All that I have tried to do, so far, is to show that the bare doctrine

of equality, which is in some way connected with the demand for

justice, is not, of necessity, either unjust or impracticable. It

may be used to cover claims which are unjust, to sanction bare

confiscation, to take away motives for industry, and, briefly, may be a

demand of the drones to have an equal share of the honey. From the bare

abstract principle of equality between men, we can, in my own opinion,

deduce nothing; and, I do not think that the principle can itself be

established. That is why it is made a first principle, or, in other

words, one which is not to be discussed. The French revolutionists

treated it in this way as _à priori_ and self-evident. No school was in

more deadly opposition to such _à priori_ truths than the school of

Bentham and the utilitarians. Yet, Bentham's famous doctrine, that in

calculating happiness each man is to count for one, and nobody for more

than one, seems to be simply the old principle in a new disguise. James

Mill applied the doctrine to politics. J. S. Mill again applied it,

with still more thoroughness, especially in his doctrine of

representation and of the equality of the sexes. Accordingly, various

moralists have urged that this was an inconsistency in utilitarian

doctrine, implying that they, too, could make _à priori_ first

principles when they wanted them. It has become a sort of orthodox

dogma with radicals, who do not always trouble themselves about a

philosophical basis, and is applied with undoubting confidence to many

practical political problems. "One man, one vote" is not simply the

formulation of a demand, but seems to intimate a logical ground for the

demand. If, in politics, one man is rightfully entitled to one vote, is

it not also true that, in economics, one man should have a right to one

income, or, that money, like political power, should be distributed

into precisely equal shares? Yet, why are we to take for granted the

equality of men in the sense required for such deductions? Since men

are not equally qualified for political power, it would seem better

_primâ facie_ that each man should have the share of power and

wealth which corresponds to his powers of using, or, perhaps, to his

powers of enjoying. Why should we not say, "To each man according to

his deserts"? One practical reason, of course, is the extreme

difficulty of saying what are the deserts, and how they are to be

ascertained. Undoubtedly, equality is the shortest and simplest way

but, if we take it merely as the most convenient assumption, it loses

its attractive appearance of abstract justice or _à priori_

self-certainty. Do a common labourer and Mr. Gladstone deserve the same

share of voting power? If not, how many votes should Mr. Gladstone

possess to give him his just influence? To ask such questions is to

show that answering is impossible, though political theorists have, now

and then, tried to put together some ostensible pretext for an answer.

What, let us ask, is the true relation between justice and equality? A

judge, to take the typical case, is perfectly just when he ascertains

the facts by logical inferences from the evidence, and then applies the

law in the spirit of a scientific reasoner. Given the facts, what is

the rule under which they come? To answer that question, generally

speaking, is his whole duty. In other words, he has to exclude all

irrelevant considerations, such as his own private interests or

affections. The parties are to be to him merely A and B, and he has to

work out the result as an arithmetician works out a sum. Among the

irrelevant considerations are frequently some moral aspects of the

case. A judge, for example, decides a will to be valid or invalid

without asking whether the testator acted justly or unjustly in a moral

sense, but simply whether his action was legal or illegal. He cannot go

behind the law, even from motives of benevolence or general maxims of

justice, without being an unjust judge. Cases may arise, indeed, as I

must say in passing, in which this is hardly true. A law may be so

flagrantly unjust that a virtuous judge would refuse to administer it.

One striking case was that of the fugitive slave law in the United

States, where a man had to choose between acting legally and outraging

humanity. So we consider a parent unjust who does not leave his fortune

equally among his children. Unless there should be some special reason

to the contrary, we shall hold him to be unfair for making distinctions

out of mere preference of one child to another. Yet in the case of

primogeniture our opinion would have to be modified. Supposing, for

example, a state of society in which primogeniture was generally

recognised as desirable for public interests, we could hardly call a

man unjust for leaving his estates to his eldest son. If, in such a

state, a man breaks the general rule, our judgment of his conduct would

be determined perhaps by considering whether he was before or behind

his age, whether he was acting from a keener perception of the evils of

inequality or actuated by spite or regardless of the public interests

which he believed to be concerned. A parent treats his children equally

in his will in regard to money; but he does not, unless he is a fool,

give the same training or the same opening to all his children, whether

they are stupid or clever, industrious or idle. But what I wish to

insist upon is, that justice implies essentially indifference to

irrelevant considerations, and therefore, in many cases, equality in

the treatment of the persons concerned. A judge has to decide without

reference to bribes, and not be biassed by the position of an accused

person. In that sense he treats the men equally, but of course he does

not give equal treatment to the criminal and innocent, to the rightful

and wrongful claimant.

