a particular carnivore special power to se- tends to result more or less interference. cure prey.

In a berd of herbivorous crea- If the interference is great, it may render tures, the one with quickest hearing, clear the association unprofitable. For the asest vision, most sensitive nostril, or greatest sociation to be profitable the acts must be speed, is the one most likely to save itself. restrained to such extent as to leave a bal

Evidently, in proportion as the endow- ance of advantage. Survival of the fittest ments, mental and bodily, of a species are will else exterminate that variety of the high, and as, consequently, its ability to species in which association begins. deal with the incidents of the environment Here, then, we find a further factor in is great, the continued life of each indi- sub-human justice. Each individual, revidual is less dependent on accidents ceiving the benefits and the injuries due to against which it cannot guard. And, evi- its own nature and consequent conduct, dently, in proportion as this result of gen- bas to carry on that conduct subject to the eral superiority becomes marked, the re- restriction that it shall not in any large sults of special superiorities are felt. In

measure impede the conduct by which dividual differences of faculty play larger each other individual achieves benefits or parts in determining individual fate. Now brings on itself injuries. The average condeficiency of a power shortens life, and now duct must not involve aggressions of such a large endowment prolongs it. That is amounts as to cause evils which out balance to say, individuals experience more fully the good obtained by co-operation. Thus, the results of their own natures—the jus- to the positive element in sub-human justice is more decided.

tice has to be added, among gregarious With creatures which lead solitary lives, creatures, a negative element. the nature of sub-human justice is thus The necessity for observance of the consufficiently expressed ; but on passing to dition that each member of the group gregarious creatures, there enters into it a while carrying on the pursuit of self-susnew element.

tentation and sustentation of offspring, Simple association, as of sheep or deer, shall not seriously impede the like pursuits profits the individual and the species only of others, makes itself so felt, where assoby that more efficient safeguarding which ciation is established, as to mould the results from the superiority of a multitude species to it. The mischiefs from time to of eyes, ears, and noses over the eyes, ears, tine experienced when the limits are transand nose of a single individual. Through gressed, continually discipline all in such the alarms more quickly given, all benefit ways as to produce regard for the limits ; by the senses of the most acute. Where so that such regard becomes, in course of this, which we may call passive co-opera- time, a natural trait of the species. For, tion, rises into active co-operation, as manifestly, regardlessness of the limits, if among rooks where one of the flock keeps great and general, causes dissolution of the watch while the rest feed, or as among group. Those varieties only can survive beavers where a number work together in as gregarious varieties in which there is an making dams, or as among wolves where, inherited tendency to maintain the limits. by a plan of attack in which the individ- Yet, further, there arises such general uals play different parts, prey is caught consciousness of the need for maintaining which would otherwise not be caught; the limits, that punishments are inflicted there is still greater advantage to the indi- on transgressors—not only by aggrieved viduals and to the species. And, speaking members of the group, but by the group generally, we may say that gregariousness,

as a whole.

A rogue" elephant (aland co operation inore.or less active estab- ways distinguished as unusually malicious) lish themselves in a species only because is one which has been expelled from the they are profitable to it ; since, otherwise, herd : doubtless because of conduct obnoxsurvival of the fittest must prevent estab- ious to the rest-probably aggressive. It Jishment of them.

is said that from a colony of beavers an But now mark that this profitable asso- idler is banished, and thus prevented from ciation is made possible only by observance profiting by labors in which he does not of certain conditions. The acts directed join : a statement made more credible by to self-sustentation which each performs, the fact that drones, when no longer needare performed more or less in presence of ed, are killed by worker bees. The testiothers performing like acts ; and there monies of observers in different countries.


show that a flock of crows, after prolonged eties, in which self subordination thus dinoise of consultation, will summarily exe- rected does not exist, fail to do this, a cute an offending member. And an eye- certain sanction is acquired for such conwitness affirins that among rooks, a pair duct. The preservation of the species bewhich steals the sticks from neighboring ing the ultimate end, it results that where nests has its own nest pulled to pieces by an occasional mortality of individuals in the rest.

defence of the species furthers this preser. Here, then, we see that the à priori con- vation in a greater degree than would purdition to harmonious co-operation comes suit of exclusive benefit by each individual, to be tacitly recognized as something like that which we recognize as sub-human a law; and there is a penalty consequent justice may rightly have this second limiupon breach of it.

