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guished as unusually malicious) is one which has been expelled from the herd: doubtless because of conduct obnoxious to the rest -probably aggressive. It is said that from a colony of beavers an idler is banished, and thus prevented from profiting by labors in which he does not join: a statement made more credible by the fact that drones, when no longer needed, are killed by workerbees. The testimonies of observers in different countries show that a flock of crows, after prolonged noise of consultation, will summarily execute an offending member. And an eye-witness affirms that among rooks, a pair which steals the sticks from neighboring nests has its own nest pulled to pieces by the rest.
Here, then, we see that the a priori condition to harmonious co-operation comes to be tacitly recognized as something like a law; and there is a penalty consequent upon breach of it.
That the individual shall experience all the consequences, good and evil, of its own nature and consequent conduct, which is that primary principle of sub-human justice whence results survival of the fittest, is, in creatures that lead solitary lives, a principle complicated only by the responsibilities of parenthood. Among them the purely egoistic actions of self-sustentation have, during the reproductive period, to be qualified by that self-subordination which the rearing of offspring necessitates, but by no other selfsubordination. Among gregarious creatures of considerable intelligence, however, the welfare of the species occasionally demands a further self-subordination.
We read of bisons that, during the calving season, the bulls form an encircling guard around the herd of cows and calves, to protect them against wolves and other predatory animals : a proceeding which entails on each bull some danger, but which conduces to the preservation of the species. Out of a herd of elephants about to emerge from a forest to reach a drinkingplace, one will first appear and look round in search of dangers, and, not discerning any, will then post some others of the herd to act as watchers; after which the main body comes forth and enters the water. Here a certain extra risk is run by the few that the many may be the safer. In a still greater degree we are shown this kind of action by a troop of monkeys, the members of which will combine to defend or rescue one of their number; for though in any particular case the species may not profit, since more mortality may result than would have resulted, yet it profits in the long run by the display of a character which makes attack on its groups dangerous.
Evidently, then, if by such conduct one variety of a gregarious species keeps up, or increases, its numbers, while other varieties, in which self-subordination thus directed does not exist, fail to do this, a certain sanction is acquired for such conduct. The preservation of the species being the ultimate end, it results that where an occasional mortality of individuals in defense of the species furthers this preservation in a greater degree than would pursuit of exclusive benefit by each individual, that which we recognize as sub-human justice may rightly have this second limitation.
It remains only to point out the order of priority, and the respective ranges, of these principles. The law of relation between conduct and consequence, which, throughout the animal kingdom at large, brings prosperity to those individuals which are structurally best adapted to their conditions of existence, and which, under its ethical aspect, is expressed in the principle that each individual ought to receive the good and the evil which arises from its own nature, is the primary law holding of all creatures; and is applicable without qualification to creatures which lead solitary lives, save in that self-subordination needed among the higher of them for the rearing of offspring.
Among gregarious creatures, and in an increasing degree as they co-operate more, there comes into play a law, second in order of time and authority, that those actions through which, in fulfillment of its nature, the individual achieves benefits and avoids evils, shall be restrained by the need for non-interference with the like actions of associated individuals. A substantial respect for this law in the average of cases being the condition under which alone gregariousness can continue, it becomes an imperative law for creatures to which gregariousness is a benefit. But, obviously, this secondary law is simply a specification of that form which the primary law takes under the conditions of gregarious life; since, by asserting that in each individual the interactions of conduct and consequence must be restricted in the specified way, it tacitly reasserts that these interactions must be maintained in all other individuals.
Later in origin, and narrower in range, is the third law, that under conditions such that, by the occasional sacrifices of some members of a species, the species as a whole prospers, there arises a sanction for such sacrifices, and a consequent qualification of the law that each individual shall receive the benefits and evils of its own nature.
Finally, it should be observed that whereas the first law is absolute for animals in general, and whereas the second law is absolute for gregarious animals, the third law is relative to the existence of enemies of such kinds that, in contending with them, the species gains more than it loses by the sacrifice of a few members; and in the absence of such enemies this qualification imposed by the third law disappears.
The contents of this.carded as a further int of view, hu
III. HUMAN JUSTICE.—The contents of the last chapter foreshadow the contents of this. As, from the evolution point of view, human life must be regarded as a further development of sub-human life, it follows that from this same point of view, human justice must be a further development of sub-human justice. For convenience the two are here separately treated, but they are essentially of the same nature, and form parts of a continuous whole.
Of man, as of all inferior creatures, the law by conformity to which the species is preserved is that among adults the individuals best adapted to the conditions of their existence shall prosper most, and that individuals least adapted to the conditions of their existence shall prosper least–a law which, if uninterfered with, entails survival of the fittest, and spread of the most adapted varieties. And as before so here, we see that, ethically considered, this law implies that each individual ought to receive the benefits and the evils of his own nature and consequent conduct: neither being prevented from having whatever good his actions normally bring to him, nor allowed to shoulder off on to other persons whatever ill is brought to him by his actions.