The equality implied in justice is therefore to be understood as an

exclusion of the irrelevant, and thus supposes an understanding as to

what is irrelevant. It is not a mere abstract assertion of equality;

but the assertion that, in a given concrete case, a certain rule is to

be applied without considering anything outside of the rule. An ideally

perfect rule would contain within itself a sufficient indication of

what is to be relevant. All men of full age, sound mind, and so forth,

are to be treated in such and such a way. Then all cases falling within

the rule are to be decided on the same principles, and in that sense

equally. But the problem remains, what considerations should be taken

into account by the rule itself? Let us put the canon of equality in a

different shape, namely, that there should always be a sufficient

reason for any difference in the treatment of our fellows. This rule

does not imply that I should act in all cases as though all men were

equal in character or mind, but that my action should in all cases be

justified by some appropriate consideration. It does not prove that

every man should have a vote, but that if one man has a vote and

another has not, there should be some adequate reason for the

difference. It does not prove that every man should work eight hours a

day and have a shilling an hour; but that differences of hours or of

pay and, equally, uniformity of hours and pay, should have some

sufficient justification. This is a deeper principle, which in some

cases justifies and in others does not justify the rule of equality.

The rule of equality follows from it under certain conditions, and has

gained credit because, in point of fact, those conditions have often

been satisfied.

The revolutionary demand for equality was, historically speaking, a

protest against arbitrary inequality. It was a protest against the

existence of privileges accompanied by no duties. When the rich man

could only answer the question, "What have you done to justify your

position?" by the famous phrase of Beaumarchais, "I took the trouble to

be born," he was obviously in a false position. The demand for a

society founded upon reason, in this sense that a sufficient reason

should be given for all differences, was, it seems to me, perfectly

right; and, moreover, was enough to condemn the then established

system. But when this demand has been so constructed as to twist a

logical rule, applicable to all scientific reasoning, into a dogmatic

assertion that certain concrete beings were in fact equal, and to infer

that they should have equal rights, it ceased to be logical at all, and

has been a fruitful parent of many fallacies. Reasonable beings require

a sufficient reason for all differences of conduct, for the difference

between their treatment of a man and a monkey or a white man and a

black, as well as for differences between treatment of rich and poor or

wise men and fools; and there must, as the same principle implies, be

also a sufficient reason for treating all members of a given class

equally. We have to consider whether, for any given purpose, the

differences between human beings and animals, Englishmen and negroes,

men and women, are or are not of importance for our purpose. When the

differences are irrelevant we neglect them or admit the claim to

equality of treatment. But the question as to relevance is not to be

taken for granted either way. It would be a very convenient but a very

unjustifiable assumption in many cases, as it might save an astronomer

trouble if he assumed that every star was equal to every other star.

The application of this is, I think, obvious. The _â priori_

assumption of the equality of men is, in some sense, easily refuted.

But the refutation does not entitle us to assume that arbitrary

inequality, inequality for which no adequate ground can be assigned, is

therefore justifiable. It merely shows that the problem is more complex

than has been assumed at first sight. "All men ought to be equal." If

you mean equal in natural capacity or character, it is enough to say

that what is impossible cannot be. If you propose that the industrious

and idle, the good and bad, the wise and foolish, should share equally

in social advantages, the reply is equally obvious, that such a scheme,

if possible, would be injurious to the qualities on which human welfare

depends. If you say that men should be rewarded solely according to

their intrinsic merits, we must ask, do you mean to abstract from the

adventitious advantages of education, social surroundings, and so

forth, or to take men as they actually are, whatever the circumstances

to which their development is owing? To ask what a man would have been

had he been in a different position from his youth, is to ask for an

impossible solution, and one, moreover, of no practical bearing. I

shall not employ a drunkard if I am in want of a butler, whether he has

become a drunkard under overpowering temptation or become a drunkard

from inherited dipsomania. But if, on the other hand, I take the man

for what he is, without asking how he has come to be what he is, I

leave the source at least of all the vast inequalities of which we

complain. The difficulty, which I will not try to develop further,

underlies, as I think, the really vital difference of method by which

different schools attempt to answer the appeal for social justice.

The school of so-called individualists finds, in fact, that equality in

their sense is incompatible with the varied differences due to the

complete growth of the social structure. They look upon men simply as

so many independent units of varying qualities, no doubt, but still

capable of being considered for political and social purposes as equal.

