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實用主義觀點： 懲罰的公正性

There are some who say, that it is unjust to punish any one for the sake of example to others, that punishment is just, only when intended for the good of the sufferer himself. Others maintain the extreme reverse, contending that to punish persons who have attained years of discretion, for their own benefit, is despotism and injustice, since if the matter at issue is solely their own good, no one has a right to control their own judgment of it, but that they may justly be punished to prevent evil to others, this being the exercise of the legitimate right of self-defense. All these opinions are extremely plausible, and so long as the question is argued as one of justice simply, without going down to the principles which lie under justice and are the source of its authority, it is unable to see how any of these reasoners can be refuted. For in truth each of the two builds upon rules of justice confessedly true. The first appeals to the acknowledged injustice of singling out an individual, and making a sacrifice, without his consent, for other people’s benefit.

政策和公正性

Have mankind been under a delusion in thinking that justice is a more sacred thing than policy, and that the latter ought only to be listened to after the former has been satisfied? By no means. The exposition we have given of the nature and origin of the sentiment, recognizes a real distinction, and no one of those who profess the most sublime contempt for the consequences of actions as an element in their morality, attaches more importance to the distinction than I do. While I dispute the pretensions of any theory which sets up an imaginary standard of justice not grounded on utility, I account the justice which is grounded on utility to be the chief part, and incomparably the most sacred and binding part, of all morality. Justice is a name for certain classes of moral rules, which concern the essentials of human well-being more nearly, and are therefore of more absolute obligation, than any other rules for the guidance of life. And the notion which we have found to be of the essence of the idea of justice, that of a right residing in an individual implies and testifies to this more binding obligation.

亞里士多德觀點： 自然法

Aristotle is often said to be the father of natural law. Like his philosophical forefathers, Socrates and Plato, Aristotle posited the existence of natural justice or natural right. His association with natural law is due largely to the interpretation given to him by Thomas Aquinas. This was based on Aquinas’ conflation of natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics. Aquinas’ influence was such as to affect a number of early translations of these passages, though more recent translations render them more literally.

Aristotle notes that natural justice is a species of political justice, viz. the scheme of distributive and corrective justice that would be established under the best political community; were this to take the form of law, this could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best regime may not rule by law at all.

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