Hume's Classical Theory of Justice

32. HUME'S CLASSICAL THEORY OF JUSTICE1 Let me begin by formulating a broad distinction between two sorts of theories of justice. I shall stipulate that a modern theory of justice is one which treats justice as a moral quality, in fact as one moral quality among a multitude of moral virtues, and which accordingly takes the obligation tö' be just as pre-eminently a moral obligation. On this approach the philosophical appreciation of justice requires that we interpret it in terms of a moral theory, and correspondingly any viable moral theory is expected to afford a framework within which the virtue of justice is to be understood. The important philosophical question to be asked about justice concerns the moral obligation to abide by the conventions and rules of justice. By a classical theory of justice I mean one which treats this quality not as one moral virtue among many others but as fundamental to morality itself. Here justice would have to be explained before one could develop a satisfactory account of morality. Questions about the moral obligation of justice are on this approach not as important philosophically as questions about the basis of justice itself. The modern and the classical theories are distinguished by the relationship each posits between justice and morality. In the modern approach, the account one offers of morality conditions the account one can offer of justice, while in the classical theory the account one offers of justice conditions the account one can offer of morality. As exemplifying a classical theory of justice one might cite Plato's Republic or, closer to the present topic, Hobbes' De Homi ne. While there seems to be no definitive interpretation of Hobbes ' overall moral and political theories , in this work he maintains that the development of a settled morality is subsequent to the establishment of civil society and therein, of course, also of the order of justice. The following passage from the De Homine shows how the order 33. of civil justice plays a foundational role relative to the moral order. Eut whatsoever is the object of any man's appetite or desire, that is it which he for his part calleth good: and the object of his hate and aversion, evil; and of his contempt, vile and inconsiderable. For these words of good, evil, and contemptible , are ever used with relation to the person that useth them: there being nothing simply and absolutely so; nor any common rule of good and evil, to be taken from the nature of the objects themselves; but from the person of the man, where there is no commonwealth; or, in a commonwealth, from the person that representeth it; or from an arbitrator or judge, whom men disagreeing shall by consent set up, and make his sentence the rule thereof. 2 Attributing to Hobbes the view that the account one gives of justice and the civil order conditions and serves as a necessary presupposition to the account one can give of a settled morality permits us to count Hobbes among those thinkers who have offered a classical theory of justice. Because Hume seems in so many ways to deserve the appellation of thoroughly modern philosopher, it is not surprising that he is naturally construed as sharing in the modern conception of justice. I want to argue that this way of interpreting Hume is mistaken and that he is in fact a classical theorist of justice. I shall contend, furthermore , that getting clear about the kind of theory of justice Hume offers allows us to resolve a problem in his moral theory—specifically a problem relating to the correction of the moral judgment. In view of these aims, the paper has three parts: (1) investigation as to what kind of theory of justice Hume offers; (2) exploration of a quandary inherent in the modernist interpretation which serves as an objection to the thesis of this paper; and (3) resolution of this objection and conclusion as to the character of Hume's theory of morality. At the end I shall explore a few corollaries 34. of the thesis that Hume is a classical theorist of justice. 1. Hume: A Classical Theorist of Justice There are...