for instance； an edition of Goethe and a bottle of champagne；
that in every penal code two things which appear to be still more
heterogeneous； a fine of so and so much money and a day's
imprisonment are in a fixed ratio according to a conventional
standard。 Everywhere in the questions of prices and of law the
traditional and conventional judgment； that this is to be called
equal and not that； is fundamental。 Only should we have to begin
every moment to form our judgments anew would this objection be
reasonable。 As things are； the fact remains that the average
earnings of the employer； compared to the wages of the laborer；
can be raised or lowered by a change in demand and supply within
such an economic organization as exists to…day； that
independently thereof； in consequence of traditional standards on
the one hand and of the modern sentiments and ideals on the
other； this change； as soon as it has reached a certain extent；
will appear just or unjust。
And whenever these and similar questions are discussed； when
opinions differ about them； the controversy is not； as a rule；
between those who wish to apply the categories of justice to
these phenomena； and those who deny their applicability； but the
struggle is between older and traditional standards of judgment
and new ones； the ideals of the eighteenth century with those of
the nineteenth； the struggle is between a cruder conception of
right and a more refined one； between ideals whose realization is
to…day impossible and those that are attainable through the
customs and the law of our age； finally ideal conceptions of
justice which have already been co…ordinated with other not less
justified ideals are arrayed against those which have chosen
principles of justice exclusively for their battle…cry。
And just because this struggle never ceases there is； as we
have seen above； no simple； universally intelligible； familiar
and applicable formula of justice。 The conceptions in question
may all be reduced to this fundamental idea： everyone according
to his merit； 〃suum cuique〃； but the possible application of this
rule is always different according to the possibility of
innumerable conceptions of value； estimations； groupings and
classifications。 The abstract pretension； for example； that in
labor or even in handiwork rests the unique standard of justice
is in equal right with the other pretense that talent； virtue or
even the human face must be taken into account。 In certain
spheres and in respect to certain aims only will one formula or
the other gradually prove its justification and thus gain
recognition。
But what is it that gives the final decision in this contest
of opinions？ Is it logical reasoning？ Apparently not； or at least
not primarily。 Much as in the struggle for public and social
institutions； all kinds of logical reasons for the justice of a
cause are appealed to； they seldom convince and always seem more
or less flat。 At least they do not convince the opponent；
although they are capable of inciting their followers to
enthusiastic and desperate struggles。 And this is natural。 They
are not logical decisions。 Whether they be traditional standards
of valuation； whose immemorial age or even divine origin
impresses our spirits or newer conceptions； which by the power of
passion inflame the disciples of a school； a party； the members
of a class or a people； the final decision rests with the heart；
with the innermost centre of human soul and mind。
This explains the vast possibility of error； of delusion； of
vehement passions。 Ideals of justice may appear in the most
distorted forms； in its name the most insane as well as the
highest and holiest things are demanded。 Long struggles are often
necessary to purify concepts of their errors and to develop the
ideal in its purity。 But at the same time the inward connection
between the conceptions of the 〃just〃 and the depth of human
emotions explains the magic power of their effect。 That which
moves the inmost heart dominates the wills； the egoism； inspires
deeds of valor； carries away the individual and millions to deeds
and sacrifices。 Hence the mystery that a political platform； an
economic contrivance； only influences where it seems an outcome
of justice。 Hence the involuntary tendency to appeal to justice
in every discussion。 Hence also the fact that the same theory
which proposes a demand of justice as its consequence often is
made by individuals； but repudiated by public opinion； and then
suddenly with irresistible elementary force it takes hold of the
masses； leads them on new paths； radically influences legislation
and puts a changed stamp on whole epochs。
III
Let us return from discussing the psychological aspect of the
question； to the main substance of our discourse； which we have
hitherto only grazed； or touched upon by way of illustrations。 We
have now to inquire whether the distribution of income and wealth
is felt to be just or unjust at all and under what circumstances
and conditions。
If we confine ourselves to the strictly philosophical
reflections of ancient and modern times； there scarcely seems to
be any controversy about the question。 From Aristotle's doctrine
of justice in distribution to the philosophers of to…day； there
is controversy over the practical effect of the judgments in
question； but hardly over the judgments themselves。 Among more
recent thinkers only to mention a few Herbart conceives the
penal system and the economic conditions of a nation as a united
whole； what elsewhere is called justice he denominates as equity。
On equity his so…called system of wages； which comprises the
economic conditions and the penal law of a nation； is built up；
the judgment requires recompense for benefits and retribution for
misdeeds。 The conceptions of the wage system must； according to
Hartenstein； be applied equally to benefits and misdeeds。 〃The
general idea must be maintained； that the social institutions and
actions should be capable and fitted to requite equally merit and
offence。〃 And Trendelenburg； in a similar fashion； affirms that
the moral estimation of political and economic affairs is； at
bottom； derived from the same standpoint。 〃Indeed；〃 he says； 〃in
the structure of the State the constant proportion between duties
and rights is the fundamental idea of justice； and the same
proportion between labor and earnings should be aimed at in
private intercourse； but the market price makes the exponent so
variable； that it causes a constant inequality。〃 The execution
thus seems dim to him； but it appears to him the ideal condition；
that labor and earnings should accord； as duty does with right。
There is no doubt that this conception is confronted by
another which results from the investigation of details； which is
not the outgrowth of popular instincts and sentiment； and is even
often involuntarily denied by its very representatives； but
through the authority of certain doctrines has become
nevertheless of great importance for practical life。 I mean the
conception which sees in the difference between rich and poor
only an occurrence of nature。 In the investigation of the
immediate causes of the distribution of wealth； this conception
is not able to discover the remoter causes。 It sees only demand
and supply； proportions； natural phenomena； climatic influences；
the accidents of life and death； all these are unquestionably
mechanical causes which influence this or that distribution of
incomes。 The earnings of the individual； it is said； are
determined by the 〃strength and the luck of the individual。〃
Free intercourse appears as the analogy of the Darwinian struggle
for existence。 Might makes right； purposes and moral judgments
are not here in consideration； or only to a limited extent。 So
far as mankind demands a just distribution of incomes； their
ideas ate in the main foolish； justice may at the most be
demanded of the State when it intervenes directly； opposed as it
is to free intercourse and the legitimate influence of fortune；
this striving is wrong。 〃Shall we；〃 we hear from this quartet；
〃censure our God； that He so frequently interferes unjustly？
Shall we prescribe to Him where His lightnings shall strike and
where He shall permit the bullets to hit？ Shall we quarrel with
nature because she grants the delicious fruits of the south and
an olympic existence to one race； while she banishes another to
the reeking hovels of the arctic？〃
We will not dismiss this conception of things by the
accusation of materialism； for； though materialistic； it
nevertheless has the merit of being realistic and of having
further detailed investigation in certain directions。 But
whatever its merits in this direction； our question is not really
touched at all by these arguments。 The individual scholar who； in
his researches； considers only forces； proportions； demand and
supply； and endeavors to grasp them； may ignore the question
whether the result be just； but the popular mind will always
repeat the question as long as it sees before it human actions。
But only to this extent and always to this extent； and
furthermore the uncertain