Suppose a nation, rich and poor, high and low, ten millions in number, all assembled together; not more than one or two millions will have lands, houses, or any personal property; if we take into the account the women and children, or even if we leave them out of the question, a great majority of every nation is wholly destitute of property, except a small quantity of clothes, and a few trifles of other movables. Would Mr. Nedham be responsible that, if all were to be decided by a vote of the majority, the eight or nine millions who have no property, would not think of usurping over the rights of the one or two millions who have? Property is surely a right of mankind as really as liberty. Perhaps, at first, prejudice, habit, shame or fear, principle or religion, would restrain the poor from attacking the rich, and the idle from usurping on the industrious; but the time would not be long before courage and enterprise would come, and pretexts be invented by degrees, to countenance the majority in dividing all the property among them, or at least, in sharing it equally with its present possessors. Debts would be abolished first; taxes laid heavy on the rich, and not at all on the others; and at last a downright equal division of every thing be demanded, and voted. What would be the consequence of this? The idle, the vicious, the intemperate, would rush into the utmost extravagance of debauchery, sell and spend all their share, and then demand a new division of those who purchased from them. The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If “Thou shalt not covet,” and “Thou shalt not steal,” were not commandments of Heaven, they must be made inviolable precepts in every society, before it can be civilized or made free. [ Defence of the Constitutions of Government of the United States , 1787; The Works of John Adams , edited by Charles Francis Adams. 10 vols. Boston: Little, Brown & Co., 1850-56.]
Five great intellectual professions have hitherto existed in every civilised nation: the soldier's, to defend it; the pastor's, to teach it; the physician's, to keep it in health; the lawyer's, to enforce justice in it; and the merchant's, to provide for it; and the duty of all these men is, on due occasion, to die for it.
The freest government cannot long endure when the tendency of the law is to create a rapid accumulation of property in the hands of a few, and to render the masses poor and dependent. [Quoted by Sinclair, The Cry for Justice .]
He had intellect to comprehend his highest duty distinctly, and force of character to do it; which of us dare ask for a higher summary of his life than that? For such a man there can be no fear in facing the great unknown, his life has been one long experience of the substantial justice of the laws by which this world is governed, and he will calmly trust to them still as he lays his head down for his long sleep.
One world, one mankind cannot exist in the face of six, four or even two scales of values: We shall be torn apart by this disparity of rhythm, this disparity of vibrations.… Our 20th Century has proved to be more cruel than preceding centuries, and the first fifty years have not erased all its horrors; our world is rent asunder by those same old cave-age emotions of greed, envy, lack of control, mutual hostility which have picked up in passing respectable pseudonyms like class struggle, radical conflict, struggle of the masses, trade-union disputes. The primeval refusal to accept a compromise has been turned into a theoretical principle and is considered the virtue of orthodoxy. It demands millions of sacrifices in ceaseless civil wars, it drums into our souls that there is no such thing as unchanging, universal concepts of goodness and justice, that they are all fluctuating and inconstant.… Violence, less and less embarrassed by the limits imposed by centuries of lawfulness, is brazenly and victoriously striding across the whole world, unconcerned that its infertility has been demonstrated and proved many times in history. What is more, it is not simply crude power that triumphs abroad, but its exultant justification. The world is being inundated by the brazen conviction that power can do anything, justice nothing.… The young, at an age when they have not yet any experience other than sexual, when they do not yet have years of personal suffering and personal understanding behind them, are jubilantly repeating our depraved Russian blunders of the 19th Century, under the impression that they are discovering something new. They acclaim the latest wretched degradation on the part of the Chinese Red Guards as a joyous example. In shallow lack of understanding of the age-old essence of mankind, in the naive confidence of inexperienced hearts they cry: Let us drive away those cruel, greedy oppressors, governments, and the new ones (we), having just laid aside grenades and rifles, will be just and understanding. Far from it.… But of those who have lived more and understand, those who could oppose these young—many do not dare oppose, they even suck up, anything not to appear conservative. Another Russian phenomenon of the 19th Century which Dostoyevsky called slavery to progressive quirks.… The timid civilized world has found nothing with which to oppose the onslaught of a sudden revival of barefaced barbarity, other than concessions and smiles.… The price of cowardice will only be evil. We shall reap courage and victory only when we dare to make sacrifices. [ The Wall Street Journal , September 6, 1972, p. 14.]
