Law is justice outside its moral source.

 

Law is justice outside its moral source.
--
Essai sur la théorie de l'économie politique et de ses rapports avec la morale et le droit. (1867). Quoted by Teotonio R. de Souza in Indo-Portuguese history (1985), p. 210

 

Francisco Luis Gomes

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When I am a baby, in my undeveloped moral state, I do not love justice, nor conform to it; when I am sick, and have not complete control over this republic of nerves and muscles, I fail of justice, and heed it not; when I am stung with beastly rage, blinded by passion, or over attracted from my proper sphere of affection, another man briefly possessing me, I may not love the absolute and eternal right, private capillary attraction conflicting with the universal gravitation. But in my maturity, in my cool and personal hours, when I am most myself, and the accidents of my bodily temperament and local surroundings are controlled by the substance of my manhood, then I love justice with a firm, unwavering love. That is the natural fealty of my conscience to its liege-lord. Then I love justice, not for its consequences for bodily gain, but for itself, for the moral truth and loveliness thereof. Then if justice crown me I am glad, not merely with my personal feeling, because it is I who wear the crown, but because it is the crown of justice. If justice discrown and bind me down to infamy, I still am glad with all my moral sense, and joy in the universal justice, though I suffer with the private smart. Though all that is merely selfish and personal of me revolts, still what is noblest, what I hold in common with mankind and in common with God, bids me be glad if justice is done upon me; to me or upon me, I know it is justice still, and though my private injustice be my foe, the justice of the universe is still my friend. God, acting in this universal mode of moral force, acts for me, and the prospect of future suffering has no terror.

 

Theodore Parker

 

Man naturally loves justice, for its own sake, as the natural object of his conscience. As the mind loves truth and beauty, so conscience loves the right; it is true and beautiful to the moral faculties. Conscience rests in justice as an end, as the mind in truth. As truth is the side of God turned towards the intellect, so is justice the side of Him which conscience looks upon. Love of justice is the moral part of piety.

 

Theodore Parker

 

The inevitable hypocrisy, which is associated with the all the collective activities of the human race, springs chiefly from this source: that individuals have a moral code which makes the actions of collective man an outrage to their conscience. They therefore invent romantic and moral interpretations of the real facts, preferring to obscure rather than reveal the true character of their collective behavior. Sometimes they are as anxious to offer moral justifications for the brutalities from which they suffer as for those which they commit. The fact that the hypocrisy of man's group behavior... expresses itself not only in terms of self-justification but in terms of moral justification of human behavior in general, symbolizes one of the tragedies of the human spirit: its inability to conform its collective life to its individual ideals. As individuals, men believe they ought to love and serve each other and establish justice between each other. As racial, economic and national groups they take for themselves, whatever their power can command.

 

Reinhold Niebuhr

 

If I owe a person money, and cannot pay him, and he threatens to put me in prison, another person can take the debt upon himself, and pay it for me. But if I have committed a crime, every circumstance of the case is changed. Moral justice cannot take the innocent for the guilty even if the innocent would offer itself. To suppose justice to do this, is to destroy the principle of its existence, which is the thing itself. It is then no longer justice. It is indiscriminate revenge.

 

Jesus Christ

 

Realism maintains that universal moral principles cannot be applied to the actions of states in their abstract universal formulation, but that they must be filtered through the concrete circumstances of time and place. The individual may say for himself: "Fiat justitia, pereat mundus (Let justice be done, even if the world perish)," but the state has no right to say so in the name of those who are in its care. Both individual and state must judge political action by universal moral principles, such as that of liberty. Yet while the individual has a moral right to sacrifice himself in defense of such a moral principle, the state has no right to let its moral disapprobation of the infringement of liberty get in the way of successful political action, itself inspired by the moral principle of national survival.

 

Hans Morgenthau