What is Property [28]
as to this law, said to be engraved upon the heart of man, we shall immediately see that they dispute about a matter of which they know nothing; that, concerning the most important questions, there are almost as many opinions as authors; that we find no two agreeing as to the best form of government, the principle of authority, and the nature of right; that all sail hap-hazard upon a shoreless and bottomless sea, abandoned to the guidance of their private opinions which they modestly take to be right reason. And, in view of this medley of contradictory opinions, we say: "The object of our investigations is the law, the determination of the social principle. Now, the politicians, that is, the social scientists, do not understand each other; then the error lies in themselves; and, as every error has a reality for its object, we must look in their books to find the truth which they have unconsciously deposited there."
Now, of what do the lawyers and the publicists treat? Of jUSTICE, EQUITY, LIBERTY, NATURAL LAW, CIVIL LAWS, &c. But what is justice? What is its principle, its character, its formula? To this question our doctors evidently have no reply; for otherwise their science, starting with a principle clear and well defined, would quit the region of probabilities, and all disputes would end.
What is justice? The theologians answer: "All justice comes from God." That is true; but we know no more than before.
The philosophers ought to be better informed: they have argued so much about justice and injustice! Unhappily, an examination proves that their knowledge amounts to nothing, and that with them--as with the savages whose every prayer to the sun is simply _O! O!_--it is a cry of admiration, love, and enthusiasm; but who does not know that the sun attaches little meaning to the interjection O! That is exactly our position toward the philosophers in regard to justice. Justice, they say, is a DAUGHTER OF HEAVEN; A LIGHT WHICH ILLUMINES EVERY MAN THAT COMES INTO THE WORLD; THE MOST BEAUTIFUL PREROGATIVE OF OUR NATURE; THAT WHICH DISTINGUISHES US FROM THE BEASTS AND LIKENS US TO GOD--and a thousand other similar things. What, I ask, does this pious litany amount to? To the prayer of the savages: O!
All the most reasonable teachings of human wisdom concerning justice are summed up in that famous adage: DO UNTO OTHERS THAT WHICH YOU WOULD THAT OTHERS SHOULD DO UNTO YOU; DO NOT UNTO OTHERS THAT WHICH YOU WOULD NOT THAT OTHERS SHOULD DO UNTO YOU. But this rule of moral practice is unscientific: what have I a right to wish that others should do or not do to me? It is of no use to tell me that my duty is equal to my right, unless I am told at the same time what my right is.
Let us try to arrive at something more precise and positive.
Justice is the central star which governs societies, the pole around which the political world revolves, the principle and the regulator of all transactions. Nothing takes place between men save in the name of RIGHT; nothing without the invocation of justice. Justice is not the work of the law: on the contrary, the law is only a declaration and application of JUSTICE in all circumstances where men are liable to come in contact. If, then, the idea that we form of justice and right were ill-defined, if it were imperfect or even false, it is clear that all our legislative applications would be wrong, our institutions vicious, our politics erroneous: consequently there would be disorder and social chaos.
This hypothesis of the perversion of justice in our minds, and, as a necessary result, in our acts, becomes a demonstrated fact when it is shown that the opinions of men have not borne a constant relation to the notion of justice and its applications; that at different periods they have undergone modifications: in a word, that there has been progress in ideas. Now, that is what history proves by the most overwhelming testimony.
Eighteen Hundred years ago, the world, under the rule of the Caesars, exhausted itself in slavery, superstition, and voluptuousness.
Now, of what do the lawyers and the publicists treat? Of jUSTICE, EQUITY, LIBERTY, NATURAL LAW, CIVIL LAWS, &c. But what is justice? What is its principle, its character, its formula? To this question our doctors evidently have no reply; for otherwise their science, starting with a principle clear and well defined, would quit the region of probabilities, and all disputes would end.
What is justice? The theologians answer: "All justice comes from God." That is true; but we know no more than before.
The philosophers ought to be better informed: they have argued so much about justice and injustice! Unhappily, an examination proves that their knowledge amounts to nothing, and that with them--as with the savages whose every prayer to the sun is simply _O! O!_--it is a cry of admiration, love, and enthusiasm; but who does not know that the sun attaches little meaning to the interjection O! That is exactly our position toward the philosophers in regard to justice. Justice, they say, is a DAUGHTER OF HEAVEN; A LIGHT WHICH ILLUMINES EVERY MAN THAT COMES INTO THE WORLD; THE MOST BEAUTIFUL PREROGATIVE OF OUR NATURE; THAT WHICH DISTINGUISHES US FROM THE BEASTS AND LIKENS US TO GOD--and a thousand other similar things. What, I ask, does this pious litany amount to? To the prayer of the savages: O!
All the most reasonable teachings of human wisdom concerning justice are summed up in that famous adage: DO UNTO OTHERS THAT WHICH YOU WOULD THAT OTHERS SHOULD DO UNTO YOU; DO NOT UNTO OTHERS THAT WHICH YOU WOULD NOT THAT OTHERS SHOULD DO UNTO YOU. But this rule of moral practice is unscientific: what have I a right to wish that others should do or not do to me? It is of no use to tell me that my duty is equal to my right, unless I am told at the same time what my right is.
Let us try to arrive at something more precise and positive.
Justice is the central star which governs societies, the pole around which the political world revolves, the principle and the regulator of all transactions. Nothing takes place between men save in the name of RIGHT; nothing without the invocation of justice. Justice is not the work of the law: on the contrary, the law is only a declaration and application of JUSTICE in all circumstances where men are liable to come in contact. If, then, the idea that we form of justice and right were ill-defined, if it were imperfect or even false, it is clear that all our legislative applications would be wrong, our institutions vicious, our politics erroneous: consequently there would be disorder and social chaos.
This hypothesis of the perversion of justice in our minds, and, as a necessary result, in our acts, becomes a demonstrated fact when it is shown that the opinions of men have not borne a constant relation to the notion of justice and its applications; that at different periods they have undergone modifications: in a word, that there has been progress in ideas. Now, that is what history proves by the most overwhelming testimony.
Eighteen Hundred years ago, the world, under the rule of the Caesars, exhausted itself in slavery, superstition, and voluptuousness.