y result in good or evil to himself and so be wise or unwise, but
assuming, what probably is never the fact, that it affects only
himself, in no way affects any other, his conduct is neither just nor
unjust. Robinson Crusoe, until the arrival of the man Friday, had no
occasion to consider our problem.
But, admitting that each man's conduct, whether active or passive,
does affect some other person, what is the criterion by which to
determine the justice or injustice of that conduct? It is not enough
to say that if the conduct in any degree impedes the other person in
the enjoyment of any of his rights it is unjust, otherwise not; for
then the question comes to the front, what is the right of that other
in the given case? Indeed, this latter question is the crux of the
problem of justice. The derivation of the word "justice" also shows
this. The Latin _justitia_ or _justitium_ according to some scholars
is compounded of _jus_, right, and _sisto_ or _steti_, to place, or
to cause to stand, and hence the whole word may be held to signify the
maintenance of _jus_ or right. With the question of _jus_ or right
correctly answered, the problem of justice is practically solved. The
right of the one being known, the effect of any particular conduct of
another on that right, and consequently its justice or injustice, is
determinable with comparative ease. Hence to make progress in our
inquiry we must consider the problem of rights, for we almost
instinctively accept as correct so much of Ulpian's definition as
implies that justice is to be predicated of the act of rendering to
everyone his right. We instinctively feel that if we render to another
his full right we do him full justice, and that if we ourselves are
deprived of any right we suffer injustice. What is his or our right is
therefore the real question. This will be our next subject for
consideration.
CHAPTER II
THE PROBLEM OF RIGHTS. DIFFERENT THEORIES AS TO THE SOURCE OF RIGHTS
The problem of Rights is also centuries old. There have been in later
years glowing tributes to human rights even more than to justice,
though the sentiment of rights is egoistic, while that of justice is
in some measure altruistic. There have also been diverse opinions in
the past, as now, as to the source, foundation, and nature of what are
called Rights, as there were and are of justice. A brief review of
these opinions and of the changes in them may present the problem more
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