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utilitarianism-第13章

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own; that the will to do right ought to be cultivated into this habitual independence。 In other words; this state of the will is a means to good; not intrinsically a good; and does not contradict the doctrine that nothing is a good to human beings but in so far as it is either itself pleasurable; or a means of attaining pleasure or averting pain。   But if this doctrine be true; the principle of utility is proved。 Whether it is so or not; must now be left to the consideration of the thoughtful reader。                             Chapter 5             On the Connection between Justice and Utility。

  IN ALL ages of speculation; one of the strongest obstacles to the reception of the doctrine that Utility or Happiness is the criterion of right and wrong; has been drawn from the idea of justice。 The powerful sentiment; and apparently clear perception; which that word recalls with a rapidity and certainty resembling an instinct; have seemed to the majority of thinkers to point to an inherent quality in things; to show that the just must have an existence in Nature as something absolute; generically distinct from every variety of the Expedient; and; in idea; opposed to it; though (as is commonly acknowledged) never; in the long run; disjoined from it in fact。   In the case of this; as of our other moral sentiments; there is no necessary connection between the question of its origin; and that of its binding force。 That a feeling is bestowed on us by Nature; does not necessarily legitimate all its promptings。 The feeling of justice might be a peculiar instinct; and might yet require; like our other instincts; to be controlled and enlightened by a higher reason。 If we have intellectual instincts; leading us to judge in a particular way; as well as animal instincts that prompt us to act in a particular way; there is no necessity that the former should be more infallible in their sphere than the latter in theirs: it may as well happen that wrong judgments are occasionally suggested by those; as wrong actions by these。 But though it is one thing to believe that we have natural feelings of justice; and another to acknowledge them as an ultimate criterion of conduct; these two opinions are very closely connected in point of fact。 Mankind are always predisposed to believe that any subjective feeling; not otherwise accounted for; is a revelation of some objective reality。 Our present object is to determine whether the reality; to which the feeling of justice corresponds; is one which needs any such special revelation; whether the justice or injustice of an action is a thing intrinsically peculiar; and distinct from all its other qualities; or only a combination of certain of those qualities; presented under a peculiar aspect。 For the purpose of this inquiry it is practically important to consider whether the feeling itself; of justice and injustice; is sui generis like our sensations of colour and taste; or a derivative feeling; formed by a combination of others。 And this it is the more essential to examine; as people are in general willing enough to allow; that objectively the dictates of justice coincide with a part of the field of General Expediency; but inasmuch as the subjective mental feeling of justice is different from that which commonly attaches to simple expediency; and; except in the extreme cases of the latter; is far more imperative in its demands; people find it difficult to see; in justice; only a particular kind or branch of general utility; and think that its superior binding force requires a totally different origin。   To throw light upon this question; it is necessary to attempt to ascertain what is the distinguishing character of justice; or of injustice: what is the quality; or whether there is any quality; attributed in common to all modes of conduct designated as unjust (for justice; like many other moral attributes; is best defined by its opposite); and distinguishing them from such modes of conduct as are disapproved; but without having that particular epithet of disapprobation applied to them。 If in everything which men are accustomed to characterise as just or unjust; some one common attribute or collection of attributes is always present; we may judge whether this particular attribute or combination of attributes would be capable of gathering round it a sentiment of that peculiar character and intensity by virtue of the general laws of our emotional constitution; or whether the sentiment is inexplicable; and requires to be regarded as a special provision of Nature。 If we find the former to be the case; we shall; in resolving this question; have resolved also the main problem: if the latter; we shall have to seek for some other mode of investigating it。

  To find the common attributes of a variety of objects; it is necessary to begin by surveying the objects themselves in the concrete。 Let us therefore advert successively to the various modes of action; and arrangements of human affairs; which are classed; by universal or widely spread opinion; as Just or as Unjust。 The things well known to excite the sentiments associated with those names are of a very multifarious character。 I shall pass them rapidly in review; without studying any particular arrangement。   In the first place; it is mostly considered unjust to deprive any one of his personal liberty; his property; or any other thing which belongs to him by law。 Here; therefore; is one instance of the application of the terms just and unjust in a perfectly definite sense; namely; that it is just to respect; unjust to violate; the legal rights of any one。 But this judgment admits of several exceptions; arising from the other forms in which the notions of justice and injustice present themselves。 For example; the person who suffers the deprivation may (as the phrase is) have forfeited the rights which he is so deprived of: a case to which we shall return presently。 But also;   Secondly; the legal rights of which he is deprived; may be rights which ought not to have belonged to him; in other words; the law which confers on him these rights; may be a bad law。 When it is so; or when (which is the same thing for our purpose) it is supposed to be so; opinions will differ as to the justice or injustice of infringing it。 Some maintain that no law; however bad; ought to be disobeyed by an individual citizen; that his opposition to it; if shown at all; should only be shown in endeavouring to get it altered by competent authority。 This opinion (which condemns many of the most illustrious benefactors of mankind; and would often protect pernicious institutions against the only weapons which; in the state of things existing at the time; have any chance of succeeding against them) is defended; by those who hold it; on grounds of expediency; principally on that of the importance; to the common interest of mankind; of maintaining inviolate the sentiment of submission to law。 Other persons; again; hold the directly contrary opinion; that any law; judged to be bad; may blamelessly be disobeyed; even though it be not judged to be unjust; but only inexpedient; while others would confine the licence of disobedience to the case of unjust laws: but again; some say; that all laws which are inexpedient are unjust; since every law imposes some restriction on the natural liberty of mankind; which restriction is an injustice; unless legitimated by tending to their good。 Among these diversities of opinion; it seems to be universally admitted that there may be unjust laws; and that law; consequently; is not the ultimate criterion of justice; but may give to one person a benefit; or impose on another an evil; which justice condemns。 When; however; a law is thought to be unjust; it seems always to be regarded as being so in the same way in which a breach of law is unjust; namely; by infringing somebody's right; which; as it cannot in this case be a legal right; receives a different appellation; and is called a moral right。 We may say; therefore; that a second case of injustice consists in taking or withholding from any person that to which he has a moral right。   Thirdly; it is universally considered just that each person should obtain that (whether good or evil) which he deserves; and unjust that he 
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