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Mortimer J. Adler:
On Justice & Expediency
Only Aristotle uses the word "justice" in two
radically different senses. He distinguishes
between general and special justice. By justice in
general he means justice as one of the four
cardinal aspects of virtue, the other three being
courage, temperance, and prudence. The morally
virtuous man is a just man, an as such he is a
temperate man and one who is also courageous and
prudent.
By special justice, Aristotle means fairness in
exchange and fairness in the distribution of goods.
Fairness in exchange is commutative justice, and
the other aspect of fairness is distributive
justice. Fairness is the special justice that is be
found in just laws; and it is in connection with
the justice of human-made or positive law that
Aristotle introduces the notion of equitable
dispensation from a strict application of law to
difficult cases. In the Anglo-American tradition of
the common law, courts of chancery and equity
provide such as dispensations by the Lord
Chancellor in Great Britain and by a similar
official in some United States jurisdictions.
Machiavelli tells us that the prince should be
just in the use of power, but if a just use of his
power is not expedient, then he should be expedient
in his effort to be a successful prince. The ideal
use of power occurs when ruling justly is also
expedient. But when that is not possible,
Machiavelli says, then the prince or anyone else
with ruling power must be unscrupulous and use what
ever means will succeed in getting or keeping power
even if the means employed are unjust.
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