From what has been said it appears, that the subject of our present enquiry is strictly speaking a department of the science of morals. Morality is the source from which its fundamental axioms must be drawn, and they will be made somewhat clearer in the present instance, if we assume the term justice as a general appellation for all moral duty.
That this appellation is sufficiently expressive of the subject will appear, if we examine mercy, gratitude, temperance, or any of those duties which, in looser speaking, are contradistinguished from justice. Why should I pardon this criminal, remunerate this favour, or abstain from this indulgence?
If it partake of the nature of morality, it must be either right or wrong, just or unjust. It must tend to the benefit of the individual, either without trenching upon, or with actual advantage to the mass of individuals. Either way it benefits the whole, because individuals are parts of the whole.
Therefore to do it is just, and to forbear it is unjust. -- By justice I understand that impartial treatment of every man in matters that relate to his happiness, which is measured solely by a consideration of the properties of the receiver, and the capacity of him that bestows. Its principle therefore is, according to a well known phrase, to be "no respecter of persons."
Considerable light will probably be thrown upon our investigation, if, quitting for the present the political view, we examine justice merely as it exists among individuals. Justice is a rule of conduct originating in the connection of one percipient being with another. A comprehensive maxim which has been laid down upon the subject is "that we should love our neighbour as ourselves." But this maxim, though possessing considerable merit as a popular principle, is not modeled with the strictness of philosophical accuracy.
In a loose and general view I and my neighbour are both of us men; and of consequence entitled to equal attention. But, in reality, it is probable that one of us is a being of more worth and importance than the other.