第 2 节
作者:死磕      更新:2021-02-19 17:23      字数:9322
  of the community; of the State and of humanity; in measuring and
  locating them accordingly。 With relentless necessity the
  conviction always governs us that this classification must
  determine the distribution of honors and political influence; of
  position; of incomes and punishments。 The similar should be
  treated alike; the dissimilar unlike。 It is a reciprocity of
  human actions which we demand。 The maintenance of reciprocity
  appears just; its disregard unjust。 In an unjust proportion one
  part obtains too much; the other too little。 The unjust usurps
  too much of the good to be distributed; the unjustly suffering
  receives too little。
  We call an election system just which distributes political
  influence according to individual ability and merit in state and
  community。 We call a penal code just which; in spite of the
  manifold variety of misdemeanors and crimes; in spite of the
  seeming incomparability of the different punishments; has found a
  uniformly weighing system which parallels offences and
  punishments in accordance with public sentiment。 We speak of a
  just gradation of salaries; of a just promotion of officers in
  every stock company; in every railroad; as well as in the army;
  and in the hierarchy of State officials。 We speak of a just
  distribution of taxes; of a just gradation of wages; of just
  profits; of a just interest on loans。 And always there is the
  same conception in the background: men are grouped and classified
  according to certain characteristics; qualities; deeds and
  accomplishments; descent and prosperity。 Burdens and advantages
  should correspond to these classes。
  The profit of an undertaking is said to be justly higher than
  the rate of interest; because a greater risk and an indemnity for
  labor are therein involved; both of which are foreign to
  interest。 Interest on capital is just because the lender foregoes
  a possible profit or enjoyment; because the borrower is in a much
  worse position without this aid; and because for the service of
  the one a consideration from the other seems just。 The high
  earnings of the well…known physician or lawyer are just; such is
  Adam Smith's argument; because of the large number who go to
  great expense in their studies; many have very small incomes; the
  chosen; able ones are thus in a manner compensated therefor。
  Every house…wife; every servant girl; daily and hourly thinks
  this price and that unjust; and this always on the ground of
  comparisons; classifications and valuations。 Most important;
  however; is the judgment of the justice or injustice of the
  condition of social classes in general。
  Aristotle calls slavery just when master and slave are by
  nature as different as soul and body; as governing will and
  external instrument。 Then; he says; it is a natural;
  intrinsically justified slavery; the external legal relation of
  society corresponds to human nature。 Exactly the same can be said
  of all social gradations and classifications。 We feel them to be
  just as far as we find them in accord with our observations of
  similar or dissimilar qualities of the classes in question。 The
  public mind has never; apart from times of error and excitement;
  begrudged honor; riches and position to those whose actions;
  whose abilities correspondingly excelled。 It found fault with the
  condition of the middle and lower classes whenever it observed
  that men of the same race; the same creed; the same community;
  were maltreated by their equals and were held in a subjection not
  corresponding to their education and merit。 All class struggles
  of the past have arisen from these sentiments。 The greatest
  politicians and popular leaders of all times; as well as the
  greatest kings and Caesars; placed themselves at the head of
  movements which; originating in oppressed; abused and maltreated
  classes; aspired; successfully or otherwise; to a removal of
  unjust social conditions。 These class…struggles have often been
  only for political rights; for honors; or for marriage rights。
  The essential element; however; was always an economic question;
  the distribution of incomes and wealth or the conditions and
  avenues to them; the possibilities of acquisition; for in the
  social struggle for life; economic existence is the most
  important factor。
  And therefore the question always arises here also; whether
  that which is; is just。 Is this restriction of trade; this or
  that institution touching the distribution of wealth; is this
  entire distribution of incomes just?
  This question; indeed; is not always equally emphasized; the
  feelings which spring from the answer do not at all times equally
  influence the masses and single parties。 The judgment; that a
  certain classification and distribution of incomes is just or
  unjust; is of course not the only one that is given about the
  social phenomenon in question。 Nor is this judgment; even though
  thousands are agreed upon it; the only power which rules the
  distribution of incomes。 But this judgment is the only
  psychological basis from which all demands for the right of
  equality have arisen。 It is the basis of all individualism。 From
  the standpoint of mankind there may be other demands; mankind and
  its interests demand sacrifices in the upper as well as in the
  lower ranks。 The practical representatives of this standpoint in
  political life must; therefore; necessarily seek to combat or to
  weaken the conclusions resulting from this fundamental principle
  of individualism。 And from their standpoint they are justified in
  so doing。 But equally justified on the other hand is the
  standpoint of individualism; and it is this which demands
  justice; proportionality of duties and rights; it demands
  equality for equal; inequality for unequal men。 The principle of
  civil; political and social equality will never have a firm
  foundation unless one seeks it in this connection。 Every
  limitation of the principle of equality; other than that which is
  prompted by the qualities and merits of men; is arbitrary。
  Material justice demands equal rights only in so far as it
  observes equal qualities; as it presumes the possibility of equal
  achievement and fulfillment of duties。
  II
  Thus the approving or disapproving judgment of the justice of
  human actions or institutions always rests on the same
  psychological processes。 But the results to which it comes may be
  very different。 How would it otherwise be possible that the
  conceptions of justice of barbarians; of heathens; of Christians;
  of men of modern culture; differ so much that something different
  is always demanded under the plea of justice? Even within the
  same nation and the same period the controversy as to what
  constitutes justice will never cease; but from time to time
  certain judgments will succeed in placing themselves in the
  dominating centre of the progressive movement; certain results of
  former intellectual contests will descend to posterity as a
  secured inheritance; and as long as the night of barbarism does
  not break in again they will rule and influence it more and more。
  If we now try to explain somewhat more fully the
  psychological processes in question; the first step always seems
  to be to group in our conceptions a number of men into bodies of
  moral community。 These bodies are then compared and tested
  according to their qualities and actions。 The equalities are
  searched for and found by the judgment; the inequalities and
  their degrees are tried by the estimating and valuing sense。 It
  is in the realm of the feelings in which all the final decisions
  on this most important point are reached。 All feelings finally
  resolve themselves into an adjudging or disparaging; into an
  estimation and a sensation of that which furthers and that which
  impedes us; they are decisions on the worth of men and things。
  And upon this now follows finally the simple logical conclusion:
  the persons whom I am to conceive as a moral community must; as
  far as human intervention reaches; be treated equally in the
  measure of their equality; unequally in the measure of their
  inequality。
  The groups of persons into which our conceptions necessarily
  classify mankind are manifold。 The members of the family and the
  tribe; the bellows of a society and a community; the citizens of
  a State and of a federation; the members of a church and of a
  race; finally all humanity in a certain sense can be so grouped;
  but only in so far as they form a moral community and pursue
  certain common ends。 Whosoever stands without the group is
  foreign to the comparison; is not comprised in the judgment of
  what is just。 Hence a barbarian does not think it unjust to kill
  the stranger; only the conception of a moral community between
  all nations and all men prevents this。 Likewise it does not seem
  to me unjust that an Englishman pays double the taxes paid by a
  German of equal income。 With the variety of different human
  purposes and communities the same man appears at one time like
  his fellows; at another unlike。 In a club of any kind which
  claims but a small fraction of our interest; we see no injustice
  in a per capita assessment which we would consider unbearable in
  a State or community。 It accords with our idea of justic