What is Property [118]
this litany through ten pages (it has been filtered through a thousand volumes), we should be no nearer to the solution of the question.
"Justice is public utility," says Aristotle. That is true, but it is a tautology. "The principle that the public welfare ought to be the object of the legislator"--says M. Ch. Comte in his "Treatise on Legislation"--"cannot be overthrown. But legislation is advanced no farther by its announcement and demonstration, than is medicine when it is said that it is the business of physicians to cure the sick."
Let us take another course. RUGHT is the sum total of the principles which govern society. Justice, in man, is the respect and observation of those principles. To practise justice is to obey the social instinct; to do an act of justice is to do a social act. If, then, we watch the conduct of men towards each other under different circumstances, it will be easy for us to distinguish between the presence and absence of society; from the result we may inductively infer the law.
Let us commence with the simplest and least doubtful cases.
The mother, who protects her son at the peril of her life, and sacrifices every thing to his support, is in society with him-- she is a good mother. She, on the contrary, who abandons her child, is unfaithful to the social instinct,--maternal love being one of its many features; she is an unnatural mother.
If I plunge into the water to rescue a drowning man, I am his brother, his associate; if, instead of aiding him, I sink him, I am his enemy, his murderer.
Whoever bestows alms treats the poor man as his associate; not thoroughly, it is true, but only in respect to the amount which he shares with him. Whoever takes by force or stratagem that which is not the product of his labor, destroys his social character--he is a brigand.
The Samaritan who relieves the traveller lying by the wayside, dresses his wounds, comforts him, and supplies him with money, thereby declares himself his associate--his neighbor; the priest, who passes by on the other side, remains unassociated, and is his enemy.
In all these cases, man is moved by an internal attraction towards his fellow, by a secret sympathy which causes him to love, congratulate, and condole; so that, to resist this attraction, his will must struggle against his nature.
But in these respects there is no decided difference between man and the animals. With them, as long as the weakness of their young endears them to their mothers,--in a word, associates them with their mothers,--the latter protect the former, at the peril of their lives, with a courage which reminds us of our heroes dying for their country. Certain species unite for hunting purposes, seek each other, call each other (a poet would say invite each other), to share their prey; in danger they aid, protect, and warn each other. The elephant knows how to help his companion out of the ditch into which the latter has fallen. Cows form a circle, with their horns outward and their calves in the centre, in order to repel the attacks of wolves. Horses and pigs, on hearing a cry of distress from one of their number, rush to the spot whence it comes. What descriptions I might give of their marriages, the tenderness of the males towards the females, and the fidelity of their loves! Let us add, however,--to be entirely just--that these touching demonstrations of society, fraternity, and love of neighbor, do not prevent the animals from quarrelling, fighting, and outrageously abusing one another while gaining their livelihood and showing their gallantry; the resemblance between them and ourselves is perfect.
The social instinct, in man and beast, exists to a greater or less degree--its nature is the same. Man has the greater need of association, and employs it more; the animal seems better able to endure isolation. In man, social needs are more imperative and complex; in the beast, they seem less intense, less diversified, less regretted. Society, in a word, aims, in the case of man, at the preservation of the race
"Justice is public utility," says Aristotle. That is true, but it is a tautology. "The principle that the public welfare ought to be the object of the legislator"--says M. Ch. Comte in his "Treatise on Legislation"--"cannot be overthrown. But legislation is advanced no farther by its announcement and demonstration, than is medicine when it is said that it is the business of physicians to cure the sick."
Let us take another course. RUGHT is the sum total of the principles which govern society. Justice, in man, is the respect and observation of those principles. To practise justice is to obey the social instinct; to do an act of justice is to do a social act. If, then, we watch the conduct of men towards each other under different circumstances, it will be easy for us to distinguish between the presence and absence of society; from the result we may inductively infer the law.
Let us commence with the simplest and least doubtful cases.
The mother, who protects her son at the peril of her life, and sacrifices every thing to his support, is in society with him-- she is a good mother. She, on the contrary, who abandons her child, is unfaithful to the social instinct,--maternal love being one of its many features; she is an unnatural mother.
If I plunge into the water to rescue a drowning man, I am his brother, his associate; if, instead of aiding him, I sink him, I am his enemy, his murderer.
Whoever bestows alms treats the poor man as his associate; not thoroughly, it is true, but only in respect to the amount which he shares with him. Whoever takes by force or stratagem that which is not the product of his labor, destroys his social character--he is a brigand.
The Samaritan who relieves the traveller lying by the wayside, dresses his wounds, comforts him, and supplies him with money, thereby declares himself his associate--his neighbor; the priest, who passes by on the other side, remains unassociated, and is his enemy.
In all these cases, man is moved by an internal attraction towards his fellow, by a secret sympathy which causes him to love, congratulate, and condole; so that, to resist this attraction, his will must struggle against his nature.
But in these respects there is no decided difference between man and the animals. With them, as long as the weakness of their young endears them to their mothers,--in a word, associates them with their mothers,--the latter protect the former, at the peril of their lives, with a courage which reminds us of our heroes dying for their country. Certain species unite for hunting purposes, seek each other, call each other (a poet would say invite each other), to share their prey; in danger they aid, protect, and warn each other. The elephant knows how to help his companion out of the ditch into which the latter has fallen. Cows form a circle, with their horns outward and their calves in the centre, in order to repel the attacks of wolves. Horses and pigs, on hearing a cry of distress from one of their number, rush to the spot whence it comes. What descriptions I might give of their marriages, the tenderness of the males towards the females, and the fidelity of their loves! Let us add, however,--to be entirely just--that these touching demonstrations of society, fraternity, and love of neighbor, do not prevent the animals from quarrelling, fighting, and outrageously abusing one another while gaining their livelihood and showing their gallantry; the resemblance between them and ourselves is perfect.
The social instinct, in man and beast, exists to a greater or less degree--its nature is the same. Man has the greater need of association, and employs it more; the animal seems better able to endure isolation. In man, social needs are more imperative and complex; in the beast, they seem less intense, less diversified, less regretted. Society, in a word, aims, in the case of man, at the preservation of the race