Of all the social virtues, justice is the one that has been most widely acclaimed. Whether the basis for this virtue is to be found in the order of nature or consists only in the formulations which have been developed in human minds is a question concerning which there has been considerable disagreement. Hume begins the discussion by calling attention to the fact that justice has always been regarded as something that is useful to human society. Whether this usefulness is the sole factor that is responsible for the origin of justice is a matter that needs to be examined. It is likewise a matter of dispute whether usefulness constitutes the sole foundation for the merit which has been accorded to it. As an empiricist, Hume believes that any satisfactory answer to these questions must be obtained from an examination of the conditions and circumstances that have preceded any formulation of the principles of justice or have caused them to be altered in any way.
The evidence which he presents seems to indicate quite clearly that usefulness to human society is the sole factor that is responsible for the origin of justice and for the high esteem with which it is universally held. He points out, for example, that in an imaginary society in which all the needs of people are supplied by a bountiful and beneficent nature, there would be no justice since the need for it would not arise. In a society of this kind, there would be no property rights, and any regulations concerning the holding or use of material goods would be superfluous.
Something like this type of situation prevails at the present time with reference to the free uses of air and water. The same thing is true in a primitive society where there is more than enough land to meet the needs of the entire population. Within certain limitations, this is also true of the water in the oceans of the world. The use of this water for transportation and other purposes is free to all so long as there is no interference with a similar usage on the part of other people.
Thus we see that justice comes into existence when the goods that are necessary for human welfare are not available in sufficient abundance so that everyone can have all that he wants. When this condition obtains, it becomes necessary to establish some principles for the proper distribution of the goods at hand. Private property then becomes an essential condition for the promotion of human welfare, and with the establishment of a system of rights and responsibilities, the principles of justice may be said to fulfill one of the major needs of human society.
