Note 8 — Chapter IX · (continued 3)

Distributive justice would oppose this rigorous equality of the state of nature, even were it practicable in civil society; as all the members of the State owe it their services in proportion to their talents and abilities, they ought, on their side, to be distinguished and favoured in proportion to the services they have actually rendered. It is in this sense we must understand that passage of Isocrates, in which he extols the primitive Athenians, for having determined which of the two kinds of equality was the most useful, viz. that which consists in dividing the same advantages indiscriminately among all the citizens, or that which consists in distributing them to each according to his deserts. These able politicians, adds the orator, banishing that unjust inequality which makes no distinction between good and bad men, adhered inviolably to that which rewards and punishes every man according to his deserts.

But in the first place, there never existed a society, however corrupt some may have become, where no difference was made between the good and the bad; and with regard to morality, where no measures can be prescribed by law exact enough to serve as a practical rule for a magistrate, it is with great prudence that, in order not to leave the fortune or quality of the citizens to his discretion, it prohibits him from passing judgment on persons and confines his judgment to actions. Only morals such as those of the ancient Romans can bear censors, and such a tribunal among us would throw everything into confusion. The difference between good and bad men is determined by public esteem; the magistrate being strictly a judge of right alone; whereas the public is the truest judge of morals, and is of such integrity and penetration on this head, that although it may be sometimes deceived, it can never be corrupted. The rank of citizens ought, therefore, to be regulated, not according to their personal merit—for this would put it in the power of the magistrate to apply the law almost arbitrarily—but according to the actual services done to the State, which are capable of being more exactly estimated.