They ask virtually what justice would demand if we had before us a

crowd of independent applicants for the good things of the world, and

the simplest answer is to distribute the good things equally. If it is

replied that the idle and the industrious should not be upon the same

footing, they are ready to agree, perhaps, that men should be rewarded

according to their services to society, however difficult it may be to

arrange the proportions. But it soon appears that the various classes

into which society is actually divided imply differences not due to the

individual and his intrinsic merits, but to the varying surroundings in

which he is placed. To do justice, then, it becomes necessary to get

rid of these differences. The extreme case is that of the family. Every

one probably owes more to his mother and to his early domestic

environment than to any other of the circumstances which have

influenced his development. If you and I started as perfectly equal

babies, and you have become a saint and I a sinner, the divergence

probably began when our mothers watched our cradles, and was made

inevitable before we had left their knees. Consequently, the more

thorough-going designers of Utopia have proposed to abolish this

awkward difference. Men must be different at their birth; but we might

conceivably arrange public nurseries which should place them all under

approximately equal conditions. Then any differences would result from

a man's intrinsic qualities, and he might be said to be rewarded simply

according to his own merits.

The plan may be tempting, but has its disadvantages. There are

injustices, if we call all inequality injustice, which we can only

attribute to nature or to the unknown power which makes men and

monkeys, Shakespeares and Stephens. And one result is that the

character and conduct of human beings depend to a great extent upon

circumstances, which are accidental in the sense that they are

circumstances other than the original endowment of the individual. In

this sense, maternal love, for example, is unjust. The mother loves her

child because it is her own, not because it is better (though of course

it is better) than other children. So, as Adam Smith, I think,

observed, we are more moved by our neighbour's suffering from a corn on

his great toe than by the starvation of millions in China. In other

words, the affections, which are the great moving forces of society,

are unjust in so far as they cause us to be infinitely more interested

in our own little circle than in the remoter members of humanity known

to us only by report. Without discussing the "justice" of this

arrangement, we shall have, I think, to admit that it is inevitable.

For I, at least, hold that the vague and vast organism of humanity

depends for its cohesion upon the affinities and attractions, and not

_vice versâ_. My interests are strongest where my power of action

is greatest. The love of mothers for children is a force of essential

value, and therefore to be cultivated rather than repressed, for no

force known to us could replace it. And what is pre-eminently true in

this case is, of course, true to a degree in others. Burke stated this

with admirable force in his attack upon the revolutionists who

expounded the opposite principle of abstract equality. "To be attached

to the subdivision, to love the little platoon we belong to in society,

is the first principle," he says, "the germ, as it were, of public

affections. It is the first link in the series by which we proceed

towards a love to our country and mankind." The assertion that they

desired to invert this order, to destroy every social link in so far as

it tended to produce inequalities, was the pith of his great indictment

against the French "metaphysical" revolutionists. They had perverted

the general logical precept of the sufficient reason for all

inequalities by converting it into an assuming of the equality of

concrete units. They fell into the fallacy of which I have spoken; and

many radicals, utilitarians, and others have followed them. They

assumed that all the varieties of human character, or all those due to

the influence of the social environment, through whose structure and

inherited instincts every full-grown man has been moulded, might be

safely disregarded for the purpose of political and social

construction. They have spoken, in brief, as if men were the equal and

homogeneous atoms of physical inquiry and social problems capable of

solution by a simple rearrangement of the atoms in different orders,

instead of remembering that they are dealing with a complex organism,

in which not only the whole order but every constituent atom is also a

complex structure of indefinitely varying qualities. In the recognition

of this truth lies, as I believe, the true secret of any satisfactory

method of treatment.

Does this fact justify inequality in general? Or does not the principle

of equality still remain as essentially implied in the Utopia which we

all desire to construct? We have to take it for granted that to each

man the first and primary moving instinct is and must be the love of

the little "platoon" of which he is a member; that the problem is, not

to destroy all these minor attractions, to obliterate the structure and

replace society by a vast multitude of independent atoms, each supposed

to aim directly at the good of the whole, but so to harmonise and

develop or restrain the smaller interests of families, of groups and

associations, that they may spontaneously co-operate towards the

general welfare. It is a long and difficult task to which we have to

apply ourselves; a task not to be effected by the demonstration or

application of a single abstract dogma, but to be worked out gradually

by the co-operation of many classes and of many generations. If it is

fairly solved in the course of a thousand years or so, I for one shall

be very fairly satisfied. But distant as the realisation may be, we may

or rather ought to consider seriously the end to which we should be

working. The conception implies a distinction of primary importance

towards any clear treatment of the problem. We have, that is, two

different, though not altogether distinct, provinces of what I may,

perhaps, call organic and functional morality. We may take the existing

order for granted, and ask what is then our duty; or we may ask how far

the structure itself requires modification, and, if so, what kind of

modification. A man who assumes the existence of the present structure

may act justly or unjustly within the limits so prescribed. He must

generally be guided in a number of cases by some principle of equality.

