“…According to the Greatest Happiness Principle… the
ultimate end, with reference to and for the sake of which all other things are
desirable (whether we are considering our own good or that of other people), is
an existence exempt as far as possible from pain, and as rich as possible in
enjoyments, both in point of quantity and quality; the test of quality, and the
rule for measuring it against quantity, being the preference felt by those who
in their opportunities of experience, to which must be added their habits of
self-consciousness and self-observation, are best furnished with the means of
comparison. This, being, according to the utilitarian opinion, the end of
human action, is necessarily also the standard of morality; which may
accordingly be defined, the rules and precepts for human conduct, by the
observance of which an existence such as has been described might be, to the
greatest extent possible, secured to all mankind; and not to them only, but, so
far as the nature of things admits, to the whole sentient creation (253-4).
“…[T]o speak only of actions done from the motive of duty,
and in direct obedience to principle: it is a misapprehension of the
utilitarian mode of thought, to conceive it as implying that people should fix
their minds upon so wide a generality as the world, or society at large. The
great majority of good actions are intended not for the benefit of the world,
but for that of individuals, of which the good of the world is made up; and the
thoughts of the most virtuous man need not on these occasions travel beyond the
particular persons concerned, except so far as is necessary to assure himself
that in benefiting them he is not violating the rights, that is, the legitimate
and authorized expectations, of anyone else. The multiplication of happiness
is, according to the utilitarian ethics, the object of virtue: the occasions on
which any person (except one in a thousand) has it in his power to do this on
an extended scale, in other words to be a public benefactor, are but
exceptional; and on these occasions alone is he called on to consider public
utility; in every other case, private utility, the interest or happiness of
some few persons, is all he has to attend to. Those alone the influence of
whose actions extends to society in general, need concern themselves habitually
about large an object (260).
“…It is not the fault of any creed, but of the complicated
nature of human affairs, that rules of conduct cannot be so framed as to
require no exceptions, and that hardly any kind of action can safely be laid
down as either always obligatory or always condemnable. There is no ethical
creed which does not temper the rigidity of its laws, by giving a certain
latitude, under the moral responsibility of the agent, for accommodation to
peculiarities of circumstances; and under every creed, at the opening thus
made, self-deception and dishonest casuistry get in. There exists no moral
system under which there do not arise unequivocal cases of conflicting
obligation (266).
“…The internal sanction of duty, whatever our standard of
duty may be, is one and the same- a feeling in our own mind; a pain, more or
less intense, attendant on violation of duty, which in properly cultivated
moral natures rises, in the more serious cases, into shrinking from it as an
impossibility. This feeling, when disinterested, and connecting itself with the
pure idea of duty, and not with some particular form of it, or with any of the
merely accessory circumstances, is the essence of Conscience; though in that
complex phenomenon as it actually exists, the simple fact is in general all
encrusted over with collateral associations, derived from sympathy, from love,
and still more from fear; from all the forms of religious feeling; from the
recollections of childhood and of all our past life; from self-esteem, desire
of the esteem of others, and occasionally even self-abasement.
“This extreme complication is, I apprehend, the origin of the
sort of mystical character which, by a tendency of the human mind of which
there are many other examples, is apt to be attributed to the idea of moral
obligation, and which leads people to believe that the idea cannot possibly
attach itself to any other objects than those which, by a supposed mysterious
law, are found in our present experience to excite it. Its binding force,
however, consists in the existence of a mass of feeling which must be broken
through in order to do what violates our standard of right, and which, if we do
nevertheless violate that standard, will probably have to be encountered
afterwards in the form of remorse. Whatever theory we have of the nature or
origin of conscience, this is what essentially constitutes it (269).
“…Mankind are always predisposed to believe that any
subjective feeling, not otherwise accounted for, is a revelation of some
objective reality (283). [I]t 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 endeavoring to get it altered by competent authority (284).
“…Thirdly,
it is universally considered just that each person should obtain that (whether
good or evil) which he deserves; and unjust that he should obtain a good, or be
made to undergo an evil, which he does not deserve. This is, perhaps, the
clearest and most emphatic form in which the idea of justice is conceived by
the general mind. As it involves the notion of desert, the question arises,
what constitutes desert? Speaking in a general way, a person is understood to
deserve good if he does right, evil if he does wrong; and in a more particular
sense, to deserve good from those to whom he does or has done good, and evil
from those to whom he does or has done evil. The precept of returning good for
evil has never been regarded as a case of the fulfillment of justice, but as
one in which the claims of justice are waived, in obedience to other
considerations.
“Fourthly,
it is confessedly unjust to break faith with any one: to violate an engagement,
either express or implied, or disappoint expectations raised by our conduct, at
least if we have raised those expectations knowingly and voluntarily. Like the
other obligations of justice already spoken of, this one is not regarded as
absolute, but as capable of being overruled by a stronger obligation of justice
on the other side; or by such conduct on the part of the person concerned as is
deemed to absolve us from our obligation to him, and to constitute a forfeiture
of the benefit which he has been led to expect.
“Fifthly,
it is, by universal admission, inconsistent with justice to be partial; to show
favor or preference to one person over another, in matters to which favor and
preference do not properly apply (285).
”… In the more precise language of philosophic
jurists, duties of perfect obligation are those duties in virtue of which a
correlative right resides in some person or persons; duties of imperfect
obligation are those moral obligations which do not give birth to any right.
Justice implies something which it is not only right to do, and wrong not to
do, but which some individual person can claim from us as his moral right. No
one has a moral right to our generosity or beneficence, because we are not
morally bound to practice those virtues towards any given individual (290).
“…Wherever there is right, the case is one of justice, and
not of the virtue of beneficence: and whoever does not place the distinction
between justice and morality in general, where we have now placed it, will be
found to make no distinction between them at all, but to merge all morality in
justice (291).
“…When we call anything a person's right, we mean that he has
a valid claim on society to protect him in the possession of it, either by the
force of law, or by that of education and opinion (293).
“…To have a right, then, is, I conceive, to have something
which society ought to defend me in the possession of. If the objector goes on
to ask, why it ought? I can give him no other reason than general utility
(294).
“…[J]ustice is not some one rule, principle, or maxim, but
many, which do not always coincide in their dictates, and in choosing between
which, he is guided either by some extraneous standard, or by his own personal
predilections (294).
“…[J]ustice 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 (299).
“…The most marked cases of injustice, and those which give
the tone to the feeling of repugnance which characterizes the sentiment, are
acts of wrongful aggression, or wrongful exercise of power over some one; the
next are those which consist in wrongfully withholding from him something which
is his due; in both cases, inflicting on him a positive hurt, either in the
form of direct suffering, or of the privation of some good which he had
reasonable ground, either of a physical or of a social kind, for counting upon
(300).
“…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…
“Justice remains the appropriate name for certain social
utilities which are vastly more important, and therefore more absolute and
imperative, than any others are as a class (though not more so than others may
be in particular cases); and which, therefore, ought to be, as well as
naturally are, guarded by a sentiment not only different in degree, but also in
kind; distinguished from the milder feeling which attaches to the mere idea of
promoting human pleasure or convenience, at once by the more definite nature of
its commands, and by the sterner character of its sanctions” (304).
(1863)
Mill, John Stuart. Selected Writings of John Stuart
Mill, Ed. Maurice Cowling. New York: New American Library, 1968.
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