law, but on the contrary law meant right. But
however this may be, the fact that
recht and
droit became restricted in their meaning to
positive law, although much which is not required
by law is equally necessary to moral straightness
or rectitude, is as significant of the original character
of moral ideas as if the derivation had been the reverse
way. The courts of justice, the administration
of justice, are the courts and the administration
of law.
La justice, in French, is the established
term for judicature. There can, I think, be no
doubt that the
idee mere, the primitive element,
in the formation of the notion of justice, was conformity
to law. It constituted the entire idea among the
Hebrews, up to the birth of Christianity; as might
be expected in the case of a people whose laws attempted
to embrace all subjects on which precepts were required,
and who believed those laws to be a direct emanation
from the Supreme Being. But other nations, and
in particular the Greeks and Romans, who knew that
their laws had been made originally, and still continued
to be made, by men, were not afraid to admit that those
men might make bad laws; might do, by law, the same
things, and from the same motives, which, if done
by individuals without the sanction of law, would
be called unjust. And hence the sentiment of injustice
came to be attached, not to all violations of law,
but only to violations of such laws as
ought
to exist, including such as ought to exist but do not;
and to laws themselves, if supposed to be contrary
to what ought to be law. In this manner the idea
of law and of its injunctions was still predominant
in the notion of justice, even when the laws actually
in force ceased to be accepted as the standard of
it.
It is true that mankind consider the idea of justice
and its obligations as applicable to many things which
neither are, nor is it desired that they should be,
regulated by law. Nobody desires that laws should
interfere with the whole detail of private life; yet
every one allows that in all daily conduct a person
may and does show himself to be either just or unjust.
But even here, the idea of the breach of what ought
to be law, still lingers in a modified shape.
It would always give us pleasure, and chime in with
our feelings of fitness, that acts which we deem unjust
should be punished, though we do not always think it
expedient that this should be done by the tribunals.
We forego that gratification on account of incidental
inconveniences. We should be glad to see just
conduct enforced and injustice repressed, even in the
minutest details, if we were not, with reason, afraid
of trusting the magistrate with so unlimited an amount
of power over individuals. When we think that
a person is bound in justice to do a thing, it is an
ordinary form of language to say, that he ought to
be compelled to do it. We should be gratified
to see the obligation enforced by anybody who had
the power. If we see that its enforcement by law