Utilitarianism eBook

This eBook from the Gutenberg Project consists of approximately 96 pages of information about Utilitarianism.

Utilitarianism eBook

This eBook from the Gutenberg Project consists of approximately 96 pages of information about Utilitarianism.
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

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Utilitarianism from Project Gutenberg. Public domain.