There may be some difference of opinion in regard to the propriety of including justice among the affections; but it seems to be more nearly allied to them than to any of the other classes of moral emotions which have been mentioned, and it may, therefore, as a mere matter of arrangement, be conveniently introduced here. Strictly speaking, it might perhaps be considered as a combined operation of an affection and the moral principle; but this is matter of speculation alone. The important consideration relating to it is,—that, in whatever manner it arises, the sense of Justice is a primary and essential part of our moral constitution, conveying the distinct impression of certain conduct which a man owes to his fellow-men, without regard to any considerations of a personal nature, and apart from all positive enactments or laws, either divine or human. The requirements of Justice embrace certain points in which every man has an absolute right, and in regard to which it is the absolute duty of every other man not to interfere with him. These rights have usually been divided into three classes;—what I have a right to possess, and no man has any right to take from me,—what I have a right to do, and no man has any title to prevent me from doing,—what I have a right to expect from other men, and it is their absolute duty to perform. These principles form the basis of what is called Natural Jurisprudence, a code of relative duty deriving its authority from impressions which are found in the moral feelings of all mankind, without regard to the enactments of any particular civil society. In the actual arrangements of civil communities, these great principles of justice are combined with others which are derived merely from utility or expediency, as calculated to promote the peace or the advantage of the community. These may differ in different countries, and they cease to be binding when the enactments on which they rest are abrogated or changed. But no difference of place can alter, and no laws can destroy, the essential requirements of justice.
In these observations, it will be remarked, the word Justice is used as expressing a principle of individual character; and it is in this sense that it is to be properly classed with the affections. The term is employed in another sense, namely, that of distributive and corrective justice, which regulates the claims of individuals in a community, requires restitution or compensation for any deviation from such claims, or punishes those who have violated them. It is in the former sense that justice is properly to be considered as a branch of the philosophy of the moral feelings; but the same general principles apply to both.
The sense of Justice, therefore, consists in a feeling experienced by every man, of a certain line of conduct which he owes to other men in given circumstances; and this seems to be referable to the following heads,—attending to their interest,—not interfering with their freedom of action,—preserving their reputation,—estimating their character and motives,—judging of their opinions,—consulting their feelings,—and preserving or improving their moral condition. As a guide for his conduct in particular instances, a man has usually a distinct impression of what he thinks due by other men towards himself; justice requires that he rigidly extend to others the same feelings and conduct which, in similar circumstances, he expects from them.
(1.) Justice is due to the persons, property, and interest of others. This constitutes Integrity or Honesty. It, of course, implies abstaining from every kind of injury, and preserving a conscientious regard to their rights. In this last respect, it allows us to exercise a prudent attention to our own interest, provided the means be fair and honourable, and that we carefully abstain from injuring others by the measures we employ for this purpose. The great rule for our guidance, in all such cases, is found in the immutable principles of moral rectitude; the test of our conduct in regard to individual instances is, that it be such as, were our own interest concerned, we should think fair and honourable in other men.
(2.) Justice requires us not to interfere with the freedom of action of others. This constitutes personal liberty;—but in all civil communities the right is liable to certain restrictions;—as when a man uses his freedom of action to the danger or injury of other men. The principles of justice may also recognise a man's surrendering, to a certain extent, his personal liberty, by mutual and voluntary compact, as in the case of servants, apprentices, soldiers, &c.; but they are opposed to slavery, in which the individual concerned is not a party to the arrangement.
(3.) Justice enjoins a regard to the reputation of others. This consists in avoiding every thing that could be injurious to their good name, either by direct evil speaking, or such insinuations as might give rise to suspicion or prejudice against them. It must extend also to the counteracting of such insinuations, when we hear them made by others, especially in circumstances in which the individual injured has no opportunity of defending himself. It includes, farther, that we do not deny to others, even to rivals, any praise or credit which is justly due to them. There is, however, one modification, equally consistent with justice, to which the former of these rules is liable; namely, that, in certain cases, we may be required to make a statement prejudicial to an individual, when duty to a third party or to the public makes it incumbent on us to do so. In such a case, a person guided by the rules of justice will go no farther than is actually required by the circumstances; and will at all times beware of propagating a report injurious to another, though he should know it to be strictly true, unless he is called upon by special duty to communicate it.
