Chapter CCXLIII

One of the oldest and most important elements in such systems is the conception of justice. Society is impossible unless those who are associated agree to observe certain rules of conduct towards one another; its stability depends on the steadiness with which they abide by that agreement; and, so far as they waver, that mutual trust which is the bond of society is weakened or destroyed. Wolves could not hunt in packs except for the real, though unexpressed, understanding that they should not attack one another during the chase. The most rudimentary polity is a pack of men living under the like tacit, or expressed, understanding; and having made the very important advance upon wolf society, that they agree to use the force of the whole body against individuals who violate it and in favour of those who observe it. This observance of a common understanding, with the consequent distribution of punishments and rewards according to accepted rules, received the name of justice, while the contrary was called injustice. Early ethics did not take much note of the animus of the violator of the rules. But civilization could not advance far without the establishment of a capital distinction between the case of involuntary and that of wilful misdeed; between a merely wrong action and a guilty one.

And, with increasing refinement of moral appreciation, the problem of desert, which arises out of this distinction, acquired more and more theoretical and practical importance. If life must be given for life, yet it was recognized that the unintentional slayer did not altogether deserve death; and, by a sort of compromise between the public and the private conception of justice, a sanctuary was provided in which he might take refuge from the avenger of blood.

The idea of justice thus underwent a gradual sublimation from punishment and reward according to acts, to punishment and reward according to desert; or, in other words, according to motive. Righteousness, that is, action from right motive, not only became synonymous with justice, but the positive constituent of innocence and the very heart of goodness.