Chapter XXIV: Section IX: Of Justice

1. Justice is a habit residing in the will, prompting that power constantly to render unto everyone his own. The fundamental notion of Justice is some sort of equality. Equality supposes two terms, physically distinct, or capable of existing separately, one from the other. Between such terms alone can equality be properly predicated. Any less distinction than this leaves room only for equality improperly so called, and therefore no room for what is properly termed Justice. When therefore Plato, going about to find a definition of Justice, which is a main object in his _Republic_, acquiesces in this position, that Justice consists in every part of the soul, rational, irascible, and concupiscible, fulfilling its own proper function, and not taking up the function of another, he fails for this reason, that all Justice is relative to another, but the different parts of one soul are not properly _other_ and _other_, since all go to make up one man: therefore, however much Justice may be identical with doing your own business, and leaving your neighbour free to do his, yet this relation obtaining among the various parts of the soul cannot properly be called Justice. What Plato defines is the beauty, good order, and moral comeliness of the soul, but not Justice in any sense, inasmuch as it is not referred to any being human or divine, collective or individual, outside of the man himself.

2. Going upon the principle that all Justice is of the nature of _equality_, and is therefore relative to _another_, we arrive at the definition of _general justice_, which is all virtue whatsoever, inasmuch as it bears upon another person than him who practises it. This Justice is perfect social virtue, the crown and perfection of all virtue from a statesman's point of view; and in that aspect, as Aristotle says, "neither morning star nor evening star is so beautiful." Whoever has this virtue behaves well, not by himself merely, but towards others--a great addition. Many a one who has done well enough as an individual, has done badly in a public capacity: whence the proverb, that office shows the man. This Justice may well be called _another man's good_: though not in the sense of the sophists of old, and the altruists of our time, that virtue is a very good thing for everyone else than its possessor. Virtue, like health, may be beneficial to neighbours, but the first benefit of it flows in upon the soul to whom it belongs: for virtue is the health of the soul.

3. Another elementary notion of Justice connects it with Law, taking Justice to be conformity to Law. This notion exhibits _legal justice_, which is the same thing, under another aspect, as the _general justice_ mentioned above, inasmuch as _general justice_ includes the exercise of all virtues in so far as they bear upon the good of others: and the law, to which _legal justice_ conforms a man, enjoins acts of all virtues for the common good. It must be observed, however, that though there is no natural virtue of which the law of man may not prescribe some exercise, still no human law enjoins all acts of all virtues, not even all obligatory acts. A man may fail in his duty though he has kept all the laws of man. In order then that _legal justice_ may include the whole duty of man, it must be referred to that natural and eternal law of God, revealed or unrevealed, of which we shall speak hereafter. By being conformed to this divine law a man is a _just man_, a _righteous man_. It is this sense of Justice that appears in the theological term, _justification_. In this sense, Zachary and Elizabeth "were both just before God, walking in all the commandments of the Lord without blame." (St. Luke i. 6.)

4. _General_, or _legal, justice_ is not the cardinal virtue so called, but is in one point of view identical with all virtue. Distinguished from the other three cardinal virtues is _particular justice_, which is divided into _distributive_ and _commutative justice_. _Distributive justice_ is exercised by the community through its head towards its individual members, so that there be a fair distribution of the common goods, in varying amount and manner, according to the various merits and deserts of the several recipients. The matters distributed are public emoluments and honours, public burdens, rewards, and also punishments. _Distributive justice_ is the virtue of the king and of the statesman, of the commander-in-chief, of the judge, and of the public functionary generally. It is violated by favouritism, partiality, and jobbery. _Distributive justice_ is the Justice that we adore in the great Governor of the Universe, saying that He is "just in all His works," even though we understand them not. When it takes the form of punishing, it is called _vindictive justice_. This is what the multitudes clamoured for, that filled the precincts of the Palace of Whitehall in the days of Charles I. with cries of Justice, Justice, for the head of Strafford.