To what extent such ill, naturally following from his actions, may be voluntarily borne by other persons, it does not concern us now to inquire. The qualifying effects of pity, mercy, and generosity, will be considered hereafter in the parts dealing with Negative Beneficence and Positive Beneficence. Here we are concerned only with pure justice.
The law thus originating, and thus ethically expressed, is obviously that which commends itself to the common apprehension as just. Sayings and criticisms daily heard imply a perception that conduct and consequence ought not to be dissociated. When, of some one who suffers a disaster, it is said—“He has no one to blame but himself,” there is implied the belief that he has not any ground for complaint. The comment on one whose misjudgment or misbehavior has entailed evil upon him, that “he has made his own bed, and now he must lie in it,” has behind it the conviction that this connection of cause and effect is proper. Similarly with the remark—“He got no more than he deserved.” A kindred conviction is implied when, conversely, there results good instead of evil. “He has fairly earned his reward”; “He has not received due recompense”; are remarks indicating the consciousness that there should be a proportion between effort put forth and advantage achieved.
The truth that justice becomes more pronounced as organization becomes higher, which we contemplated in the last chapter, is further exemplified on passing from sub-human justice to
human justice. The degree of justice and the degree of organization simultaneously make advances. These are shown alike by the entire human race, and by its superior varieties as contrasted with its inferior.
We saw that a high species of animals is distinguished from a low species in the respect that since its aggregate suffers less mortality from destructive agencies, each of its members continues on the average for a longer time subject to the normal relation between conduct and consequence; and here we see that the human race as a whole, far lower in its rate of mortality than nearly all races of inferior kinds, usually subjects its members for much longer periods to the good and evil results of well-adapted and ill-adapted conduct. We also saw that as, among the higher animals, a greater average longevity makes it possible for individual differences to show their effects for longer periods, it results that the unlike fates of different individuals are to a greater extent determined by that normal relation between conduct and consequence which constitutes justice; and we here see that in mankind unlikenesses of faculty in still greater degrees, and for still longer periods, work out their effects in advantaging the superior and disadvantaging the inferior in the continuous play of conduct and consequence.
Similarly is it with the civilized varieties of mankind as compared with the savage varieties. A still further diminished rate of mortality implies that there is a relatively still larger proportion, the members of which, during long lives, gain good from well-adapted acts, and suffer evil from ill-adapted ones. While also it is manifest that both the greater differences of longevity among individuals, and the greater differences of social position, imply that in civilized societies more than in savage societies, differences of endowment and consequent differences of conduct are enabled to cause their appropriate differences of results, good or evil: the justice is greater.
shown that gregariousness establishes itself because it profits the variety in which it arises, partly by furthering general safety and partly by facilitating sustentation. And we are shown that the degree of gregariousness is determined by the degree in which it thus subserves the interests of the variety. For where the variety is one of which the members live on.wild food, they associate only in small groups: game and fruits widely distributed can support these only. But greater gregariousness arises where agriculture makes possible the support of a large number on a small area; and where the accompanying development of industries introduces many and various co-operations.
But that which was faintly indicated among lower beings is conspicuously displayed among human beings-that the advantages of co-operation can be had only by conformity to certain requirements which association imposes. The mutual hindrances liable to arise during the pursuit of their ends by individuals liv. ing in proximity, must be kept within such limits as to leave a surplus of advantage obtained by associated life. Some types of men, as the Abors, lead solitary lives, because their aggressiveness is such that they can not live together. And in view of this extreme case it is clear that though, in many primitive groups, individual antagonisms often cause quarrels, yet the groups are maintained because their members derive a balance of benefit-chiefly in greater safety. It is also clear that in proportion as communities become developed and their division of labor complex, the advantages of co-operation can be gained only by a still better maintenance of those limits to each man's activities necessitated by the simultaneous activities of others. This truth is illustrated by the unprosperous or decaying state of communities in which the aggressions of individuals on one another are so numerous and great as to prevent them from severally receiving the normal results of their actions.
The requirement that individual activities must be mutually restrained, which we saw is so felt among certain inferior gregarious creatures that they inflict punishments on those who do not duly restrain them, is a requirement which, more imperative among men, and more distinctly felt by them to be a requirement, causes a still more marked habit of inflicting punishments on offenders. Though in primitive groups it is commonly left to any one who is injured to revenge himself on the injurer, and though even in the societies of feudal Europe, the defending and enforcing of his claims was in many cases held to be each man's personal concern; yet there has ever tended to grow up such perception of the need for internal order, and such sentiment accompanying the perception, that infliction of punishments by the community as a whole, or by its established agents, has become habitual. And that a system of laws enacting restrictions on conduct, and punishments for breaking them, is a natural product of human life carried on under social conditions, is shown by the fact that among multitudinous nations composed of various types of mankind, similar actions, similarly regarded as trespasses, have been similarly forbidden.
Through all which sets of facts is manifested the truth, recognized practically if not theoretically, that each individual carrying on the actions which subserve his life, and not prevented from receiving their normal results good and bad, shall carry on these actions under such restraints as are imposed by the carrying on of