tation. That the individual shall experience all It remains only to point out the order the consequences, good and evil, of its of priority, and the respective ranges, of own nature and consequent conduct, which these principles. The law of relation beis that primary principle of sub-human tween conduct and consequence, which, justice whence results survival of the fits throughout the animal kingdom at large, test, is, in creatures that lead solitary lives, brings prosperity to those individuals which a principle complicated only by the re- are structurally best adapted to their consponsibilities of parenthood. Among them ditions of existence, and which, under its the purely egoistic actions of self-sustenta- ethical aspect, is expressed in the princition have, during the reproductive period, ple that each individual ought to receive to be qualified by that self subordination the good and the evil which arises from which the rearing of offspring necessitates, its own nature, is the primary law holding but by

other self-subordination of all creatures ; and is applicable without Among gregarious creatures of consider- qualification to creatures which lead soliable intelligence, however, the welfare of tary lives, save in that self-subordination the species occasionally demands a further needed among the higher of them for the self-subordination.

rearing of offspring. We read of bisons that, during the calv- Among gregarious creatures, and in an ing season, the bulls form an encircling increasing degree as they co-operate more, guard round the herd of cows and calves, there comes into play a law, second in to protect them against wolves and other order of time and authority, that those predatory animals : a proceeding which actions through which, in fulfilinent of its entails on each bull some danger, but which nature, the individual achieves benefits and conduces to the preservation of the species. avoids evils, shall be restrained by the need Out of a herd of elephants about to emerge for non-interference with the like actions from a forest to reach a drinking place, of associated individuals. A substantial one will first appear and look round in respect for this law in the average of cases search of dangers, and, not discerning any, being the condition under which alone gre. will then post some others of the herd to gariousness can continue, it becomes an act as watchers ; after which the main imperative law for creatures to which grebody comes forth and enters the water. gariousness is a benefit. But, obviously, Here a certain extra risk is run by the few this secondary law is simply a specification that the many may be the safer. In a still of that form which the primary law takes greater degree we are shown this kind of under the conditions of gregarious life i action by å troop of monkeys, the mem- since, by asserting that in each individual bers of which will combine to defend or the inter-actions of conduct and conse

one of their number ; for though quence must be restricted in the specified in any particular case the species may not way, it tacitly reasserts that these interprofit, since more mortality may result actions must be maintained in all other inthan would have resulted, yet it profits in dividuals. the long run by the display of a character Later in origin, and narrower in range, which makes attack on its groups danger- is the third law, that under conditions such

that, by the occasional sacrifices of some Evidently, then, if by such conduct one members of a species, the species as a variety of a gregarious species keeps up, whole prospers, there arises a sanction for or increases, its numbers, while other vari- such sacrifices, and a consequent qualifica



tion of the law that each individual shall consequence ought not to be dissociated.. receive the benefits and evils of its own When, of some one who suffers a disaster, nature.

it is said -“ He has no one to blame but Finally, it should be observed that himself,” there is implied the belief that whereas the first law is absolute for animals he has not any ground for complaint. in general, and whereas the second law is The comment on one whose mis-judgment absolute for gregarious animals, the third or misbehavior has entailed evil upon him, law is relative to the existence of enemies that “ he has made his own bed, and now of such kinds that, in contending with he must lie in it,” has behind it the conthem, the species gains more than it loses viction that this connection of cause and by the sacrifice of a few members ; and in effect is proper. Similarly with the rethe absence of such enemies this qualifica- mark—" He got no more than he detion imposed by the third law disappears. served." A kindred conviction is implied

when, conversely, there results good in-. III. HUMAN JUSTICE.

stead of evil. “ He has fairly earned his The contents of the last chapter fore- reward ;'' • He has not received due recshadow the contents of this. As, from ompense;" are remarks indicating the the evolution point of view, human life consciousness that there should be a promust be regarded as a further development portion between effort put forth and adof sub human life, it follows that from vantage achieved. this same point of view, human justice The truth that justice becomes more must be a further development of sub- pronounced as organization becomes highhuman justice. For convenience the two er, which we contemplated in the last are here separately treated, but they are chapter, is futher exemplified on passing essentially of the same nature, and form from sub-human justice to human justice. parts of a continuous whole.