5. Neither legal nor distributive justice fully answers to the definition of that virtue. Justice disposes us to give _to another his own_. The party towards whom Justice is practised must be wholly other and different from him who practises it. But it is clear that the member of a civil community is not wholly other and different from the State: he is partially identified with the civil community to which he belongs. Therefore neither the tribute of _legal justice_ paid by the individual to the State, nor the grant of _distributive justice_ from the State to the individual, is an exercise of Justice in the strictest sense. Again, what the individual pays to the State because he is legally bound to pay it, does not become the _State's own_ until after payment. If he withhold it, though he do wrong, yet he is not said to be keeping any portion of the public property in his private hands: he only fails to make some of his private property public, which the law bids him abdicate and make over. If this be true of money and goods, it is still more evidently true of honour and services. In like manner, in the matter of _distributive justice_, the emoluments which a subject has a claim to, the rewards which he has merited of the State, does not become _his_ till he actually gets them into his hands. It may be unfair and immoral that they are withheld from him, and in that case, so long as the circumstances remain the same, the obligation rest with and presses upon the State, and those who represent it, to satisfy his claim: still the State is not keeping the individual from that which is as yet his own. In the language of the Roman lawyers, he has at best a _jus ad rem_, a right that the thing be made his, but not a _jus in re_; that is, the thing is not properly his before he actually gets it.

6. _Commutative justice_ alone is Justice strictly so called: for therein alone the parties to the act are perfectly other and other, and the matter that passes between them, if withheld by one of the parties, would make a case of keeping the other out of that which he could still properly call by right his own. _Commutative justice_ runs between two individuals, or two independent States, or between the State and an individual inasmuch as the latter is an independent person, having rights of his own against the former. This justice is called _commutative_, from being concerned with _exchanges_, or contracts, _voluntary_ and _involuntary_. The idea of voluntary contract, like that between buyer and seller, is familiar enough. But the notion of an _involuntary contract_ is technical, and requires explanation. Whoever, then, wrongfully takes that which belongs to another, enters into an involuntary contract, or makes an involuntary exchange, with the party. This he may do by taking away his property, honour, reputation, liberty, or bodily ease and comfort. This is an involuntary transaction, against the will of the party that suffers. It is a contract, because the party that does the damage takes upon himself, whether he will or no, by the very act of doing it, the obligation of making the damage good, and of restoring what he has taken away. This is the obligation of _restitution_, which attaches to breaches of _commutative justice_, and, strictly speaking, to them alone. Thus, if a minister has not promoted a deserving officer in face of a clear obligation of _distributive justice_, the obligation indeed remains as that of a duty unfulfilled, so long as he remains minister with the patronage in his hands: but the promotion, if he finally makes it, is not an act of restitution: it is giving to the officer that which was not his before. And if the opportunity has passed, he owes the officer nothing in compensation. But if he has insulted the officer, he owes him an apology for all time to come: he must give back that honour which belonged to the officer, and of which he has robbed him. This is restitution. In a thousand practical cases it is important, and often a very nice question to decide, whether a particular offence, such as failure to pay taxes, be a sin against _commutative justice_ or only against some more general form of the virtue. If the former, restitution is due: if the latter, repentance only and purpose of better things in future, but not reparation of the past.

7. The old notion, that Justice is minding your own business, and leaving your neighbour to mind his, furnishes a good rough statement of the obligations of _commutative justice_. They are mainly negative, to leave your neighbour alone in his right of life and limb, of liberty and property, of honour and reputation. But in two ways your neighbour's business may become yours in justice. The first way is, if you have any contract with him, whether a formal contract, as that between a railway company and its passengers, or a virtual contract, by reason of some office that you bear, as the office of a bishop and pastor in relation to the souls of his flock. The second way in which commutative justice binds you to positive action, is when undue damage is likely to occur to another from some activity of yours. If, passing by, I see my neighbour's house on fire, not having contracted to watch it for him, and not having caused the fire myself, I am not bound in strict justice to warn him of his danger. I am bound indeed by charity, but that is not the point here. But if the fire has broken out from my careless use of fire, _commutative justice_ binds me to raise the alarm.

8. The most notable potential parts of Justice--Religion, Obedience, Truthfulness--enter into the treatise of Natural Law.

_Readings_.--Ar., _Eth_., V., i.; Plato, _Rep_., 433 A; _ib_., 443 C, D, E; St. Thos., 2a 2æ, q. 58, art. 2, in corp; _ib_., q. 58, art. 5; _ib_., q. 58, art. 6, in corp; _ib_., q. 58, art. 7; _ib_., q. 58, art 9, in corp.; _ib_., q. 61, art. 1, in corp.; _ib_., q. 61, art. 3, in corp.; Ar., _Eth_., V., ii., 12, 13; St. Thos., 2a 2æ, q. 62, art. 1, in corp., ad 2.

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