a particular carnivore special power to secure prey. In a herd of herbivorous creatures, the one with quickest hearing, clearest vision, most sensitive nostril, or greatest speed, is the one most likely to save itself. Evidently, in proportion as the endowments, mental and bodily, of a species are high, and as, consequently, its ability to deal with the incidents of the environment is great, the continued life of each individual is less dependent on accidents against which it cannot guard. And, evidently, in proportion as this result of general superiority becomes marked, the results of special superiorities are felt. Individual differences of faculty play larger parts in determining individual fate. Now deficiency of a power shortens life, and now a large endowment prolongs it. That is to say, individuals experience more fully the results of their own natures-the justice is more decided.

With creatures which lead solitary lives, the nature of sub-human justice is thus sufficiently expressed; but on passing to gregarious creatures, there enters into it a new element.

Simple association, as of sheep or deer, profits the individual and the species only by that more efficient safeguarding which results from the superiority of a multitude of eyes, ears, and noses over the eyes, ears, and nose of a single individual. Through the alarms more quickly given, all benefit by the senses of the most acute. Where this, which we may call passive co-operation, rises into active co-operation, as among rooks where one of the flock keeps watch while the rest feed, or as among beavers where a number work together in making dams, or as among wolves where, by a plan of attack in which the individuals play different parts, prey is caught which would otherwise not be caught; there is still greater advantage to the individuals and to the species. And, speaking generally, we may say that gregariousness, and co operation more or less active establich themselves in a species only because they are profitable to it; since, otherwise, survival of the fittest must prevent establishment of them.

But now mark that this profitable association is made possible only by observance of certain conditions. The acts directed to self-sustentation which each performs, are performed more or less in presence of others performing like acts; and there

tends to result more or less interference. If the interference is great, it may render the association unprofitable. For the association to be profitable the acts must be restrained to such extent as to leave a balance of advantage. Survival of the fittest will else exterminate that variety of the species in which association begins.

Here, then, we find a further factor in sub-human justice. Each individual, receiving the benefits and the injuries due to its own nature and consequent conduct, has to carry on that conduct subject to the restriction that it shall not in any large measure impede the conduct by which each other individual achieves benefits or brings on itself injuries. The average conduct must not involve aggressions of such amounts as to cause evils which out balance the good obtained by co-operation. Thus, to the positive element in sub-human justice has to be added, among gregarious creatures, a negative element.

The necessity for observance of the condition that each member of the group while carrying on the pursuit of self-sustentation and sustentation of offspring, shall not seriously impede the like pursuits of others, makes itself so felt, where association is established, as to mould the species to it. The mischiefs from time to time experienced when the limits are transgressed, continually discipline all in such ways as to produce regard for the limits; so that such regard becomes, in course of time, a natural trait of the species. For, manifestly, regardlessness of the limits, if great and general, causes dissolution of the group. Those varieties only can survive as gregarious varieties in which there is an inherited tendency to maintain the limits.

Yet, further, there arises such general consciousness of the need for maintaining the limits, that punishments are inflicted on transgressors-not only by aggrieved members of the group, but by the group as a whole. A Arogue" elephant (always distinguished as unusually malicious) is one which has been expelled from the herd: doubtless because of conduct obnoxious to the rest-probably aggressive. is said that from a colony of beavers an idler is banished, and thus prevented from profiting by labors in which he does not join a statement made more credible by the fact that drones, when no longer needed, are killed by worker bees. The testimonies of observers in different countries.

show that a flock of crows, after prolonged noise of consultation, will summarily execute an offending member. And an eyewitness affirms that among rooks, a pair which steals the sticks from neighboring nests has its own nest pulled to pieces by the rest.

Here, then, we see that the à priori condition to harmonious co-operation comes to be tacitly recognized as something like a law; and there is a penalty consequent upon breach of it.