Property is surely a right of mankind as real as liberty. Perhaps, at first, prejudice, habit, shame or fear, principle or religion, would restrain the poor from attacking the rich, and the idle from usurping on the industrious; but the time would not be long before courage and enterprise would come, and pretexts be invented by degrees, to countenance the majority in dividing all the property among them, or at least, in sharing it equally with its present possessors. Debts would be abolished first; taxes laid heavy on the rich, and not at all on others; and at last a downright equal division of every thing be demanded, and voted. What would be the consequence of this? The idle, the vicious, the intemperate, would rush into the utmost extravagance of debauchery, sell and spend all their share, and then demand a new division of those who purchased from them. The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence .… [ The Works of John Adams , “A Defense of the Constitutions of Government in the United States of America,” by Charles Francis Adams, Vol. IX, Freeport, NY: Books for Libraries Press, pp. 376-377.]
: Justice is the constant and eternal purpose that renders to each his due. (Iustitia est constans et perpetua voluntas ius suum cuique tribuendi.) [ Corpus Iuris Civilis AD 533 — Law Code of Justinian.]
Revenge is a kind of wild justice, which the more man's nature runs to, the more ought law to weed it out.
There’s the law and then there’s justice. They are not the same.
Our magistrates are well aware of this mystery. Their scarlet robes, the ermine in which they wrap themselves like furred cats, the halls in which they administer justice, the _fleurs-de-lis_, and all their august apparatus are most necessary; if the doctors had not their cassocks and their mules, if the lawyers had not their square caps, and their robes four times too wide, they would never have duped the world, which cannot resist so authoritative an appearance. Soldiers alone are not disguised after this fashion, because indeed their part is the more essential, they establish themselves by force, the others by fraud.
I build no system. I ask an end to privilege, the abolition of slavery, equality of rights, and the reign of law. Justice, nothing else; that is the alpha and omega of my argument: to others I leave the business of governing the world.
Addere legi justitiam decus=--It is to one's honour to combine justice with law.
Habeas corpus=--A writ to deliver one from prison, and show reason for his detention, with a view to judge of its justice,
Vir bonus est quis? / Qui consulta patrum, qui leges juraque servat=--What man is to be called good? He who obeys the decrees of the fathers, he who respects the laws and justice.
Je mehr Gesetze, je weniger Recht=--The more laws, the less justice.
The first priority of humankind in this era is to establish an effective system of world law that will assure peace with justice among the peoples of the world.
Extreme justice is an extreme injury: for we ought not to approve of those terrible laws that make the smallest offences capital, nor of that opinion of the Stoics that makes all crimes equal; as if there were no difference to be made between the killing a man and the taking his purse, between which, if we examine things impartially, there is no likeness nor proportion.
Mittimus=--We send. A writ for transferring records from one court to another; a precept committing an accused person to prison by a justice of the peace.
Howbeit, this one thing, son, I assure you on my faith, that if the parties will at hands call for justice, then, all were it my father stood on the one side, and the devil on the other, his cause being good, the devil should have right. [To a son-in-law, reported by Nicholas Harpsfield in his The Life and Death of Sir Thomas More, Knight, Sometime Lord High Chancellor of England, Written in the Time of Queen Mary by Nicholas Harpsfield , in Roper & Harpsfield, Live of Saint Thomas More . London: J. M. Dent & Sons Ltd., 1969, p. 83.]
We must not conclude merely upon a man's haranguing upon liberty, and using the charming sound, that he is fit to be trusted with the liberties of his country. It is not unfrequent to hear men declaim loudly upon liberty, who, if we may judge by the whole tenor of their actions, mean nothing else by it but their own liberty, — to oppress without control or the restraint of laws all who are poorer or weaker than themselves. It is not, I say, unfrequent to see such instances, though at the same time I esteem it a justice due to my country to say that it is not without shining examples of the contrary kind; — examples of men of a distinguished attachment to this same liberty I have been describing; whom no hopes could draw, no terrors could drive, from steadily pursuing, in their sphere, the true interests of their country; whose fidelity has been tried in the nicest and tenderest manner, and has been ever firm and unshaken. The sum of all is, if we would most truly enjoy this gift of Heaven, let us become a virtuous people.
The law is a sort of hocus-pocus science, that smiles in yer face while it picks yer pocket; and the glorious uncertainty of it is of mair use to the professors than the justice of it.
