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ies punishment, other secondary objects with which justice has no concern, should be combined. She is well content that the same penal measures as are called for in order to compensate the injured party, should also subserve the reform of the criminal, and serve as general deterrents from crime. But she protests against the notion that these, or any other objects, can ever excuse the infringement of any ordinance of justice, or of any of even a criminal's rights which the criminal has not forfeited by crime. Justice, in short, in her penal, as in all her other arrangements, has but to adhere closely to the anti-utilitarian principles of rendering what is due, and of taking nothing that is not due, in order to steer clear of all the difficulties by which the ablest and most accomplished Utilitarians confess themselves staggered. A second greatly vexed question is, 'whether, in a co-operative industrial association, it is just or not that talent or skill should give a title to superior remuneration? On the one side it is argued that all who do the best they can deserve equally well; ... that superior abilities have already advantages more than enough in the admiration they excite, the personal influence they command, and the internal satisfaction attending them; and that society is bound in justice rather to make compensation to the less favoured for this unmerited inequality of advantages, than to aggravate it. On the contrary side, that society, receiving more from the more efficient labourer, owes him a larger return; that a larger share of the joint result being actually his work, not to allow his claim to it is a sort of robbery; that if he is only to receive as much as others he can only be required to produce as much.'[17] 'Between these appeals to conflicting principles of justice,' Mr. Mill considers it impossible to decide. 'Justice,' he says, 'has in this case two sides to it, which it is impossible to bring into harmony, and the two disputants have chosen opposite sides; the one looks to what it is just that the individual should receive, the other to what it is just that the community should give. Each from his own point of view is unanswerable, and any choice between them, on grounds of justice, must be perfectly arbitrary. Social utility alone can decide the preference.'[18] The form of justice depicted with this Janus-like aspect can scarcely be the utilitarian, since, whoever, on utilitarian grounds, sel
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