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قراءة كتاب Concerning Justice
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CONCERNING
JUSTICE
BY
LUCILIUS A. EMERY
NEW HAVEN: YALE UNIVERSITY PRESS
LONDON: HUMPHREY MILFORD
OXFORD UNIVERSITY PRESS
MDCCCCXIV
COPYRIGHT, 1914
BY YALE UNIVERSITY PRESS
First printed August, 1914, 1000 copies
TO MY CHILDREN
HENRY CROSBY EMERY
ANNE CROSBY EMERY ALLINSON
THE ADDRESSES CONTAINED IN THIS BOOK WERE DELIVERED IN THE WILLIAM L. STORRS LECTURE SERIES, 1914, BEFORE THE LAW SCHOOL OF YALE UNIVERSITY, NEW HAVEN, CONNECTICUT.
CONTENTS
| CHAPTER | PAGE | |
| I. | The Problem Stated. Theories as to the Source of Justice. Definitions of Justice | 3 |
| II. | The Problem of Rights. Different Theories as to the Source of Rights | 31 |
| III. | The Problem of Rights Continued. The Need of Liberty of Action for the Individual | 43 |
| IV. | Justice the Equilibrium Between the Freedom of the Individual and the Safety of Society | 56 |
| V. | Justice Can Be Secured only through Governmental Action. The Best Form of Government | 77 |
| VI. | The Necessity of Constitutional Limitations upon the Powers of the Government. Bills of Rights | 95 |
| VII. | The Interpretation and Enforcement of Constitutional Limitations Necessarily a Function of the Judiciary | 110 |
| VIII. | An Independent and Impartial Judiciary Essential for Justice | 121 |
| IX. | The Necessity of Maintaining Undiminished the Constitutional Limitations and the Power of the Courts to Enforce Them.—Conclusion | 146 |
CONCERNING JUSTICE
CONCERNING JUSTICE
CHAPTER I
THE PROBLEM STATED. THEORIES AS TO THE SOURCE OF JUSTICE. DEFINITIONS OF JUSTICE
For centuries now much has been written and proclaimed concerning justice and today the word seems to be more than ever upon the lips of men, more than ever used, but not always appositely, in arguments for proposed political action. Hence it may not be inappropriate to the time and occasion to venture, not answers to, but some observations upon the questions, what is justice, and how can it be secured. It was declared by the Roman jurist Ulpian, centuries ago, that students of law should also be students of justice.
By way of prelude, however, and in the hope of accentuating the main question and presenting the subject more vividly by comparison and contrast, I would recall to your minds another and even more fundamental question asked twenty centuries ago in a judicial proceeding in distant Judea. It is related that when Jesus, upon his accusation before Pilate, claimed in defense that he had "come into the world to bear witness unto the truth," Pilate inquired of him "What is truth?"; but it is further related that when Pilate "had said this he went out again unto the Jews." Apparently he did not wait for an answer. Perhaps he repented of his question as soon as asked and went out to escape an answer. Men before and since Pilate have sought to avoid hearing the truth.
Indeed, however grave the question, however essential the answer to their well-being, there does not seem to be even now on the part of the multitude an earnest desire for the truth. Their wishes and emotions cloud their vision and they are reluctant to have those clouds brushed aside lest the truth thus revealed be harsh and condemnatory. The truth often causes pain. As said by the Preacher, "He that increaseth knowledge increaseth sorrow." People generally give much the greater welcome and heed to him who tells them that their desires and schemes are righteous and can be realized, than to him who tells them that their desires are selfish or that their schemes are impracticable. It has always been the few who have sought the truth, resolute to find it and declare it, whether pleasant or unpleasant, in accord with the wishes of mankind or