That the individual shall experience all the consequences, good and evil, of its own nature and consequent conduct, which is that primary principle of sub-human justice whence results survival of the fittest, is, in creatures that lead solitary lives, a principle complicated only by the responsibilities of parenthood. Among them the purely egoistic actions of self-sustentation have, during the reproductive period, to be qualified by that self subordination which the rearing of offspring necessitates, but by no other self-subordination. Among gregarious creatures of consider able intelligence, however, the welfare of the species occasionally demands a further self-subordination.

We read of bisons that, during the calving season, the bulls form an encircling guard round the herd of cows and calves, to protect them against wolves and other predatory animals: a proceeding which entails on each bull some danger, but which conduces to the preservation of the species. Out of a herd of elephants about to emerge from a forest to reach a drinking place, one will first appear and look round in search of dangers, and, not discerning any, will then post some others of the herd to act as watchers; after which the main body comes forth and enters the water. Here a certain extra risk is run by the few that the many may be the safer. In a still greater degree we are shown this kind of action by a troop of monkeys, the members of which will combine to defend or rescue one of their number; for though in any particular case the species may not profit, since more mortality may result than would have resulted, yet it profits in the long run by the display of a character which makes attack on its groups danger

ous.

Evidently, then, if by such conduct one variety of a gregarious species keeps up, or increases, its numbers, while other vari

eties, in which self subordination thus directed does not exist, fail to do this, a certain sanction is acquired for such conduct. The preservation of the species being the ultimate end, it results that where an occasional mortality of individuals in defence of the species furthers this preservation in a greater degree than would pursuit of exclusive benefit by each individual, that which we recognize as sub-human justice may rightly have this second limitation.

It remains only to point out the order of priority, and the respective ranges, of these principles. The law of relation between conduct and consequence, which, throughout the animal kingdom at large, brings prosperity to those individuals which are structurally best adapted to their conditions of existence, and which, under its ethical aspect, is expressed in the principle that each individual ought to receive the good and the evil which arises from its own nature, is the primary law holding of all creatures; and is applicable without qualification to creatures which lead solitary lives, save in that self-subordination needed among the higher of them for the rearing of offspring.

Among gregarious creatures, and in an increasing degree as they co-operate more, there comes into play a law, second in order of time and authority, that those actions through which, in fulfilment of its nature, the individual achieves benefits and avoids evils, shall be restrained by the need for non-interference with the like actions of associated individuals. A substantial respect for this law in the average of cases being the condition under which alone gregariousness can continue, it becomes an imperative law for creatures to which gregariousness is a benefit. But, obviously, this secondary law is simply a specification of that form which the primary law takes under the conditions of gregarious life ; since, by asserting that in each individual the inter-actions of conduct and consequence must be restricted in the specified way, it tacitly reasserts that these interactions must be maintained in all other individuals.

Later in origin, and narrower in range, is the third law, that under conditions such that, by the occasional sacrifices of some members of a species, the species as a whole prospers, there arises a sanction for such sacrifices, and a consequent qualifica

tion of the law that each individual shall receive the benefits and evils of its own

nature.

Finally, it should be observed that whereas the first law is absolute for animals in general, and whereas the second law is absolute for gregarious animals, the third law 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.

III. HUMAN JUSTICE.

The contents of the last chapter foreshadow the contents of this. As, from the evolution point of view, human life must be regarded as a further development of sub human life, it follows that from this same point of view, human justice must be a further development of subhuman justice. For convenience the two are here separately treated, but they are essentially of the same nature, and form parts of a continuous whole.

Of man, as of all inferior creatures, the law by conformity to which the species is preserved is that among adults the individuals best adapted to the conditions of their existence shall prosper most, and that individuals least adapted to the conditions of their existence shall prosper least-a law which, if unintefered with, entails survival of the fittest, and spread of the most adapted varieties. And as before so here, we see that, ethically considered, this law implies that each individual ought to receive the benefits and the evils of his own nature and consequent conduct: neither being prevented from having whatever good his actions normally bring to him, nor allowed to shoulder off on to other persons whatever ill is brought to him by his actions.

To what extent such ill, naturally following from his actions, may be voluntarily borne by other persons, it does not concern us now to inquire. The qualifying effects of pity, mercy, and generosity, will be considered hereafter in the parts dealing with Negative Beneficence" and "Positive Beneficence.' "" Here we are concerned only with pure justice.

