ear upon offenders. When we think a person bound in justice to do a
thing, we should like to see him punished for not doing it; we lament
the obstacles that may be in the way, and strive to make amends by a
strong expression of our own opinion. The idea of legal constraint is
thus the generating idea of justice throughout all its transformations.
The real turning point between morality and simple expediency is
contained in the penal sanction. Duty is what we may _exact_ of a
person; there may be reasons why we do not exact it, but the person
himself would not be entitled to complain if we did so. Expediency, on
the other hand, points to things that we may wish people to do, may
praise them for doing, and despise them for not doing, while we do not
consider it proper to bring in the aid of punishment.
There enters farther into the idea of Justice what has been expressed
by the ill-chosen phrase, 'perfect obligation,' meaning that the duty
involves a moral right on the part of some definite person, as in the
case of a debt; an imperfect obligation is exemplified by charity,
which gives no legal claim to any one recipient. Every such right is a
case of Justice, and not of Beneficence.
The Idea of Justice is thus shown to be grounded in Law; and the next
question is, does the strong feeling or sentiment of Justice grow out
of considerations of utility? Mr. Mill conceives that though the notion
of expediency or utility does not give birth to the sentiment, it gives
birth to what is _moral_ in it.
The two essentials of justice are (1) the desire to punish some one,
and (2) the notion or belief that harm has been done to some definite
individual or individuals. Now, it appears to the author that the
desire to punish is a spontaneous outgrowth of two sentiments, both
natural, and, it may be, instinctive; the impulse of _self-defence_,
and the feeling of _sympathy_. We naturally resent, repel, and
retaliate, any harm done to ourselves and to any one that engages our
sympathies. There is nothing moral in mere resentment; the moral part
is the subordination of it to our social regards. We are moral beings,
in proportion as we restrain our private resentment whenever it
conflicts with the interests of society. All moralists agree with Kant
in saying that no act is right that could not be adopted as a law by
all rational beings (that is, consistently with the well-being of
society).
There is in Justice a rule of conduct, a
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