(4.) Justice requires us not only to avoid injuring an individual in the estimation of other men, but to exercise the same fairness in forming our own opinion of his character, without being misled or biased by passion or prejudice. This consists in estimating his conduct and motives with calmness and impartiality; in regard to particular instances, making full allowance for the circumstances in which he was placed, and the feelings by which he was, or might be, at the time, naturally influenced. When an action admits of being referred to different motives, justice consists in taking the more favourable view, if we can do so with strict regard to truth, instead of harshly and hastily assigning a motive which is unworthy. Such justice in regard to character and motives we require to exercise with peculiar care, when the conduct referred to has been in any way opposed to our own self-love. In these cases we must be especially on our guard against the influence of the selfish principle, which might lead to partial and distorted views of actions and motives, less favourable to others, and more favourable to ourselves, than justice warrants. When viewed in this manner, we may often perceive, that conduct, which gave rise to emotions of displeasure as injurious to us, was fully warranted by some conduct on our own part, or was required by some higher duty which the individual owed to another.
(5.) Justice is to be exercised in judging of the opinions and statements of others. This constitutes Candour. It consists in giving a fair and deliberate hearing to opinions, statements, and arguments, and weighing fairly and honestly their tendency. It is, therefore, opposed to prejudice, blind attachment to preconceived opinions, and that narrow disputatious spirit which delights in captious criticism, and will hear nothing with calmness that is opposed to its own views; which distorts or misrepresents the sentiments of its opponents, ascribing them to unworthy motives, or deducing from them conclusions which they do not warrant. Candour, accordingly, may be considered as a compound of justice and the love of truth. It leads us to give due attention to the opinions and statements of others,—in all cases to be chiefly solicitous to discover truth, and, in statements of a mixed character, containing perhaps much error and fallacy, anxiously to discover and separate what is true. It has accordingly been remarked, that a turn for acute disputation, and minute and rigid criticism, is often the characteristic of a contracted and prejudiced mind; and that the most enlarged understandings are always the most indulgent to the statements of others,—their leading object being to discover truth.
(6.) Justice is due to the feelings of others; and this applies to many circumstances which do not affect either their interest or their reputation. Without injuring them in any of these respects, or in our own good opinion, we may behave to them in such a manner as to wound their feelings. There are minds of an extreme delicacy, which, in this respect, are peculiarly sensitive;—towards these a person of correct feelings strives to conduct himself with suitable tenderness. We may find, however, persons of honest and upright minds, who would shrink from the least approach to real injury, but yet neglect the necessary attention to the feelings; and may even confer a real benefit in such a manner as to wound the individual to whom they intended kindness. The lower degrees of this principle pertain to what is called mere good breeding, which has been defined "benevolence in trifles;" but the higher degrees may restrain from conduct which, without any real injury, inflicts permanent pain. To this head we may perhaps also refer a due regard to the estimate which we lead a man to form of himself. This is opposed to flattery on the one hand, and on the other to any unnecessary depreciation of his character. Flattery indeed is also to be considered as a violation of veracity.
(7.) While, upon the principles which have been referred to, we abstain from injuring the interests, the reputation, or the feelings of others, there is another class of injuries, of still higher magnitude, which the conscientious mind will avoid with peculiar anxiety, namely, injuries done to the moral principles of other men. These form a class of offences of which no human law takes any adequate cognizance, but we know that they possess a character of the deepest malignity. Deep guilt attaches to the man who, by persuasion or ridicule, has unhinged the moral feelings of another, or has been the means of leading him astray from the paths of virtue. Of equal, or even greater malignity, is the aspect of the writer, whose works have contributed to violate the principles of truth and rectitude,—to pollute the imagination, or corrupt the heart. Inferior offenders are promptly seized by public authority, and suffer the award of public justice; but the destroyer of the moral being often walks securely through his own scene of moral discipline, as if no power could reach the measure of his guilt but the hand of the Eternal.
To the same head we are to assign the extensive and important influence of example. There are few men who have not in this respect some power, but it belongs more particularly to persons in situations of rank and public eminence. It is matter of deep regret, both to the friend of virtue and the friend of his country, when any of these are found manifesting disregard to sacred things, or giving an air of fashion to what is calculated to corrupt the moral principles of the unthinking classes of society. If they are restrained by no higher motive, the feelings of patriotism, and even of personal safety, ought to produce a solemn caution; and it becomes them seriously to consider, whether they may not thus be sowing among the ignorant multitude the seeds of tumult, revolution, and anarchy.