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The law thus originating, and thus ethically expressed, is obviously that which commends itself to the common apprehension as just. Sayings and criticisms daily heard imply a perception that conduct and

consequence ought not to be dissociated.. When, of some one who suffers a disaster, it is said" He has no one to blame but himself," there is implied the belief that he has not any ground for complaint. The comment on one whose mis-judgment or misbehavior has entailed evil upon him, that "he has made his own bed, and now he must lie in it," has behind it the conviction that this connection of cause and effect is proper. Similarly with the remark-" He got no more than he deserved." A kindred conviction is implied when, conversely, there results good in-. stead of evil. "He has fairly earned his reward ;" "He has not received due recompense;" are remarks indicating the consciousness that there should be a proportion between effort put forth and advantage achieved.

The truth that justice becomes more pronounced as organization becomes higher, which we contemplated in the last chapter, is futher exemplified on passing from sub-human justice to human justice. The degree of justice and the degree of organization simultaneously make vances. These are shown alike by the entire human race, and by its superior varieties as contrasted with its inferior.

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We saw that a high species of animals is distinguished from a low species in the respect that since its aggregate suffers less mortality from destructive agencies, each of its members continues on the average for a longer time subject to the normal relation between conduct and consequence; and here we see that the human race as a whole, far lower in its rate of mortality than nearly all races of inferior kinds, usually subjects its members for much longer periods to the good and evil results of well-adapted and ill-adapted conduct. We also saw that as, among the higher animals, a greater average longevity makes it possible for individual differences to show their effects for longer periods, it results that the unlike fates of different individuals are to a greater extent determined by that normal relation between conduct and consequence which constitutes justice; and we here see that in mankind unlikenesses of faculty in still greater degrees, and for still longer periods, work out their effects in advantaging the superior and disadvantaging the inferior in the continuous play of conduct and consequence.

Šimilarly is it with the civilized varieties

of mankind as compared with the savage varieties. A still further diminished rate of mortality implies that there is a relatively still larger proportion, the members of which, during long lives, gain good from well-adapted acts, and suffer evil from ill-adapted ones. While also it is manifest that both the greater differences of longevity among individuals, and the greater differences of social position, imply that in civilized societies more than in savage societies, differences of endowment and consequent differences of conduct are enabled to cause their appropriate differences of results, good or evil: the justice is greater. More clearly in the human race than in lower races are we shown that gregariousness establishes itself because it profits the variety in which it arises, partly by furthering general safety and partly by facilitating sustentation. And we are shown that the degree of gregariousness is determined by the degree in which it thus subserves the interests of the variety. For where the variety is one of which the members live on wild food, they associate only in small groups: game and fruits 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 cooperations.

But that which was faintly indicated anong lower beings is conspicuously displayed among human beings-that the advantages of co-operation can be had only by conformity to certain requirements which association imposes. The mutual hindrances liable to arise during the pursuit of their ends by individuals living in proximity, must be kept within such limits as to leave a surplus of advantage obtained by associated life. Some types of men, as the Abors, lead solitary lives, because their aggressiveness is such that they cannot live together. And in view of this extreme case it is clear that though, in many primitive groups, individual antagonisms often cause quarrels, yet the groups are maintained because their members derive a balance of benefit-chiefly in greater safety. It is also clear that in proportion as communities become developed and their division of labor complex, the advantages of co-operation can be gained only by a still better maintenance of those limits to each

man's activities necessitated by the simultaneous activities of others. This truth is illustrated by the unprosperous or decaying state of communities in which the aggressions of individuals on one another are so numerous and great as to prevent them from severally receiving the normal results of their actions.

