In this paper I shall explain what I take to be the nature of justice; and the method which I shall follow is that of attempting to infer the essential nature of justice from an examination of its actual practical operation. Perhaps the reader will be able to follow the drift of the argument more easily, and be more on his guard against possible misstatements of fact or erroneous inferences, if I mention at the outset the main conclusions to which (...) I hope to lead him. (shrink)

Real and Personal Rights.—In different systems of legal nomenclature the term “right” has different meanings, some writers applying it in a restricted, and others in a wider, sense. I shall use it in its wider sense as including “personal rights,” “proprietary rights,” “powers,” “liberties,” “licences,” and so on. The precise meaning of these various kinds of right need not be discussed here, because all legal rights can be broadly divided into two main classes—“personal rights” and “real rights.” As reference will (...) occasionally be made to this broad distinction, a brief explanation of its character is necessary. According to Gloag and Henderson, the difference between real rights and personal rights is correlative to the distinction between duties and obligations. Thus, if I have the full proprietary right in a certain article, including possession and use, this is called a Real Right; and I can make the demand against men in general, or “the world at large,” that my possession and use should not be interfered with. The world at large owes me the Duty of non-interference. I may, however, lend my property to someone for a stated period; and at the end of this period I have the right that he in particular should perform the specific act of returning my property to me. Here it is said that I have a Personal Right against him, and that he has an Obligation to perform this specific act. (shrink)

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

“Nation” and “nationalism” are not easily defined; mainly, perhaps, because these words, as popularly used, do not have precise meanings. A nation may mean: A people living under a common government,—as when we speak of British or French “nationals"; or A people with a common racial inheritance—the Jews; or A people, inhabiting a certain tract of the earth's surface, with generally common sentiments and habits of thinking, though possibly of mixed race, and part of a wider political society—the English, as (...) distinguished from the Scottish, or Irish, nation. (shrink)

Philosophy is very largely concerned with speculation upon problems of a highly abstract character, but some of the questions with which it deals have important practical aspects; and I think that social philosophy occupies—and rightly occupies—a dominant place in contemporary thought. If post-war policies are to render more secure the lives, the liberties and the happiness of mankind, they must be based upon sound principles; and it is with the intention of throwing certain of these principles into bold relief that (...) I have ventured to choose the realm of politics and culture as the subject of these reflections. (shrink)