With the beginning of gregariousness, we find the new element of coöperation, passive or active, which is an advantage to the species. This involves so much restraint of conflicting acts as will leave a balance of advantage; else survival of the fittest will exterminate the variety in which association begins. The experience of the evils of not maintaining such limits to action results in an inherited tendency to maintain them. The general consciousness of the need for maintaining them results in punishment of their disregard. Self-subordination among solitary animals is found only in parenthood; among gregarious animals there is a further subjection of the individual to his kind, and where an occasional sacrifice of life furthers the preservation of species, sub-human justice may rightly have this second limitation.
In order of priority, the law of relation between conduct and consequence, the principle that each individual ought to receive the good and evil resulting from his own nature, stands first; it is the primary law holding of all creatures. The law of the restraint, in gregarious animals, of interfering acts, is second in time and authority, and is simply a specification of the form which the primary law takes under conditions of gregarious life, since, in asserting restriction of the interactions of conduct and consequence, it tacitly reasserts that these interactions must be maintained in other individuals, that is, in all individuals. The third law, of the occasional sacrifice of individuals to their kind, is later and narrower in application, and a qualification of the first law. The first law is absolute for animals in general; the second is absolute for gregarious animals; but the third "is relative to the existence of enemies of such kinds that, in contending with them, the species gains more than it loses by the sacrifice of a few members; and in the absence of such enemies this qualification imposed by the third law disappears."
As human life is a development of sub-human life, so human justice is a development of sub-human justice. According to pure justice, the individual should suffer the consequences of his acts, and that such is the general opinion is implied in such common expressions as: "He has no one to blame but himself"; "He has made his own bed, and now he must lie on it"; "He has got no more than he deserved"; or, "He has fairly earned his reward."
The truth that, with higher organization, danger from accident becomes less, longevity is greater, and so differences count for more, showing their effects for longer periods, and justice therefore becomes greater, applies also to human beings. The rate of mortality decreases with man, and according to his civilization.
More clearly in the case of human beings than in that of other animals is it shown that gregariousness establishes itself because it profits the variety. Where a variety live on wild food, they associate only in small groups; game and fruit, widely distributed, can support these only. "But greater gregariousness arises where agriculture makes possible the support of a large number on a small area; and where the accompanying development of industries introduces many and various coöperations." The advantages of coöperation can be had only by conformity to the conditions which association imposes—by such limitation of the pursuits of individuals as to leave a surplus of advantage to associated life. "This truth is illustrated by the unprosperous or decaying state of communities in which the trespasses of individuals on one another are so numerous and great as generally to prevent them from severally receiving the normal results of their labors." Mutual restraint being more imperative with human beings than with animals, there is with them a still more marked habit of punishment.
"Through all which sets of facts is manifested the truth, recognized practically if not theoretically, that each individual, carrying on the actions which subserve his life, and not prevented from receiving their normal results, good and bad, shall carry on these actions under such restraints as are imposed by the carrying on of kindred actions by other individuals, who have similarly to receive such normal results, good and bad. And vaguely, if not definitely, this is seen to constitute what is called justice."
In the highest gregarious creature, the necessity which we found, of an occasional sacrifice of the individual in defence of species, assumes large proportions, the defence being not only against enemies of other kinds, but also against enemies of the same kind. This obligation is less than that of care for offspring, or mutual restraint. It exists only as necessary to protect the society against destruction, hence only for defensive, not for offensive, war. It may be objected that war peoples the earth with the stronger, but this is not necessarily so, since the conquered may merely be fewer in number. And further, it is only during the earlier stages of human progress that the development of strength, courage, and cunning are of chief importance. But for an accident, Persia would have conquered Greece; and Tartar hordes once very nearly overwhelmed European civilization. The races best fitted for social life do not necessarily conquer, and there are injurious moral reactions on both conquering and conquered. Only defensive war retains a quasi-ethical justification. It belongs, however, to a transitional state, and is not justified by Absolute Ethics.
As the organs of inferior animals are moulded into fitness for the requirements of life, so, simultaneously, through nervous modifications, their sensations, instincts, emotions, and intellectual aptitudes are also moulded to these requirements,—in the gregarious animals to the conditions of gregarious life. Many evolutionists appear to regard the variability of man as ceasing with civilized life, but the whole analogy of nature is against such a theory; we must assume that man, like other animals, is moulded to suit his requirements, and that moral changes are among those thus wrought out. Aggressive actions often entail suffering on the individuals of a group performing them, as well as on the group as a whole, and on the other hand, harmonious coöperation in a group profits the average of its members; so that there is a tendency to survival of groups having such adaptation of nature. And just as a love of property, formerly gratified by possession of food and shelter, came later to be extended to the weapons for obtaining these, and, later, even to the raw materials, the pleasure in ownership becoming more and more abstract and remote from material satisfaction, so the natural impatience of animal nature at restraint of its powers becomes in man a sentiment of egoistic justice, for justice requires the free play of all forces in order that the results of character may fall upon the individual. It is more difficult to understand how the altruistic sentiment of justice comes into being. On one hand, its implication is that it can be developed only by adaptation to social life; on the other, it appears that social life is impossible without the maintenance of those equitable relations which imply a sentiment of justice. These requirements are fulfilled by a pro-altruistic sentiment of justice, which takes its place. The first deterrent from aggression, among animals, is fear of retaliation; a further restraint, with man, is fear of reprobation or social disgrace. To these are to be added the feelings arising under political and religious authority—the dread of legal punishment and the dread of divine vengeance; and these four kinds of feelings coöperate, forming a body of feeling, which checks the primitive tendency to pursue the objects of desire without regard to the interests of fellow-men, and though containing nothing of the altruistic sentiment of justice, makes social coöperation possible. Creatures which become gregarious, tend to become sympathetic in degrees proportionate to their intelligence—by sympathy being meant the arousing of kindred feeling by the witness of a display of feeling in others, sympathy being fostered by common enjoyments and sufferings. The altruistic sentiment of justice is slow in assuming a high form, "partly because its primary component does not become highly developed until a late phase of progress, partly because it is relatively complex, and partly because it implies a stretch of imagination not possible for low intelligences." As, until pain has been felt, there cannot be sympathy with pain, so the altruistic sentiment of justice cannot be developed until the egoistic sentiment has arisen; moreover, the sentiment of justice is concerned, not only with concrete pains and pleasures, but also with their conditions, and hence this sentiment demands a development of the power of mental representation.
There is a close connection between the sentiment of justice and the social type. Predominant militancy affords no scope for the egoistic sentiment of justice, and at the same time sympathy is perpetually seared by militant activities. On the other hand, as fast as voluntary coöperation, which characterizes the industrial type of society, becomes more general than compulsory coöperation, which characterizes the militant type of society, individual activities become less restrained, and the sentiment which rejoices in the scope for them is encouraged; while simultaneously, the occasions for repressing the sympathies become less frequent.