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.

CHAPTER III.

HUMAN JUSTICE.

§ 12. 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 sub-human 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 uninterfered 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.

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 been inequitably dealt with. The comment on one whose misjudgment or misbehaviour 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 connexion 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 instead 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 that justice demands such a proportion.

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

We saw that a high species of animal is distinguished from a low species, in the respect that since its aggregate suffers less mortality from incidental 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.

Similarly 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 still larger proportion, the members of which gain good from well-adapted acts and suffer evil from ill-adapted acts. 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.

§ 14. More clearly in the human race than in lower races, we are 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 co-operations.

We come now to the truth-faintly indicated among lower beings and 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 this extreme case makes it 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, their division of labour complex, and their transactions multiplied, 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 trespasses of individuals on one another are so numerous and great as generally to prevent them from severally receiving the normal results of their labours.

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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