The requirement that individual activities must be mutually restrained, which we saw is so felt among certain inferior gregarious creatures that they inflict punishments on those who do not duly restrain them, is a requirement which, more imperative among men, and more distinctly felt by them to be a requirement, causes a still more marked habit of inflicting punishments on offenders. Though in primitive groups it is commonly left to any one who is injured to revenge himself on the injurer, and though even in the societies of feudal Europe, the defending and enforcing of his claims was in many cases held to be each man's personal concern; yet there has ever tended to grow up such perception of the need for internal order, and such sentiment accompanying the perception, that infliction of punishments by the community as a whole, or by its established agents, has become habitual. And that a system of laws enacting restrictions on conduct, and punishments for breaking them, is a natural product of human life carried on under social conditions, is shown by the fact that among multitudinous nations composed of various types of mankind, similar actions, similarly regarded as trespasses, have been similarly forbidden.

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.

We saw that among inferior gregarious creatures, justice in its universal simple form, besides being qualified by the selfsubordination which parentood implies, and in some measure by the self-restraint necessitated by association, is in a few

cases further qualified in a small degree by the partial or complete sacrifice of individuals made in defence of the species. And now in the highest gregarious creature we see that this further qualification of primitive justice assumes large proportions.

No longer as among inferior beings demanded only by the need for defence against enemies of other kinds, this further self-subordination is, among human beings, also demanded by the need for defence against enemies of the same kind. Having become the predominant inhabitants of the Earth, and having spread wherever there is food, men have come to be everywhere in one another's way; and the mutual enmities hence resulting, have made the sacrifices entailed by wars between groups, far greater than the sacrifices made in defence of the groups against inferior animals. It is doubtless true with the human race, as with lower races, that destruction of the group or the variety does not imply destruction of the species; and it therefore follows that such obligation as exists for self-subordination in the interests of the group or the variety, is an obligation of lower degree than is that of sustentation of offspring, without fulfilment of which the species must disappear, and of lower degree than the obligation to restrain actions within the limits imposed by social conditions, without fulfilment of which the group will dissolve. Still, it must be regarded as an obligation to the extent to which the maintenance of the species is subserved by the maintenance of each of its groups.

But the self-subordination thus justified, and in a sense rendered obligatory, is limited to that which is required for defensive

war.

Only because the preservation of the group as a whole conduces to preservation of its members' lives and their ability to pursue the objects of life, is there a reason for the sacrifice of some of its members; and this reason no longer exists when war is offensive instead of defensive.

It may, indeed, be contended that since offensive wars initiate those struggles between groups which end in the destruction of the weaker, offensive wars, furthering the peopling of the Earth by the stronger, subserve the interests of the race. But even supposing that the conquered groups always consisted of men

having smaller mental or bodily fitness for war (which they do not; for it is in part a question of numbers, and the smaller groups may consist of the more capable warriors), there would still be an adequate answer. It is only during the earlier stages of human progress that the development of strength, courage, and cunning, are of chief importance. After societies of considerable size have been formed and the subordination needed for organizing them produced, other and higher faculties become those of chief importance; and the struggle for existence carried on by force, does not always further the survival of the fittest. The fact that but for a mere accident Persia would have conquered Greece, and the fact that the Tartar hordes very nearly overwhelmed European civilization, show that offensive war can be trusted to subserve the interests of the race only when the capacity for a high social life does not exist, and that in proportion as this capacity develops, offensive war tends more and more to hinder, rather than to further, human welfare. In brief we may say that the arrival at a stage in which ethical considerations come to be entertained, is the arrival at a stage in which offensive war, by no means certain to further predominance of races fitted for a high social life, and certain to cause injurious moral reactions on the conquering as well as on the conquered, ceases to be justifiable; and only defensive war retains a quasi-ethical justification.

And here it is to be remarked that the self-subordination which defensive war involves, and the need for such qualification of the abstract principle of justice as it implies, belong to that transitional state necessitated by the physical-force-conflict of races; and that they must disappear when there is reached a peaceful state. That is to say, all questions concerning the extent of such qualifications pertain to what we distinguished as relative ethics; and are not recognized by that absolute ethics which is concerned with the principles of right conduct in a society formed of human beings fully adapted to social life.

This distinction I emphasize here because throughout succeeding chapters we shall find that recognition of it helps us to disentangle the involved problems of political ethics.-Nineteenth Century.