The Data of Ethics

by Herbert Spencer

When we come to early races who have given their thoughts and feelings literary form we find this conception of justice, as involving equalness of action, becoming distinct. Among the Jews, David expressed in words this association of ideas when, praying to God to "hear the right," he said, "Let my sentence come forth from thy presence; let thine eyes behold the things that are equal;" as also, among early Christians, did Paul when to the Colossians he wrote, "Masters, give unto your servants that which is just and equal." Commenting on the different meanings of justice, Aristotle concludes that "the just will, therefore, be the lawful and the equal, and the unjust the unlawful and the unequal. But since the unjust man is also one who takes more than his share," etc. And that justice was similarly conceived by the Romans they proved by including under it such meanings as exact, proportionate, impartial, severally implying fairness of division, and still better by identification of it with equity, which is a derivative of æquus: the word æquus itself having for one of its meanings just or impartial.

This coincidence of view among ancient peoples respecting the nature of justice, has extended to modern peoples; who by a general agreement in certain cardinal principles which their systems of law embody, forbidding direct aggressions, which are forms of unequal actions, and forbidding indirect aggressions by breaches of contract, which are other forms of unequal actions, one and all show us the identification of justice with equalness. Bentham, then, is wrong when he says—"But what justice is—this is what on every occasion is the subject-matter of dispute." He is more wrong, indeed, than has thus far appeared. For, in the first place, he misrepresents utterly by ignoring the fact in ninety-nine out of every hundred daily transactions between men, no dispute about justice arises; but the business done is recognized on both sides as justly done. And in the second place if, with respect to the hundredth transaction there is a dispute, the subject matter of it is not "what justice is," for it is admitted to be equity or equalness; but the subject matter of dispute always is what, under these particular circumstances, constitutes equalness?—a widely different question.

It is not then self-evident, as Bentham alleges, that happiness is an intelligible end while justice is not; but contrariwise examination makes evident the greater intelligibility of justice as an end. And analysis shows why it is more intelligible. For justice, or equity, or equalness, is concerned exclusively with quantity under stated conditions; whereas happiness is concerned with both quantity and quality under conditions not stated. When, as in case of theft, a benefit is taken while no equivalent benefit is yielded—when, as in case of adulterated goods bought or base coin paid, that which is agreed to be given in exchange as of equal value is not given, but something of less value—when, as in case of broken contract, the obligation on one side has been discharged while there has been no discharge, or incomplete discharge, of the obligation on the other; we see that, the circumstances being specified, the injustice complained of refers to the relative amounts of actions, or products, or benefits, the natures of which are recognized only so far as is needful for saying whether as much has been given, or done, or allowed, by each concerned, as was implied by tacit or overt understanding to be an equivalent. But when the end proposed is happiness, the circumstances remaining unspecified, the problem is that of estimating both quantities and qualities, unhelped by any such definite measures as acts of exchange imply, or as contracts imply, or as are implied by the differences between the doings of one aggressing and one aggressed upon. The mere fact that Bentham himself includes as elements in the estimation of each pleasure or pain, its intensity, duration, certainty, and proximity, suffices to show how difficult is this problem. And when it is remembered that all pleasures and pains, not felt in particular cases only but in the aggregate of cases, and severally regarded under these four aspects, have to be compared with one another and their relative values determined, simply by introspection; it will be manifest both that the problem is complicated by the addition of indefinite judgments of qualities to indefinite measures of quantities, and that it is further complicated by the multitudinousness of these vague estimations to be gone through and summed up.

But now passing over this assertion of Bentham that happiness is a more intelligible end than justice, which we find to be the reverse of truth, let us note the several implications of the doctrine that the supreme legislative body ought to make the greatest happiness of the greatest number its immediate aim.

It implies, in the first place, that happiness may be compassed by methods framed directly for the purpose, without any previous inquiry respecting the conditions that must be fulfilled; and this pre-supposes a belief that there are no such conditions. For if there are any conditions without fulfillment of which happiness cannot be compassed, then the first step must be to ascertain these conditions with a view to fulfilling them; and to admit this is to admit that not happiness itself must be the immediate end, but fulfillment of the conditions to its attainment must be the immediate end. The alternatives are simple: Either the achievement of happiness is not conditional, in which case one mode of action is as good as another, or it is conditional, in which case the required mode of action must be the direct aim and not the happiness to be achieved by it.

