From what has been said it appears, that the subject of our present enquiry is strictly speaking a department of the science of morals. Morality is the source from which its fundamental axioms must be drawn, and they will be made somewhat clearer in the present instance, if we assume the term justice as a general appellation for all moral duty.
That this appellation is sufficiently expressive of the subject will appear, if we examine mercy, gratitude, temperance, or any of those duties which, in looser speaking, are contradistinguished from justice. Why should I pardon this criminal, remunerate this favour, or abstain from this indulgence?
If it partake of the nature of morality, it must be either right or wrong, just or unjust. It must tend to the benefit of the individual, either without trenching upon, or with actual advantage to the mass of individuals. Either way it benefits the whole, because individuals are parts of the whole.
Therefore to do it is just, and to forbear it is unjust. -- By justice I understand that impartial treatment of every man in matters that relate to his happiness, which is measured solely by a consideration of the properties of the receiver, and the capacity of him that bestows. Its principle therefore is, according to a well known phrase, to be "no respecter of persons."
Considerable light will probably be thrown upon our investigation, if, quitting for the present the political view, we examine justice merely as it exists among individuals. Justice is a rule of conduct originating in the connection of one percipient being with another. A comprehensive maxim which has been laid down upon the subject is "that we should love our neighbour as ourselves." But this maxim, though possessing considerable merit as a popular principle, is not modeled with the strictness of philosophical accuracy.
In a loose and general view I and my neighbour are both of us men; and of consequence entitled to equal attention. But, in reality, it is probable that one of us is a being of more worth and importance than the other.
A man is of more worth than a beast; because, being possessed of higher faculties, he is capable of a more refined and genuine happiness. In the same manner the illustrious archbishop of Cambray was of more worth than his valet, and there are few of us that would hesitate to pronounce, if his palace were in flames, and the life of only one of them could be preserved, which of the two ought to be preferred.
But there is another ground of preference, beside the private consideration of one of them being further removed from the state of a mere animal. We are not connected with one or two percipient beings, but with a society, a nation, and in some sense with the whole family of mankind. Of consequence that life ought to be preferred which will be most conducive to the general good. In saving the life of Fenelon, suppose at the moment he conceived the project of his immortal Telemachus, should have been promoting the benefit of thousands, who have been cured by the perusal of that work of some error, vice and consequent unhappiness. Nay, my benefit would extend further than this; for every individual, thus cured, has become a better member of society, and has contributed in his turn to the happiness, information, and improvement of others.
Suppose I had been myself the valet; I ought to have chosen to die, rather than Fenelon should have died. The life of Fenelon was really preferable to that of the valet. But understanding is the faculty that perceives the truth of this and similar propositions; and justice is the principle that regulates my conduct accordingly. It would have been just in the valet to have preferred the archbishop to himself. To have done otherwise would have been a breach of justice.
Suppose the valet had been my brother, my father, or my benefactor.
This would not alter the truth of the proposition. The life of Fenelon would still be more valuable than that of the valet; and justice, pure, unadulterated justice, would still have preferred that which was most valuable.
Justice would have taught me to save the life of Fenelon at the expense of the other. What magic is there in the pronoun "my," that should justify us in overturning the decisions of impartial truth? My brother or my father may be a fool or a profligate, malicious, lying or dishonest. If they be, of what consequence is it that they are mine?
"But to my father I am indebted for existence; he supported me in the helplessness of infancy." When he first subjected himself to the necessity of these cares, he was probably influenced by no particular motives of benevolence to his future offspring. Every voluntary benefit however entitles the bestower to some kindness and retribution. Why? Because a voluntary benefit is an evidence of benevolent intention, that is, in a certain degree, of virtue. It is the disposition of the mind, not the external action separately taken, that entitles to respect. But the merit of this disposition is equal, whether the benefit were conferred upon me or upon another. I and another man cannot both be right in preferring our respective benefactors, for my benefactor cannot be at the same time both better and worse than his neighbour. My benefactor ought to be esteemed, not because he bestowed a benefit upon me, but because he bestowed it upon a human being. His desert will be in exact proportion to the degree in which that human being was worthy of the distinction conferred.
Thus every view of the subject brings us back to the consideration of my neighbour's moral worth, and his importance to the general weal, as the only standard to determine the treatment to which he is entitled. Gratitude therefore, if by gratitude we understand a sentiment of preference which I entertain towards another, upon the ground of my having been the subject of his benefits, is no part either of justice or virtue.