The degree of justice and the degree of H. Of man, as of all inferior creatures, the organization simultaneously make adlaw by copformity to which the species is vances. These are shown alike by the preserved is that among adults the indi- entire human race, and by its superior viduals best adapted to the conditions of varieties as contrasted with its inferior. their existence shall prosper most, and that We saw that a high species of animals individuals least adapted to the conditions is distinguished from a low species in the of their existence shall prosper least-a law respect that since its aggregate suffers less which, if unintefered with, entails survival mortality from destructive agencies, each of the fittest, and spread of the most adapted of its members continues on the average varieties. And as before so here, we see for a longer time subject to the normal rethat, ethically considered, this law implies lation between conduct and consequence ; that each individual ought to receive the and here we see that the human race as a benefits and the evils of his own nature whole, far lower in its rate of mortality and consequent conduct : neither being than nearly all races of inferior kinds, prevented from having whatever good his usually subjects its members for much actions normally bring to him, nor

allowed longer periods to the good and evil results to shoulder off on to other persons what- of well-adapted and ill-adapted conduct. ever ill is brought to him by his actions. We also saw that as, among the higher

To what extent such ill, naturally follow- animals, a greater average longevity makes ing from his actions, may be voluntarily it possible for individual differences to borne by other persons, it does not concern show their effects for longer periods, it reus now to inquire. The qualifying effects sults that the unlike fates of different inof pity, mercy, and generosity, will be con- dividuals are to a greater extent determined sidered hereafter in the parts dealing with by that normal relation between conduct

Negative Beneficence" and “Positive and consequence which constitutes justice ; Beneficence."

Here we

are concerned and we here see that in mankind unlikeonly with pure justice.

nesses of faculty in still greater degrees, The law thus originating, and thus ethi- and for still longer periods, work out their cally expressed, is obviously that which effects in advantaging the superior and discommends itself to the common apprehen- advantaging the inferior in the continuous sion as just. Sayings and criticisms daily play of conduct and consequence. heard imply a perception that conduct and Similarly is it with the civilized varieties


of mankind as compared with the savage man's activities necessitated by the simu)varieties. A still further diminished rate taneous activities of others. This truth is of inortality implies that there is a rela- illustrated by the unprosperous or decaytively still larger proportion, the members ing state of communities in which the agof which, during long lives, gain good gressions of individuals on one another are from well-adapted acts, and suffer evil from so numerous and great as to prevent them ill-adapted ones. While also it is manifest from severally receiving the normal results that both the greater differences of lon- of their actions. gevity among individuals, and the greater The requirement that individual actividifferences of social position, imply that in ties must be mutually restrained, which we civilized societies more than in savage so- saw is so felt among certain inferior grecieties, differences of endowment and con- garious creatures that they inflict punishsequent differences of conduct are enabled ments on those who do not duly restrain to cause their appropriate differences of them, is a requirement which, more imperresults, good or evil : the justice is greater. ative among men, and more distinctly felt

More clearly in the human race than in by them to be a requirement, causes a still lower races are we shown that gregarious. more marked babit of inflicting punishness establishes itself because it profits the ments on offenders. Though in primitive variety in which it arises, partly by fur- groups it is commonly left to any one who thering general safety and partly by facili- is injured to revenge himself on the intating sustentation. And we are shown jurer, and though even in the societies of that the degree of gregariousness is deter- feudal Europe, the defending and enforcmined by the degree in which it thus sub- ing of his claims was in inany cases held serves the interests of the variety. For to be each man's personal concern ; yet where the variety is one of which the there has ever tended to grow up such

permeinbers live on wild food, they associate ception of the need for internal order, and only in small groups : game and fruits such sentiment accompanying the percepwidely distributed can support these only. tion, that infliction of punishments by the But greater gregariousness arises where community as a whole, or by its estabagriculture makes possible the support of a lished agents, has become habitual. And large number on a small area ; and where that a systein of laws enacting restrictions the accompanying development of indus- on conduct, and punishments for breaking tries introduces many and various co- them, is a natural product of human life operations.

carried on under social conditions, is shown But that which was faintly indicated by the fact that among multitudinous naainong lower beings is conspicuously dis- tions composed of various types of manplayed among human beings-that the ad- kind, similar actions, similarly regarded vantages of co-operation can be had only by as trespasses, have been similarly forbid. conformity to certain requirements which den. association imposes.

