Natural justice

“ Tho' the rules of justice be artificial, they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species. ”

“ Is there any one of these men, who studies justice as a science, and regards that alone in all his professional exertions? If there are any such, why do we so seldom, or never, hear of them? Why have they not told us, hundreds of years ago, what are men's natural rights of person and property? ”

“ Natural justice is a symbol or expression of usefullness, to prevent one person from harming or being harmed by another. ”

“ All human laws are, properly speaking, only declaratory; they may alter the mode and application, but have no power over the substance, of original justice. A conservation and secure enjoyment of our natural rights is the great and ultimate purpose of civil society. ”

“ Is the Law of Nature, common to all Animals, from Man the Lord of all, down to the smallest Animalcules, discernible by Glasses? Are all the Rules of natural Law, which men are obliged to observe, incumbent upon all Birds, Beasts, fishes.
Temperance, Prudence, Justice, and Fortitude, are Duties of the Law of human Nature. But have the Beasts and Birds and Fishes, given any Proofs that they have any Idea of these Virtues? ”

“ The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law. ”

“ A great multitude of people are continually talking of the law of nature; and they go on giving you their sentiments about what is right and what is wrong, and these sentiments, you are to understand, are so many chapters and sections of the law of nature. Instead of the phrase, law of nature, you have sometimes law of reason, right reason, natural justice, natural equity, good order. ”

“ It is a perfect rule of right for all moral and social beings. It is that eternal rule of right to which God himself conforms.
§3. The law of nature, as a rule of human action, arises out of man's relation to his Maker and to his fellow men. As a creature, he must be subject to the laws of his Creator, on whom he is dependent. He is also in a measure dependent upon his fellow beings. All being created equal, each is bound by the principles of natural justice to render to others that assistance which is necessary to make them as happy as himself, or which they justly owe to him in return. ”

“ If now we run through all the differences between the natural environment and the environment created by Man, we shall see that they practically all proceed upon the theory that men must develop no longer as individuals but as a unit. All our customs and laws proceed upon the theory of liberty and justice; and upon that theory is based the original principle of property that assures to all men the product of their toil. ”

“ Unless, therefore, we will allow, that nature has establish'd a sophistry, and render'd it necessary and unavoidable, we must allow, that the sense of justice and injustice is not deriv'd from nature, but arises artificially, tho' necessarily from education, and human conventions. ”

“ The value of the improvement so far exceeded the value of the natural earth, at that time, as to absorb it; till, in the end, the common right of all became cofounded into the cultivated right of the individual. But they are, nevertheless, distinct species of rights, and will continue to be so as long as the earth endures. ”

“ Natural rights, he thinks, spring from and are testified to by the natural facts of individual organization, — “the fact that each particular pair of hands obey a particular brain and are related to a particular stomach; the fact that each man is a definite, coherent, independent whole.” ”

“ They will rule; and their rule, if they are true to themselves, will be one of health and wealth, and peace, of prudence and of justice. For they alone will be able to wield for the benefit of man the brute forces of nature; because they alone will have stooped, to “conquer nature by obeying her.”
So runs my dream. I ask my young readers to help towards making that dream a fact, by becoming (as many of them as feel the justice of my words) honest and earnest students of Natural Science. ”

“ No one who really saw and believed in the rights to life and land, and felt their immense significance, could say such a thing as that. Let us see: Take another natural right, which is deeply and truly believed in, and whose value and weight are perceived, — liberty, for instance. That right, too, is a relation which eaeh man bears to all the rest of the race ”

“ And again, "Those rights which God and nature have established, and which are therefore called 'natural rights,' such as life and liberty, need not the aid of human laws, to be more effectually vested in every man, than they are. ”

“ To disseminate knowledge, and to increase virtue therefore among men, is to establish and maintain the principles on which the recovery and preservation of their inherent natural rights depend; and the State that does this most faithfully, advances most effectually the common cause of Human Nature. ”

“ Even this life is regulated by natural conditions, but it is the goal of man, who is a free being, to overcome the fatalism of Nature with his free-will actions, which are the basis of morality and progress in the higher sense. ”

“ That this is so is proved by the fact that all a man’s natural rights stand upon one and the same basis, viz., that they are the gift of God, or Nature, to him, as an individual, for his own uses, and for his own happiness. ”

“ They can all be solved by appeals to Nature Fore, which holds up an ideal of mankind physically able to enjoy all the benefits and to conquer all the dangers of civilization. It is not looking back, but looking in and forward that reveals what natural law promises to those who obey it. ”

“ Every one of us, without exception, is born into a society that is given, just as the fauna and flora of our environment are given. Society and its institutions are, to the individual who enters it, as much naturalistic phenomena as is the weather itself. There is therefore, no natural sanctity in the State any more than there is in the weather. ”

“ He has also to acknowledge what he owes to Nature, what is his duty to Nature. And that duty he has to perform and her authority he has to admit. He can retain his freedom and initiative and enterprise. But he has to obey the laws of Nature, acknowledge her authority, submit to her discipline. ”

“ If freedom demands law, why should it hold aloof from the natural law, the law of environment so definitely present? Possibly, then, as once before suggested, one contradiction in experience may be the corrective of another, the paradox of freedom and duty only correcting the contradiction of two sources of conduct, personal will and environment. ”