The judge should endeavour to give the same law to rich and poor; the

parent should not make arbitrary distinctions between his children; the

statesman should try to distribute his burdens without favouring one

particular class, and so forth. A man who, in such a sense, acts justly

may be described as up to the level of his age and its accepted

established moral ideas, and is, therefore, entitled at least to the

negative praise of not being corrupt or dishonest. He fulfils

accurately the functions imposed upon him, and is not governed by what

Bentham called the sinister interests which would prevent them from

being effectually discharged for the welfare of the community. But the

problem which we have to consider is the deeper and more difficult one

of organic justice; and our question is what justice means in this

case, or what are the irrelevant considerations to be excluded from our

motives of conduct.

Between these two classes of justice there are distinctions which it is

necessary to state briefly. Justice, as we generally use the word,

implies that the unjust man deserves to be hanged, or, at least, is

responsible for his actions. What "responsibility" precisely implies

is, of course, a debatable question. I only need assume that, in any

case, it implies that somebody is guilty of wrong-doing, for which he

should receive an appropriate penalty. But in organic questions it is

not the individual, but the race which is responsible; and we require a

reform, not a penalty. An impatient temper leads us to generalise too

hastily from the case of the individual to that of the country. We

bestow the blame for all the wrongs of an oppressed nation, for

example, upon the nation which oppresses. But in simple point of fact,

the oppressed nation generally deserves (if the word can be fairly

used) to share the blame. The trodden worm would not have been trodden

upon if it had been a bit of a viper. Whatever the duty of turning the

second cheek, it is clearly not a national duty. If we admire a Tell or

Robert Bruce for resisting oppressors, we implicitly condemn those who

submitted to oppressors. If a nation is divided or wanting in courage,

public spirit, and independence, it will be trampled down; and though

we may most rightfully blame the tramplers, it is idle to exonerate the

trampled. It is easy, in the same way, to make the rich solely

responsible for all the misery of the poor. The man who has got the

booty is naturally regarded as the robber. But, speaking

scientifically, that is, with the desire to state the plain facts, we

must admit that if the poor are those who have gone to the wall in the

struggle for wealth; then, whatever unjust weapons have been used in

that struggle, the improvidence and vice and idleness have certainly

been among the main causes of defeat. Here, as before, the question is

not, who is to be punished? We can only settle that when dealing with

individual cases. It is the question, what is the cause of certain

evils? and here we must resist the temptation of supposing that the

class which in some sense appears to profit by them, or, at least, to

be exempt from them, has, therefore, any more to do with bringing them

about than the class which suffers from them.

The reflection may put us in mind of what seems to be a general law.

The ultimate cause of the adoption of institutions and rules of conduct

is often the fact of their utility to the race; but it is only at a

later period that their utility becomes the conscious or avowed reason

for maintaining them. The political fabric has been clearly built up,

in great part, by purely selfish ambition. Nations have been formed by

energetic rulers, who had no eye for anything beyond the gratification

of their own ambition, although they were clear-headed enough to see

that their own ambition could best secure its objects by taking the

side of the stronger social forces, and by giving substantial benefit

to others. The same holds good pre-eminently of industrial relations.

We all know how Adam Smith, sharing the philosophical optimism of his

time, showed how the pursuit of his own welfare by each man tended, by

a kind of pre-ordained harmony, to contribute to the welfare of all.

Since his time we have ceased to be so optimistic, and have recognised

the fact that the building up of modern industrial systems has involved

much injury to large classes. And yet we may, I think, in great measure

adopt his view. The fact that each man was rogue enough to think first

of himself and of his own wife and family is not a proof or a

presumption that he did not flourish because, in point of fact, he was

contributing (quite unintentionally perhaps) to the comforts of mankind

in general. What we have to reflect is that, while the bare existence

of certain institutions gives a strong presumption of their utility,

there is also a probability that when the utility becomes a conscious

aim or a consciously adopted criterion of their advantage, they will

require a corresponding modification intended to secure the advantages

at a minimum cost of evil.

Social Rights And Duties: Addresses to Ethical Societies. Vol 1 [of 2] · 第 10 / 14 段