(Professor of law emeritus at Loyola Law School in Los Angeles). Consider the Constitution. What we have here is a grim reminder that the liberties protected by the Bill of Rights are not neatly divisible into “property rights” and “personal liberties.” Even where the invasion is “only” of one’s property rights, it often implicates violation of other rights as well, even the right to life itself. Here is an object lesson that where one category of fundamental constitutional rights is not secure from governmental overreaching, neither are the others. All of which brings to mind the insight of the late U.S. Supreme Court Justice Potter Stewart, who observed in 1972 that “the dichotomy between personal liberties and property rights is a false one. Property does not have rights. People have rights. In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other.” And if that is not enough, reflect on the fact that there are no societies in the world where a high degree of personal and political liberty does not correlate strongly with economic liberty. There may well be a moral in that too. [“Rule of Law,” The Wall Street Journal, August 25, 1993, p. A9.]
In whichever way we look at the matter, morality is based on feeling, not on reason; though reason alone is competent to trace out the effects of our actions and thereby dictate conduct. Justice is founded on the love of one's neighbour; and goodness is a kind of beauty. The moral law, like the laws of physical nature, rests in the long run upon instinctive intuitions, and is neither more nor less "innate" and "necessary" than they are. Some people cannot by any means be got to understand the first book of Euclid; but the truths of mathematics are no less necessary and binding on the great mass of mankind. Some there are who cannot feel the difference between the "Sonata Appassionata" and "Cherry Ripe"; or between a grave-stone-cutter's cherub and the Apollo Belvidere; but the canons of art are none the less acknowledged. While some there may be, who, devoid of sympathy, are incapable of a sense of duty; but neither does their existence affect the foundations of morality. Such pathological deviations from true manhood are merely the halt, the lame, and the blind of the world of consciousness; and the anatomist of the mind leaves them aside, as the anatomist of the body would ignore abnormal specimens.
_Injustice._--It is dangerous to say to the people that the laws are not just, for men obey them only because they think them just. Therefore it is necessary to say at the same time that they must be obeyed because they are laws, as superiors must be obeyed, not because they are just, but because they are superiors. All sedition is averted, if this principle be established and it be understood what is rightly the definition of justice.
There is no evasion of this moral responsibility of all the nations and especially of the most powerful nations for that peace and justice which, together with the security of one’s own nation, is the object of foreign policy. Too many people who eagerly draw up perfect blueprints for world organization are secretly influenced by the expectation that after the establishment of such legal institutions they will get rid of the continuous responsibility of a burdensome foreign policy. They have fallen into the same fallacy as the classical liberal economists, namely, that if a certain set of legal institutions should be introduced, then out of the individuals’ efforts to pursue their unrestricted self-interest the social harmony would automatically ensue. The result was, of course, not social harmony but the power struggle of collective interests, class struggles, and the like. If in the national order the merely legalistic concept of the state according to the liberal pattern is impossible, a complete juridification of the international order will be even less possible. On World Peace, Justice and Charity . Too many of the planners, moreover, have an optimistic though mechanistic psychology according to which man is the creature of his institutional environment, that is, he is a bundle of causal reactions to the primary acting environmental and objective institutional factors. But this psychology of determinism forgets that man is conditioned and motivated, but not causally determined, by these institutional factors. There remains a residual sphere beyond all causal determinations, where man is morally free and can become truly culpable, not innocently guilty as in the ancient tragedy. [Sophocles’ “Oedipus Trilogy”] Sometimes this over-all juridification is caused by a tacit rejection of man’s moral nature. And contradictions appear, such as this, that Hitler is wholly explained causally as the effect of causes that are sociological, institutional, and so on, and yet considered personally and morally guilty. Politics is an integral part of ethics, as is law. Arbitrary power must be controlled by positive law. But, that law may be enabled to do so, it must itself be backed by power responsible to the moral ideas, to the national common good. The strife among nations can be best settled if the universal law of morality, the principles of natural law as the unwritten constitution of the international community, are commonly accepted. For then power is put in the service of the fundamental moral ideas. And there is no evasion of the principle that the greater the power, influence, and prestige of a nation, the greater is its responsibility for peace and justice. Moreover, the less can this responsibility be shifted to any legal institution, however abstractly perfect, and the nation still hope to return securely to a splendid isolation and to the sole pursuit of its own national happiness. On the other hand, only after the powerful nations are ready to accept in mutual understanding their direct and inseparable responsibility for peace, only then will the legal institution work. But just as important is the perpetual will to establish justice, that is, to work for changes of the actual status quo when it has become an obviously unjust status, the continuation of which would endanger the peace of the world. Peace is the work of justice. Hence it will always be this moral will to justice that gives the legal institutions power. Without this moral will and concordant responsibility, the institutions will be empty hulks, a derision of the idea of law. Though peace, the tranquility of the order, is the work of justice, justice itself ought to be vivified by charity, based on the common brotherhood of men and on the common fatherhood of God. These three — charity vivifying justice, justice working peace, and peace being tranquility of the order — by permeating and inspiring the legal institutions, are the real guaranty for the peace of the world. [“World Peace”, The State in Catholic Thought , IV.xxxii.vii.]
