Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-20
CONCEPTS OF JusrrcE.
An Interesting Paper Read by Prof. Powell
Before the AnthropoloEical socicty.

Before the AnthropoloEical Society.
THE RECENT WORK OF HERBERT SPENCER PHIL
osoPHICALLr ANALrzED AND cnrrIclsEp-uow
THE TRUE LAW SHOULD BE srArrD-MH
INQUIRE ON THE ABoRIGINAL LApipAnY.
Two papers Of more than usual interest we're
read before the Anthropologicsl Society At its
last meeting in the assembly hall Of the Cos
mos Club. The first was by Prof. J. w. Powell,
the director of the geological survey, and the
other was by Mr.. J. D. MCGUIRE.
Prof. Powells paper was a pbiIosophical
treatise on the Concepts Of Justice" and in
cluded severe criticism upon the most recent
work Of Herbert Spencer. Prof. Powell ana
lived human existence into certain funda-
mental elements which tend to the creation of
justice. and these are termed tho concepts as
fohows; Life welfare, peace, liberty, equality.
equity and truth. They all tend 10 happiness.
The basis of tho thought of Prof. Powelrs
! theory OF justice is that, though in the yeeeta-
| bic kingdom only the better production can
survive, owing to the lack of room for ALL
men are not crowded out of life. There is
room Iof an, Ii IT were not So he argued.
there would have TO be some method of &c lee
! ton by which there would be some set apart
| for life and some for death But all have the
right not only to life, but to all tie elements of
life that tend to happiness. Happiness is I'M
| limited, and it is therefore unjust to deprive
man of it. The speaker Analysed life into
NUMBER OF phases, a5-biotic, sentient, per-
cipient and social Tie agencies of biotic life
are food, shelter, clothing sanitation and medi-
| cation.
ASSEMBLED LIFE.
Passing from individual to assembled life tho
speaker alluded to three methods Of association
as civil, ethical and economic. Men thus
ganized strive for each Of the concepts of
justice, especially peace, liberty. equality and
equity For peace they form associations, and
their best efforts are throughout life put forth
| to secure liberty. Absolute liberty is impossi-
BILE, even at the beginning of organization.
Peace and liberty demand equality. but it is
rather an equality Of relations for which men
most strive than an equality Of persons. There
are certain methods by which inequality IL
formed in life, such az slavery, heredity, caste,
monopolies and social classifcatiOrs supported
by public opinion. The resultant Of peace,
equality and liberty is equity, which is the re-
ward for services rendered. Man cannot sur
| vive by his own efforts alone. He Lives solely
| on the product of others, and in turn he gives
his labor to the support OF others The system
| by which men reap their individual rewards
| for these indiscriminate services to society
gives rise to equity. If due reward is not
| rendered then remedial justice steps in and nd
justs the irequality, but if actual injustice has
been wrought and q remedy is impossible, then
No man can live within himself. The arts by
which his bodily wants are supplied are not his
own invention. Even the speech by which he
communicates with the rest OF society is de-
rived by the labors of generations of other
men. All he possesses and enjoys is the result
OF other mems labors The burning question
OF the day and the age is one of equity and
gives rise to the organization of society. Every
man is endeavoring to secure a greater reward
Tor his services to society, Equity is the means
OF the promotion of life, liberty, peace and
equality.
TRUTH THE FINAL CONCEPT.
As final concept to all, without which other
elements must fail to produce justice, is truth,
which must be discerned in order that Justice
be done. The taking of the census is an effort
on the part OF government to arrive at the
truth and to know as much as possible about
the people.
The question arises whether man can with
draw from society and endeavor to live upon
bis own resources alone. Prof. Powell took
the ground that he who so endeavors becomes
an imbecile, and he stated it as broad truth
that 1t Is impossible for a man to withdraw
without committing suicide.
Justice is either abstract or concrete. The
former division is singular In itself, but the
latter includes three subdivisions: Distributive.
remedial and punitive justice, each with q
different function. Remedial justice fails when
injustice has actually been done and punitive
justice IL then necessary. Governments are
organized in order that abstract justice may be
done. The main branches OF government,
legislative executive and judicial, are organized
In order to complete the functions of govern
ment, yet there Is another form Of government
that Is necessary to render full the work Of the
administration of justice, that may be termed
operative government This takes under its
charge the management of such institutions az
the church, the schools and those eleemosynary
institutions that care for the afflicted. In the
growth of civilization the institutions for public
amusements under the care OF the state have
been gradually abandoned and that Of the
church has grown out OF the hands Of the gov
eminent 1t may be stated broadly that legis.
iative, executive and judicial branches Of gov |
eminent are tho direct and operative govern |
ment the indirect agencies of justice.
Under the latter branch is placed the control |
Of the monopolistic industries and the pressing |
question of economic science today il how far |
this control shall be exercised. The tendency
OF the people ID against the concentration OF |
power in the hands Of the few, and there are |
many systems advocated for the relief OF the |
pressure upon this principle. The most recent |
thought advanced is contained in Herbert |
Spencers work, which has presumed to con- |
centrate III single precept OF justice that the |
author holds up as the essence Of all that has |
been said or written on the subject since the |
world began. He also alleges that it is logic |
ally derived, by both deductive and inductive |
reasoning, and he advances it the solution of |
all the vexed problems Of life and society.
sPENCER's THEORY CHALLENGED.
1t has not gone without being challenged, |
however. for on the very threshold OF its intro
duction it was opposed by Lord Salisbury, |
whose principle of justice is based on the belief
that every case must be weighed upon its own |
merits and not by any arbitrary rule or equa-
ton. Spencer's theory Is formulated by means |
OF illicit substitution Of terms and justice is
defined as liberty.
This principle by which Spencer hopes to |
reorganize government and solve the problems |
of social science, is simply that every man is |
free to do that which he wills, provided that he |
does not hinder the rights Of other men. The |
true law, said Prof. Powell, should be stated |
thus: That every man is free to do that which
be wills, provided he does not interfere with |
the life, the welfare, the peace, the liberty the
equality and the equity OF others.
No general rule of justice can be formed |
without omniscience, tor the conditions Of 80
clety have become 30 extremely complex that |
no one mans state of life or civilization can be
the same as that OF his neighbor. That rule OF
Spencer's, the speaker asserted, is abortive and |
still born and panacea in its own conceit for
patent medicine for all the ills of
the body polite.
THE ABORIGINAL LAPIDARY.
Tho second paper Of the evening was by Mr..
j. d. Mcclure upon the Materials. Tools and
Processes Of the Aboriginal Lapidary." The
facts presented were the results of a series of
experiments lasting about two months, which