The mutual hin- Through all which sets of facts is mani. drances liable to arise during the pursuit of fested the truth, recognized practically if their ends by individuals living in prox- not theoretically, that each individual carimity, must be kept within such limits as to rying on the actions which subserve his leave a surplus of advantage obtained by life, and not prevented from receiving associated life. Some types of men, as the their normal results good and bad, shall Abors, lead solitary lives, because their carry on these actions under such restraints aggressiveness is such that they cannot live as are imposed by the carrying on of together. And in view of this extreme kindred actions by other individuals, who case it is clear that though, in many prim- bave similarly to receive such normal reitive groups, individual antagonisms often sults good and bad. And vaguely, if not cause quarrels, yet the groups are main- definitely, this is seen to constitute what tained because their members derive a bal- is called justice. ance of benefit-chiefly in greater safety. We saw that among inferior gregarious It is also clear that in proportion as com creatures, justice in its universal simple munities become developed and their di form, besides being qualified by the selfvision of labor complex, the advantages of subordination which parentood implies, co-operation can be gained only by a still and in some measure by the self-restraint better maintenance of those limits to each necessitated by association, is in a few


cases further qualified in a small degree by having smaller mental or bodily fitness for the partial or complete sacrifice of individ

war (which they do not ; for it is in part uals made in defence of the species. And a question of numbers, and the smaller now in the highest gregarious creature we groups may consist of the more capable see that this further qualification of primi- warriors), there would still be an adequate tive justice assumes large proportions,

It is only during the earlier No longer as among inferior beings de- stages of human progress that the develmanded only by the need for defence opment of strength, courage, and cunning, against enemies of other kinds, this fur- are of chief importance. After societies ther self-subordination is, among human of considerable size have been formed and beings, also demanded by the need for de- the subordination needed for organizing fence against enemies of the same kind. them produced, other and higher faculties Having become the predominant inhabi- become those of chief importance ; and tants of the Earth, and having spread the struggle for existence carried on by wherever there is food, men have come to force, does not always further the survival be every ywhere in one another's way ; and of the fittest. The fact that but for a the mutual enmities hence resulting, have mere accident Persia would have conquered made the sacrifices entailed by wars be- Greece, and the fact that the Tartar hordes tween groups, far greater than the sacri- very nearly overwhelmed European civili. fices made in defence of the groups against Zation, show that offensive war can be inferior animals. It is doubtless true with trusted to subserve the interests of tbe race the human race, as with lower races, that only when the capacity for a high social destruction of the group or the variety life does not exist, and that in proportion does not imply destruction of the species ; as this capacity develops, offensive war and it therefore follows that such obliga- tends more and more to hinder, rather tion as exists for self-subordination in the than to further, human welfare. In brief interests of the group or the variety, is an we may say that the arrival at a stage in obligation of lower degree than is that of which ethical considerations come to be sustentation of offspring, without fulfil. entertained, is the arrival at a stage in ment of which the species must disappear, which offensive war, by no means certain and of lower degree than the obligation to to further predominance of races fitted for restrain actions within the limits imposed a high social life, and certain to cause inby social conditions, without fulfilinent of jurious moral reactions on the conquering which the group will dissolve. Still, it as well as on the conquered, ceases to be must be regarded as an obligation to the justifiable ; and only defensive war retains extent to which the maintenance of the a quasi-ethical justification. species is subserved by the maintenance of And here it is to be remarked that the each of its groups.

self-subordination which defensive war inBut the self-subordination thus justified, volves, and the need for such qualification and in a sense rendered obligatory, is lim- of the abstract principle of justice as itimited to that which is required for defensive plies, belong to that transitional state newar. Only because the preservation of cessitated by the physical-force-conflict of the group as a whole conduces to preserva- races ; and that they must disappear when tion of its members' lives and their ability there is reached a peaceful state. That is to pursue the objects of life, is there a to say, all questions concerning the extent reason for the sacrifice of some of its mem- of such qualifications pertain to what we bers ; and this reason no longer exists when distinguished as relative ethics ; and are war is offensive instead of defensive. not recognized by that absolute ethics

It may, indeed, be contended that since which is concerned with the principles of offensive wars initiate those struggles be- right conduct in a society formed of human tween groups which end in the destruc- beings fully adapted to social life. tion of the weaker, offensive wars, fur- This distinction I emphasize here bethering the peopling of the Earth by the cause throughout succeeding chapters we stronger, subserve the interests of the shall find that recognition of it helps us to

But even supposing that the con- disentangle the involved problems of poquered groups always consisted of men litical ethics.-Nineteenth century.


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