The suffragist who employs the term “Woman’s Rights” does not employ the word rights in either of these senses. Her case is analogous to that of a man who should in a republic argue about the divine right of kings; or that of the Liberal who should argue that it was his right to live permanently under a Liberal government; or of any member of a minority who should, with a view of getting what he wants, argue that he was contending only for his rights.
The woman suffragist is merely bluffing. Her formula “Woman’s Rights” means simply “Woman’s Claims.”
For the moment—for we shall presently be coming back to the question of the enforcement of rights—our task is to examine the arguments which the suffragist brings forward in support of her claims.
First and chief among these is the argument that the Principle of Justice prescribes that women should be enfranchised.
When we inquire what the suffragist understands under the Principle of Justice, one receives by way of answer only the petitio principii [question begging] that Justice is a moral principle which includes woman suffrage among its implications.
In reality it is only very few who clearly apprehend the nature of Justice. For under this appellation two quite different principles are confounded.
The primary and correct signification of the term Justice will perhaps be best arrived at by pursuing the following train of considerations:—
When man, long impatient at arbitrary and quite incalculable autocratic judgments, proceeded to build up a legal system to take the place of these, he built it upon the following series of axioms:—(a) All actions of which the courts are to take cognisance shall be classified. (b) The legal consequences of each class of action shall be definitely fixed. (c) The courts shall adjudicate only on questions of fact, and on the issue as to how the particular deed which is the cause of action should be classified. And (d) such decisions shall carry with them in an automatic manner the appointed legal consequences.
For example, if a man be arraigned for the appropriation of another man’s goods, it is an axiom that the court (when once the questions of fact have been disposed of) shall adjudicate only on the issue as to whether the particular appropriation of goods in dispute comes under the denomination of larceny, burglary, or other co-ordinate category; and that upon this the sentence shall go forth: directing that the legal consequences which are appointed to that particular class of action be enforced.
This is the system every one can see administered in every court of justice.
There is, however, over and above what has just been set out another essential element in Justice. It is an element which readily escapes the eye.
I have in view the fact that the classifications which are adopted and embodied in the law must not be arbitrary classifications. They must all be conformable to the principle of utility, and be directed to the advantage of society.