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Justice

Justice is the recognition of the fact that you cannot fake the character of men as you cannot fake the character of nature, that you must judge all men as conscientiously as you judge inanimate objects, with the same respect for truth, with the same incorruptible vision, by as pure and as rational a process of identification—that every man must be judged for what he is and treated accordingly, that just as you do not pay a higher price for a rusty chunk of scrap than for a piece of shining metal, so you do not value a rotter above a hero—that your moral appraisal is the coin paying men for their virtues or vices, and this payment demands of you as scrupulous an honor as you bring to financial transactions—that to withhold your contempt from men’s vices is an act of moral counterfeiting, and to withhold your admiration from their virtues is an act of moral embezzlement—that to place any other concern higher than justice is to devaluate your moral currency and defraud the good in favor of the evil, since only the good can lose by a default of justice and only the evil can profit—and that the bottom of the pit at the end of that road, the act of moral bankruptcy, is to punish men for their virtues and reward them for their vices, that that is the collapse to full depravity, the Black Mass of the worship of death, the dedication of your consciousness to the destruction of existence.

What fact of reality gave rise to the concept “justice”? The fact that man must draw conclusions about the things, people and events around him, i.e., must judge and evaluate them. Is his judgment automatically right? No. What causes his judgment to be wrong? The lack of sufficient evidence, or his evasion of the evidence, or his inclusion of considerations other than the facts of the case. How, then, is he to arrive at the right judgment? By basing it exclusively on the factual evidence and by considering all the relevant evidence available. But isn’t this a description of “objectivity”? Yes, “objective judgment” is one of the wider categories to which the concept “justice” belongs. What distinguishes “justice” from other instances of objective judgment? When one evaluates the nature or actions of inanimate objects, the criterion of judgment is determined by the particular purpose for which one evaluates them. But how does one determine a criterion for evaluating the character and actions of men, in view of the fact that men possess the faculty of volition? What science can provide an objective criterion of evaluation in regard to volitional matters? Ethics. Now, do I need a concept to designate the act of judging a man’s character and/or actions exclusively on the basis of all the factual evidence available, and of evaluating it by means of an objective moral criterion? Yes. That concept is “justice.”

It is not justice or equal treatment that you grant to men when you abstain equally from praising men’s virtues and from condemning men’s vices. When your impartial attitude declares, in effect, that neither the good nor the evil may expect anything from you—whom do you betray and whom do you encourage?

Since men are born tabula rasa, both cognitively and morally, a rational man regards strangers as innocent until proved guilty, and grants them that initial good will in the name of their human potential. After that, he judges them according to the moral character they have actualized. If he finds them guilty of major evils, his good will is replaced by contempt and moral condemnation. (If one values human life, one cannot value its destroyers.) If he finds them to be virtuous, he grants them personal, individual value and appreciation, in proportion to their virtues.

The new “theory of justice” [of John Rawls] demands that men counteract the “injustice” of nature by instituting the most obscenely unthinkable injustice among men: deprive “those favored by nature” (i.e., the talented, the intelligent, the creative) of the right to the rewards they produce (i.e., the right to life)—and grant to the incompetent, the stupid, the slothful a right to the effortless enjoyment of the rewards they could not produce, could not imagine, and would not know what to do with.

Copyright © 1986 by Harry Binswanger. Introduction copyright © 1986 by Leonard Peikoff. All rights reserved. For information address New American Library.

Acknowledgments

Excerpts from The Ominous Parallels, by Leonard Peikoff. Copyright © 1982 by Leonard Peikoff. Reprinted with permission of Stein and Day Publishers. Excerpts from The Romantic Manifesto, by Ayn Rand. Copyright © 1971, by The Objectivist. Reprinted with permission of Harper & Row, Publishers, Inc. Excerpts from Atlas Shrugged, copyright © 1957 by Ayn Rand, The Fountainhead, copyright © 1943 by Ayn Rand, and For the New Intellectual, copyright © 1961 by Ayn Rand. Reprinted by permission of the Estate of Ayn Rand. Excerpts from Philosophy: Who Needs It, by Ayn Rand. Copyright © 1982 by Leonard Peikoff, Executor, Estate of Ayn Rand. Reprinted by permission of the Estate of Ayn Rand. Excerpts from “The Philosophy of Objectivism” lecture series. Copyright © 1976 by Leonard Peikoff. Reprinted by permission. Excerpts from Alvin Toffler’s interview with Ayn Rand, which first appeared in Playboy magazine. Copyright © 1964. Reprinted by permission of Alvin Toffler. All rights reserved including the right of reproduction in whole or in part in any form. Used by arrangement with Plume, a member of Penguin Group (USA), Inc.