“ But natural liberty—the power of one to do whatever he sees fit to do, subject only to the laws of nature—may have an existence, as by a man placed alone on a mountain, in a desert, or, like Selkirk, on an island in the ocean, for then, there are none his rights to dispute. ”

“ And for this reason—that though Nature lays down the great constitutional laws within which man, her completest representative, must work; and though Nature as a whole formulates the main outlines of her ideal; yet man within that constitution can make his own laws, and within its main outlines may refine and perfect the ideal. ”

“ But the "law" of natural selection had as much a beginning in time, and in biological time, as the "moral law"—practised in some form or another by the greater part of mankind—must have been unknown to our more bestial ancestors; little understood by prehistoric man, and only fully developed as human civilization and slavery advanced hand in hand, through peace and plenty, through misery and despair. ”

“ Therefore when we had shown that the rights exercised in political society were derived from prior 'natural' rights, a question would still remain as to the ground of those natural rights. We should have to ask why certain powers were recognised as powers which should be exercised, and thus became these natural rights. ”

“ His morality consists of rules imposed by his own prudence, and which have no sanctions beyond the opinions of his class or tribe. [6] His religion is determined by the physical conditions which surround his life—his geographical situation, the nature and configuration of his soil, his climate, and his food. Thus man is simply a natural product, while the civilization which he has produced is as much determined by the physical conditions surrounding his life, as the leaves and dates of the palm are determined by the physical conditions surrounding that tropical tree. ”

“ A man who may, upon full conviction, adopt the religion of Nature, will not recommend to the government to annihilate its coercive powers, civil and military, but will recommend the improvement of education, the promulgation of that useful knowledge which leads to wisdom, and then the association of every member in a state of democracy, where the odious and humiliating name of subject is changed to the equitable and honorable appellation of citizen, who will claim his natural rights the moment wisdom arrives to intellectualize his essence. ”

“ Seeing also that, with nature's liberality, were all her gifts equally distributed, every one would have so good a share that no one would have a title to complain; and seeing, farther, that this is the only type of perfect equality or ideal justice—there is no good ground for falling short of it but the knowledge that the attempt would be pernicious to society. The writers on the Law of Nature, whatever principles they begin with, must assign as the ultimate reason of law the necessities and convenience of mankind. ”

“ We can discover [Pg vii] the actual conditions of natural law, under which we exist and promote the knowledge of that truth among our fellows. To do that which is right, we must know that which is true. To act rightly, we must know truly. ”

“ The story of his long life as teacher of teachers reads like a romance. But among his gifts to education and citizenship none can be made to mean more than the simple proposition that natural law is as sacred as a moral principle. All who remember this "beatitude" will be helped to solve many perplexing problems of dress, diet, play, education, philanthropy, morals, and civics.
Reverence for the natural carries with it a distaste for the unnatural. Those who obey natural law soon come to regard its violation as a nuisance when not immoral. ”

“ The conservation of such a sociable life is the source of that law which is strictly called natural, which comprehends, in the first place, the abstaining from all that belongs to others, and the restitution of it if by any means in our possession, the fulfilment of promises, the reparation of injury, and the right of human punishment. In a secondary sense, natural law extends to prudence, temperance and fortitude, as being suitable to man’s nature. ”

“ You have commenced them in a day, when liberty, justice and equality are claimed by almost all, as nature's rights; for behold! a beam of science, lucid as the sun, has divinely fallen upon the lightless intellects of a portion of that ignoble part of your fellow creatures, who have been so long the victims of your fell injustice and inhumanity. ”

“ We are not the slaves of a despotic ruler, or pawns in the hand of an external player. Within the limits of Nature's constitution, the laws we obey are laws of our own making; the authority we obey is the authority which we ourselves have set up; and both authority and laws we can change in accordance with the growing requirements of the ideal which we ourselves are perfecting. ”

“ The study of natural law can never be harmful, but is always beneficial, for [Pg viii] the student is then working in harmony with law. It is the violation of law that makes all the trouble in the world—whether physical, moral, or social. ”

“ One of those perfect, fully developed individuals such as Nature created before a herding social system, with its paralysing ordinances, bungled her handiwork, when every youthful creature was allowed to bloom unhindered into the fulness of its power, and to remain, in good and in evil, part and parcel of the natural life. ”

“ The people, again, spring from Nature as a whole. They are the representatives of Nature. Those in authority are therefore, in their particular province, for that particular purpose, and for the time being the representatives of Nature. They are accountable to Nature, and Nature expects them as her representatives to exercise authority with wisdom and discretion, but on the same basic principles of absolute fairness and perfect orderliness that she herself in her elemental aspects exercises her authority. ”

“ The fact of things being of a certain constitution, and of their progress tending in a certain direction, cannot of itself supply a law for the exercise of our activity. But the view is associated with a theory of the nature of human action which seeks to bring it into the strict line of natural development. ”

“ Far, therefore, from fearing, from the influence of the Theory of Evolution, a subversion of all accepted moral law and a destructive emancipation of Egoism, we, on the contrary, look forward to a system of Ethics erected upon the indestructible foundation of unchanging natural law, since at the same time with the clear recognition of our true place in nature, the study of Anthropogeny opens to us the comprehension of the necessary character of our old rules of duty. ”

“ To effect this, the democracy will demand that those who carry on public affairs shall not be persons solely acquainted with the elegant fancies and stories of past ages, but shall be trained in the acquisition of natural knowledge and keenly active in the skilful application of Nature-control to the development of the well-being of the community. ”