Assuming it conceded, as it will be, that there exist conditions which must be fulfilled before happiness can be attained, let us next ask what is implied by proposing modes of so controlling conduct as to further happiness, without previously inquiring whether any such modes are already known? The implication is that human intelligence throughout the past, operating on experiences, has failed to discover any such modes; whereas present human intelligence may be expected forthwith to discover them. Unless this be asserted, it must be admitted that certain conditions to the achievement of happiness have already been partially, if not wholly, ascertained; and if so, our first business should be to look for them. Having found them, our rational course is to bring existing intelligence to bear on these products of past intelligence, with the expectation that it will verify the substance of them while possibly correcting the form. But to suppose that no regulative principles for the conduct of associated human beings have thus far been established, and that they are now to be established de novo, is to suppose that man as he is differs from man as he was in an incredible degree.

Beyond ignoring the probability, or rather the certainty, that past experience generalized by past intelligence, must by this time have disclosed partially, if not wholly, some of the essential conditions to the achievement of happiness, Bentham's proposition ignores the formulated knowledge of them actually existing. For whence come the conception of justice and the answering sentiment. He will scarcely say that they are meaningless, although his proposition implies as much; and if he admits that they have meanings, he must choose between two alternatives either of which is fatal to his hypothesis. Are they supernaturally caused modes of thinking and feeling, tending to make men fulfill the conditions to happiness? If so their authority is peremptory. Are they modes of thinking and feeling naturally caused in men by experience of these conditions? If so, their authority is no less peremptory. Not only, then, does Bentham fail to infer that certain principles of guidance must by this time have been ascertained, but he refuses to recognize these principles as actually reached and present to him.

And then after all, he tacitly admits that which he overtly denies, by saying that—"Be the meaning of the word justice what it will, what regard is it entitled to otherwise than as a means of happiness?" For if justice is a means having happiness as its end, then justice must take precedence of happiness, as every other means takes precedence of every other end. Bentham's own elaborate polity is a means having happiness as its end, as justice is, by his own admission, a means having happiness as an end. If, then, we may properly skip justice, and go directly to the end happiness, we may properly skip Bentham's polity, and go directly to the end happiness. In short, we are led to the remarkable conclusion that in all cases we must contemplate exclusively the end and must disregard the means.

§ 61. This relation of ends to means, underlying all ethical speculation will be further elucidated if we join with some of the above conclusions, certain conclusions drawn in the last chapter. We shall see that while greatest happiness may vary widely in societies which, though ideally constituted, are subject to unlike physical circumstances, certain fundamental conditions to the achievement of this greatest happiness, are common to all such societies.

Given a people inhabiting a tract which makes nomadic habits necessary, and the happiness of each individual will be greatest when his nature is so molded to the requirements of his life, that all his faculties find their due activities in daily driving and tending cattle, milking, migrating and so forth. The members of a community otherwise similar, which is permanently settled, will severally achieve their greatest happiness when their natures have become such that a fixed habitat, and the occupations necessitated by it, supply the spheres in which each instinct and emotion is exercised and brings the concomitant pleasure. The citizens of a large nation, industrially organized, have reached their possible ideal of happiness, when the producing, distributing, and other activities, are such in their kinds and amounts, that each citizen finds in them a place for all his energies and aptitudes, while he obtains the means of satisfying all his desires. Once more we may recognize as not only possible but probable, the eventual existence of a community, also industrial, the members of which, having natures similarly responding to these requirements, are also characterized by dominant æsthetic faculties, and achieve complete happiness only when a large part of life is filled with æsthetic activities. Evidently these different types of men, with their different standards of happiness, each finding the possibility of that happiness in his own society, would not find it if transferred to any of the other societies. Evidently, though, they might have in common such kinds of happiness as accompany the satisfaction of vital needs, they would not have in common sundry other kinds of happiness.