The same conclusion relative to the nature of justice follows from an examination of particular laws which are designed to regulate both the holding and the use of property. The right of an individual to own property and to do with it whatever he pleases is considered to be just but only so long as this policy is in harmony with the best interests of society as a whole. When, as a result of this policy, the distribution of wealth enables some people to live in idleness and luxury while others must suffer from privation and a denial of opportunities to enjoy the good things of life, the situation is changed and the principles of justice that were formerly recognized can be followed no longer.
It was for the purpose of correcting a situation of this kind that the so-called Levellers advocated an equal distribution of wealth to all the members of society. This was done in the name of justice and for the purpose of serving in a more satisfactory manner the interests of all the people. This system was obviously an impracticable one, as we are informed not only by historians but even by ordinary common sense. This ideal of perfect equality in spite of the noble purpose which inspired it turned out to be extremely pernicious to human society. Men are not equal in their abilities to perform the various tasks which are necessary in any well-ordered society. Neither do they possess the same degree of industry or care concerning the quality of work which they perform. To treat them all alike without regard to their abilities or their habits of industry will tend to discourage thrift and initiative on the part of the more capable members of society and encourage laziness and lack of responsibility on the part of others.
Because a perfect equality of possessions does not serve the best interests of society, the principles of justice must be reformulated in a way that will avoid these unfortunate consequences. Concerning the laws that are designed to regulate the holding of property, Hume tells us that "we must be acquainted with the nature and situation of man, must reject appearances which may be false though specious; and must search for those rules which are, on the whole, useful and beneficial."
There are instances in which the interests of society appear to be served by regulations which apply to a single person rather than to people in general. For example, it has been maintained that the first possession of a piece of property entitles one to ownership of that property. Under certain conditions, the enforcement of this rule does not work a hardship on any of the members of the community. However, when these conditions have changed, it is considered just and proper to violate any or all of the regulations concerning private property, provided that the welfare of society can be secured in no other way.
A person's property is anything which it is lawful for him and for him alone to use. The rule by which this lawfulness is determined is that the welfare and happiness of society take precedence over everything else. Without this consideration, most, if not all, of the laws pertaining to justice and the holding of property would be meaningless or else grounded on some vague superstition of the people. "The necessity of justice to the support of society is the sole foundation of that virtue; and since no moral excellence is more highly esteemed, we may conclude that this circumstance of usefulness has, in general, the strongest energy and most entire command over our sentiments."
