 

guaranteed

 

admitted

 

belong

 
opinion
 

element

 
supposes

appropriated

 

expression

 

rights

 

appears

 

recapitulate

 

damage

 

oneself

 

retaliate

 

adoption

 

animal