Alan Ryan Quotes

Justice is closely connected to respect for rights. Modern writers discuss both subjects together with no suggestion that one might discuss one with the other. It was not always so. Greek political theory and Roman Law had sophisticated ideas about justice in its various aspects, but did not embrace our conception of individual rights. This may seem counter-intuitive. How could a society recognize someone as the owner of a piece of property without acknowledging an individual right? How does legitimate one-man­ rule, monarchy, differ from its illegitimate parody, tyranny, unless the lawful king has a right to the authority he exercises that the tyrant does not?
The answer is that property and authority were defined by law rather than our notion of individual rights. To own property was to be the person to whom the law accorded the privileges and immunities that locally defined ownership. To be a legitimate ruler was to be the person the law designated to rule. It is a commonplace that ancient notions of law accorded far more power over property to the family and other groups than modern notions of private property do. Even under the Roman Law, where ownership had an 'absolute' and sovereign character, property was not understood in the modern way; when the law told the judge to give a man his ius, this primarily meant that he should be treated as the law required. The 'subjective' understanding of rights, whereby the right-holder may stand on his rights or not as he chooses, was not a Roman notion.

Justice is peculiarly stringent. Its demands may not be modified. Judges and rulers must 'do justice though the heavens fall', not allow family connections, friendship, or even personal worth to turn them aside.

This is appropriate. Justice is the most 'political' or institutional of the virtues. The legitimacy of a state rests upon its claim to do justice. … Doing justice is not the primary purpose of the family, the classroom, the small business, even though a father, teacher, or employer ought to behave justly towards children, pupils, or employees when rearing them, teaching them, . and employing them.

Mankind has always argued about justice and injustice, while social scientists and politicians have endlessly discussed the conditions which make justice more or less attainable. These essays discuss a more philosophical issue-what justice is and why it matters. Although their authors were philosophers, few of them were 'professional ' philosophers...

I say cowardice, because the stan­dards which is Isaiah Berlin himself has set for anyone who undertakes such an enterprise are dauntingly high. His ability to catch the allegiances and the emotional tone of the authors he has written about, as well as his ability to meet the commentator's first duty to the subtleties of their thought, has always meant that their per­ sonalities and ideas alike have remained in tact and alive.