There is but one law for all; namely, that law which governs all law — the law of our Creator, the law of humanity, justice, equity; the law of nature and of nations. [January 9, 1795. Needs citation.]
Must I at length the Sword of Justice draw? Oh curst Effects of necessary Law! How ill my Fear they by my Mercy scan, Beware the Fury of a Patient Man.
It would be very singular if this great shad-net of the law did not enable men to catch at something, balking for the time the eternal flood-tide of justice.--_Chapin._
Oh, admirable justice of thine, thou first mover! thou hast not permitted that any tone should fail to produce its necessary effects, either as regards order or quantity. Seeing that a force impels an object which it overcomes a distance of one hundred arms' length, and if in obeying this law it meets with resistance, thou hast ordained that the force of the shock will cause afresh a further movement, which in its various bounds recuperates the whole sum of the distance it should have travelled. And if you measure the distance {148} accomplished by the aforesaid bounds you will find that they equal the length of distance through which a similar object set in motion by an equal force would travel freely through the air.
“In the shadow of the old order, a small, spirited group of Americans campaigned audaciously to construct a new order — the U.S. economy reorganized around Louis Kelso’s revolutionary principle of universal capital ownership. The revolution, these ambitious activists decided, ought to begin right in the nation’s capital — Washington, D.C. — a city mired in financial insolvency, with accelerating social and economic deterioration, with extremes of wealth and poverty as stark as any found in America. Under congressional oversight, the District of Columbia could become the laboratory, they thought, the place where Kelso’s ideas were actually applied. If the concept worked for D.C., every city and region in America would want to emulate it…. The power of Louis Kelso’s vision… has attracted an odd assortment of converts-idealists from right and left and from across the usual racial and religious divides, people who believed Kelso’s thinking held the key for renewing American society. Some of them joined with [Norman] Kurland in his Center for Economic and Social Justice to promote a daring experiment: Congress should designate the District of Columbia a “super empowerment zone” that would launch new enterprises and industries (and privatize some governmental functions) through Kelso’s mechanism of citizen and worker ownership trusts. new economic development would be attracted to D.C., not by tax subsidies or relaxed laws, but because low-interest capital credit would be available to the community trusts-cheap credit provided through the Federal Reserve’s discount lending. [ One World, Ready or Not: The Manic Logic of Global Capitalism , Chapter 18, pp. 432-433.]
One of the greatest disasters that happened to modern civilization was for democracy to inscribe “liberty” on its banners instead of “;justice.” Because “liberty” was considered the ideal it was not long until some men interpreted it as meaning “freedom from justice”; then when religion and decent government attempted to bring them back to justice, organized into “freedom groups” they protested that their constitutional and natural rights were being violated. The industrial and social injustice of our era is the tragic aftermath of democracy’s overemphasis on freedom as the “right to do whatever you please.” No, freedom means the right to do what you ought , and ought implies law, and law implies justice, and justice implies God. So too in war, a nation that fights for freedom divorced from justice has no right to war, because it does not know why it wants to be free, or why it wants anyone else to be free. [Catholic Hour broadcast, January 5, 1941.]
I am not the law, but I represent justice so far as my feeble powers go.
It is admitted that justice is not in these customs, but that it resides in natural laws common to every country. This would no doubt be maintained with obstinacy if the rash chance which has disseminated human laws had lighted upon even one that is universal, but the singularity of the matter is that owing to the vagaries of human caprice there is not one.
Certainly had he known it, he would not have established the maxim, most general of all current among men, that every one must conform to the manners of his own country; the splendour of true equity would have brought all nations into subjection, and legislators would not have taken as their model the fancies and caprice of Persians and Germans instead of stable justice. We should have seen it established in all the States of the world, in all times, whereas now we see neither justice nor injustice which does not change its quality upon changing its climate. Three degrees of latitude reverse all jurisprudence, a meridian decides what is truth, fundamental laws change after a few years of possession, right has its epochs, the entrance of Saturn into the Lion marks for us the origin of such and such a crime. That is droll justice which is bounded by a stream! Truth on this side of the Pyrenees, error on that.