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公正的公理

Most of the maxims of justice current in the world, and commonly appealed to

in its transactions, are simply instrumental to carrying into effect the

principles of justice which we have now spoken of. That a person is only

responsible for what he has done voluntarily, or could voluntarily have avoided;

that it is unjust to condemn any person unheard; that the punishment ought to be

proportioned to the offence, and the like, are maxims intended to prevent the

just principle of evil for evil from being perverted to the infliction of evil

without that justification. The greater part of these common maxims have come

into use from the practice of courts of justice, which have been naturally led

to a more complete recognition and elaboration than was likely to suggest itself

to others, of the rules necessary to enable them to fulfill their double

function, of inflicting punishment when due, and of awarding to each person his

right.

公正是道德的要求

It appears from what has been said, that justice is a name for certain moral

requirements, which, regarded collectively, stand higher in the scale of social

utility, and are therefore of more paramount obligation, than any others, though

particular cases may occur in which some other

social duty is so important, as to overrule any one of the general maxims of

justice. Thus, to save a life, it may not only be allowable, but a duty, to

steal, or take by force, the necessary food or medicine, or to kidnap, and

compel to officiate, the only qualified medical practitioner. In such cases, as

we do not call anything justice which is not a virtue, we usually say, not that

justice must give way to some other moral principle, but that what is just in

ordinary cases is, by reason of that other principle, not just in the particular

case. By this useful accommodation of language, the character of indefeasibility

attributed to justice is kept up, and we are saved from the necessity of

maintaining that there can be laudable injustice.

公正是首要司法道德

That first of judicial virtues, impartiality, is an obligation of justice,

partly for the reason last mentioned; as being a necessary condition of the

fulfillment of the other obligations of justice. But this is not the only source

of the exalted rank, among human obligations, of those maxims of equality and

impartiality, which, both in popular estimation and in that of the most

enlightened, are included among the precepts of justice. In one point of view,

they may be considered as corollaries from the principles already lay down. If

it is a duty to do to each according to his deserts, returning good for good as

well as repressing evil by evil, it necessarily follows that we should treat all

equally well (when no higher duty forbids) who have deserved equally well of us,

and that society should treat all equally well who have deserved equally well of

it, that is, who have deserved equally well absolutely. This is the highest

abstract standard of social and distributive justice; towards which all

institutions, and the efforts of all virtuous citizens, should be made in the

utmost possible degree to converge. But this great moral duty rests upon a still

deeper foundation, being a direct emanation from the first principle of morals,

and not a mere logical corollary from secondary or derivative doctrines. It is

involved in the very meaning of utility, or the Greatest Happiness Principle.

That principle is a mere form of words without rational signification, unless

one person’s happiness, supposed equal in degree (with the proper allowance made

for kind), is counted for exactly as much as another’s. Those conditions being

supplied, Bentham’s dictum, “everybody to count for one, nobody for more than

one”, might be written under the principle of utility as an explanatory

commentary.