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                          CONCERNING JUSTICE

                                  BY
                          LUCILIUS A. EMERY


                   NEW HAVEN: YALE UNIVERSITY PRESS
                      LONDON: HUMPHREY MILFORD
                       OXFORD UNIVERSITY PRESS
                              MDCCCCXIV




                           COPYRIGHT, 1914
                       BY YALE UNIVERSITY PRESS

               First printed August, 1914, 1000 copies




                            TO MY CHILDREN

                          HENRY CROSBY EMERY
                      ANNE CROSBY EMERY ALLINSON




        THE ADDRESSES CONTAINED IN THIS BOOK WERE DELIVERED IN
        THE WILLIAM L. STORRS LECTURE SERIES, 1914, BEFORE THE
        LAW SCHOOL OF YALE UNIVERSITY, NEW HAVEN, CONNECTICUT.




                               CONTENTS


  CHAPTER                                                       PAGE
     I. THE PROBLEM STATED. THEORIES AS TO THE SOURCE OF
        JUSTICE. DEFINITIONS OF JUSTICE                            3

    II. THE PROBLEM OF RIGHTS. DIFFERENT THEORIES AS TO THE
        SOURCE OF RIGHTS                                          31

   III. THE PROBLEM OF RIGHTS CONTINUED. THE NEED OF LIBERTY
        OF ACTION FOR THE INDIVIDUAL                              43

    IV. JUSTICE THE EQUILIBRIUM BETWEEN THE FREEDOM OF THE
        INDIVIDUAL AND THE SAFETY OF SOCIETY                      56

     V. JUSTICE CAN BE SECURED ONLY THROUGH GOVERNMENTAL
        ACTION. THE BEST FORM OF GOVERNMENT                       77

    VI. THE NECESSITY OF CONSTITUTIONAL LIMITATIONS UPON THE
        POWERS OF THE GOVERNMENT. BILLS OF RIGHTS                 95

   VII. THE INTERPRETATION AND ENFORCEMENT OF CONSTITUTIONAL
        LIMITATIONS NECESSARILY A FUNCTION