The Utility of Justice

PART 1

Justice is useful to society. This gives it its merit.

But is public utility the SOLE origin of justice?

Are the benefits of justice the SOLE foundation of its merit?

Let us suppose that nature has bestowed on the human race such profuse ABUNDANCE of all EXTERNAL conveniencies, that, without any uncertainty in the event, without any care or industry on our part, every individual finds himself fully provided with whatever his most voracious appetites can want, or luxurious imagination wish or desire.

His natural beauty surpasses all acquired ornaments.

The perpetual clemency of the seasons renders all clothes or covering useless.

The raw herbs afford him the most delicious fare.

The clear fountain, the richest beverage.

The following are not needed:

• any laborious occupation
• tillage
• navigation.

His sole activities would be:

• music
• poetry
• contemplation
• conversation
• mirth
• friendship

In such a happy state:

• social virtues would flourish and increase tenfold.
• the cautious, jealous virtue of justice would never be dreamed of.

Why would we need to divide goods if everyone has more than enough? Why create property when no one is threatened by loss?

Why call this object MINE, when upon the seizing of it by another, I need but stretch out my hand to possess myself to what is equally valuable?

In those cases, justice becomes totally useless and would just be for ceremony.

We see, even in the present necessitous condition of mankind, that, wherever any benefit is bestowed by nature in an unlimited abundance.

we leave it always in common among the whole human race, and make no subdivisions of right and property.

Water and air are the most necessary of all objects. No one makes a property of them. No one commits injustice by lavishly drinking water and breathing so much air.

In large, fertile countries with few people, land is seen in the same way. The defenders of the liberty of the seas cite the wideness of the oceans.

Some countries might establish property on water and not on land. But in such a case it is the water-areas that are scarce.

Imagine all humans filled with friendship and generosity that everyone has perfect fellow-feeling. In such a case, justice would be suspended by benevolence and property and obligatory contracts would not be thought of.

an extensive benevolence, nor would the divisions and barriers of property and obligation have ever been thought of.

Why should I bind another, by a deed or promise, to do something for me when he is always working towards my happiness?

Why raise fences between my neighbour’s field and mine, when we have a united interest and share everything?

In this case, every man is a second self to another.

• He would trust all his interests to the discretion of every man without jealousy, partition, or distinction.

**The whole human race would form only one family where everything would be: - common property - used freely and cautiously with a regard to the necessities of each individual

In the present disposition of the human heart, it would be difficult to find complete instances of such enlarged affections.

• It is seen in families.

The stronger the mutual benevolence among the individuals, the nearer this commoness of property becomes until all the distinction of property is lost and confounded among them.

Between married persons, the cement of friendship is supposed to be so strong.

• The laws abolish all division of possessions.

It has often, in reality, the force ascribed to it.

The commoness of goods has frequently been attempted during the ardour of new enthusiasms.

• The returning or disguised selfishness of people expose its inconveniencies
• This makes their proponents rever to the ideas of justice and of separate property.

Justice as a Virtue

This virtue of justice derives its existence entirely from its necessary USE in the social state of mankind.

Imagine society fall into a lack of all common necessities.

• The laws of justice then will be suspended to give way to the stronger motives of necessity and self-preservation.

Is it a crime for a shipwrecked people to seize whatever object they can get, and ignore property rules?

If a besieged city were starving, would they still observe the rules of equity and justice?

• The public opens private granaries without the consent of proprietors.

But if men assembled by themselves to forcibly and violently equally distribute bread in a famine, would it be regarded as criminal or injurious?

Suppose a virtuous man’s fate was decided by a society of ruffians what should he do?

• Such a society would dissolve sooner or later.

• He, meanwhile, can have no other expedient than to arm himself.
• His particular regard to justice being no longer of use to his own safety or that of others, he must consult the dictates of self-preservation alone, without concern for those who no longer merit his care and attention.

When any man, even in political society, renders himself by his crimes, obnoxious to the public, he is punished by the laws in his goods and person; that is, the ordinary rules of justice are, with regard to him, suspended for a moment, and it becomes equitable to inflict on him, for the BENEFIT of society, what otherwise he could not suffer without wrong or injury.

The rage and violence of public war; what is it but a suspension of justice among the warring parties, who perceive, that this virtue is now no longer of any USE or advantage to them? s

The laws of equity and justice are succeeded by the laws of war which aim for the ADVANTAGE and UTILITY of that state of war.

If a civilized nation is engaged with lawless barbarians, then it must also:

• suspend its civilized laws

• render every action against the barbarians as bloody and pernicious as possible

Thus, the rules of equity or justice:

• depend entirely on the state and condition of society

• owe their origin and existence to that utility, which is gained by the public from their strict and regular observance.

Justice is made totally useless when humans are in the state of:

• extreme abundance or
• extreme necessity

The common situation of society is a medium amidst all these extremes.

We are naturally partial to ourselves, and to our friends. But we are capable of learning the advantage resulting from a more equitable conduct.