Finally, in certain conditions of a nation's progress, laws limiting accumulation of any kind of property may be found expedient.
116. C. Critic Law determines questions of injury, and assigns due rewards and punishments to conduct.
Two curious economical questions arise laterally with respect to this branch of law, namely, the cost of crime, and the cost of judgment. The cost of crime is endured by nations ignorantly, that expense being nowhere stated in their budgets; the cost of judgment, patiently, (provided only it can be had pure for the money), because the science, or perhaps we ought rather to say the art, of law, is felt to found a noble profession and discipline; so that civilized nations are usually glad that a number of persons should be supported by exercise in oratory and analysis. But it has not yet been calculated what the practical value might have been, in other directions, of the intelligence now occupied in deciding, through courses of years, what might have been decided as justly, had the date of judgment been fixed, in as many hours. Imagine one half of the funds which any great nation devotes to dispute by law, applied to the determination of physical questions in medicine, agriculture, and theoretic science; and calculate the probable results within the next ten years!
I say nothing yet of the more deadly, more lamentable loss, involved in the use of purchased, instead of personal, justice—"επακτω παρ αλλων—απορια οικεων."
117. In order to true analysis of critic law, we must understand the real meaning of the word "injury."
We commonly understand by it, any kind of harm done by one man to another; but we do not define the idea of harm: sometimes we limit it to the harm which the sufferer is conscious of; whereas much the worst injuries are those he is unconscious of; and, at other times, we limit the idea to violence, or restraint; whereas much the worse forms of injury are to be accomplished by indolence, and the withdrawal of restraint.
118. "Injury" is then simply the refusal, or violation of, any man's right or claim upon his fellows: which claim, much talked of in modern times, under the term "right," is mainly resolvable into two branches: a man's claim not to be hindered from doing what he should; and his claim to be hindered from doing what he should not; these two forms of hindrance being intensified by reward, help, and fortune, or Fors, on one side, and by punishment, impediment, and even final arrest, or Mors, on the other.
119. Now, in order to a man's obtaining these two rights, it is clearly needful that the worth of him should be approximately known; as well as the want of worth, which has, unhappily, been usually the principal subject of study for critic law, careful hitherto only to mark degrees of de-merit, instead of merit;—assigning, indeed, to the Deficiencies (not always, alas! even to these) just estimate, fine, or penalty; but to the Efficiencies, on the other side, which are by much the more interesting, as well as the only profitable part of its subject, assigning neither estimate nor aid.
120. Now, it is in this higher and perfect function of critic law, enabling instead of disabling, that it becomes truly Kingly, instead of Draconic: (what Providence gave the great, wrathful legislator his name?): that is, it becomes the law of man and of life, instead of the law of the worm and of death—both of these laws being set in changeless poise one against another, and the enforcement of both being the eternal function of the lawgiver, and true claim of every living soul: such claim being indeed strong to be mercifully hindered, and even, if need be, abolished, when longer existence means only deeper destruction, but stronger still to be mercifully helped, and recreated, when longer existence and new creation mean nobler life. So that reward and punishment will be found to resolve themselves mainly[61] into help and hindrance; and these again will issue naturally from time recognition of deserving, and the just reverence and just wrath which follow instinctively on such recognition.
121. I say, "follow," but, in reality, they are part of the recognition. Reverence is as instinctive as anger;—both of them instant on true vision: it is sight and understanding that we have to teach, and these are reverence. Make a man perceive worth, and in its reflection he sees his own relative unworth, and worships thereupon inevitably, not with stiff courtesy, but rejoicingly, passionately, and, best of all, restfully: for the inner capacity of awe and love is infinite in man, and only in finding these, can we find peace. And the common insolences and petulances of the people, and their talk of equality, are not irreverence in them in the least, but mere blindness, stupefaction, and fog in the brains,[62] the first sign of any cleansing away of which is, that they gain some power of discerning, and some patience in submitting to, their true counsellors and governors. In the mode of such discernment consists the real "constitution" of the state, more than in the titles or offices of the discerned person; for it is no matter, save in degree of mischief, to what office a man is appointed, if he cannot fulfil it.