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实用主义观点： 惩罚的公正性

There are some who say, that it is unjust to punish any one for the sake of

example to others, that punishment is just, only when intended for the good of

the sufferer himself. Others maintain the extreme reverse, contending that to

punish persons who have attained years of discretion, for their own benefit, is

despotism and injustice, since if the matter at issue is solely their own good,

no one has a right to control their own judgment of it, but that they may justly

be punished to prevent evil to others, this being the exercise of the legitimate

right of self-defense. All these opinions are extremely plausible, and so long

as the question is argued as one of justice simply, without going down to the

principles which lie under justice and are the source of its authority, it is

unable to see how any of these reasoners can be refuted. For in truth each of

the two builds upon rules of justice confessedly true. The first appeals to the

acknowledged injustice of singling out an individual, and making a sacrifice,

without his consent, for other people’s benefit.

政策和公正性

Have mankind been under a delusion in thinking that justice is a more sacred

thing than policy, and that the latter ought only to be listened to after the

former has been satisfied? By no means. The exposition we have given of the

nature and origin of the sentiment, recognizes a real distinction, and no one of

those who profess the most sublime contempt for the consequences of actions as

an element in their morality, attaches more importance to the distinction than I

do. While I dispute the pretensions of any theory which sets up an imaginary

standard of justice not grounded on utility, I account the justice which is

grounded on utility to be the chief part, and incomparably the most sacred and

binding part, of all morality. Justice is a name for certain classes of moral

rules, which concern the essentials of human well-being more nearly, and are

therefore of more absolute obligation, than any other rules for the guidance of

life. And the notion which we have found to be of the essence of the idea of

justice, that of a right residing in an individual implies and testifies to this

more binding obligation.

亚里士多德观点： 自然法

Aristotle is often said to be the father of natural law. Like his

philosophical forefathers, Socrates and Plato, Aristotle posited the existence

of natural justice or natural right. His association with natural law is due

largely to the interpretation given to him by Thomas Aquinas. This was based on

Aquinas’ conflation of natural law and natural right, the latter of which

Aristotle posits in Book V of the Nicomachean Ethics. Aquinas’ influence was

such as to affect a number of early translations of these passages, though more

recent translations render them more literally.

Aristotle notes that natural justice is a species of political justice, viz.

the scheme of distributive and corrective justice that would be established

under the best political community; were this to take the form of law, this

could be called a natural law, though Aristotle does not discuss this and

suggests in the Politics that the best regime may not rule by law at all.