We tend to think of “Justice” almost exclusively in terms of the proper punishment of bad behavior. If someone robs a bank, we say that justice is done if he is caught and sent to prison. If someone is wrongfully accused, we declare that justice is done when the judge dismisses the case.

The ancient world, however, had a broader conception of the word “justice,” using it to describe all things being rightly ordered in one’s life and in the life of the body politic. A rightly ordered world might involve things that are directly moral, or sinful. So, for example, having one’s bed could be a portion of having a “just” house, but not making the bed would not necessarily be a sin. It would however, be a defect.

We see this use of justice in Old Testament frequently, such as in Psalm 54, which reads, “O God save me in thy name, and judge me in thy strength.” Here the psalmist is not asking God to punish him for his sins–far from it. Rather, God’s judgment and His salvation are one in the same. The psalmist is asking God to rightly order his being, to put him back together again appropriately, which would involve much more than overt sin.

Aristotle noted long ago that different forms of government have different forms of justice which both make sense and are incomplete all at once. He writes,

What are the oligarchic and democratic ideas of justice? Both sides have part of justice on their side, and both sides fail to express justice in its fullness. 

In democracies justice means equality, especially in the distribution of political power. That is, political power should be put in the hands of as wide a range of people as possible. A poor man, for example, holding power with no experience or education, is considered a triumph. This creates, in their view, a stable state where everyone feels included, and this is “justice.”

In oligarchies, inequality in the distribution of power is considered just. If people are not equal in wisdom, education, wealth, and the like, they should not have an equal share of political power. This helps the state have rulers that are best able to govern. In turn, a well governed, stable state will be “just.” 

The advocates of democracy and oligarchy both make erroneous judgments. Democrats hold that if men are equal in basic humanity, they should be equal in the distribution of power and property. Oligarchs hold that if men are not equal in talent, wisdom, and skill they should not be equal in most anything else.

True justice means that those who have contributed to the proper end [it’s reason for being] of the state, should have rights, property, and power in proportion to that contribution. For that reason, all must pay attention to the “goal” of the state in which one lives.

Aristotl’e ideas might seem confusing, but if we break the concepts down into something smaller and more in line with our experience, it might make more sense.

Imagine a family has three sons, Bob (18), Joe (12), and Sam (6). One evening the mom discovers that the she has three Oreo cookies left in the pantry. What would be just, and most likely to lead to a harmonious order within the family. Most would probably suggest that here the focus should be on pure equality, i.e., each son gets one cookie each.

But imagine now that the mom has three different sized pieces of steak, small, medium, and large. Most would likely not argue that justice requires them to cut up all the steaks and give each the same amount. Here most would lean towards something along the lines of the oldest getting the biggest steak, the youngest the smallest, and so on. To be sure, this is still “equality,” but it manifests itself differently here. If the family also had a 6 month old son, no one would suggest that justice demands he should get steak, as his stomach could not even digest it properly.

Parents usually treat their children differently when it comes to bedtimes, to the great annoyance of the younger siblings. Most, however, intuit that it would not be just to have all three go to bed at the same time. Here the context differs, and the meaning of justice would differ as well.

Ideally a state will have a degree of flexibility around their concept of justice, allowing for context to have its say. But as Aristotle suggests, what direction a society leans toward will depend on what that society values as its purpose or goal. For example, if you live in a society that believes that age should be respected above all else, you would defer decisions to the elderly, and you would give them the best seat at the table, and so forth. This is not equality, but it is justice according to one’s guiding principles.

An example more close to home comes from Elaine Calabro’s article in The Atlantic about Canada’s practice of MAiD, or “Medical Assistance in Dying.” The practice has grown from allowing euthanasia only in cases of advanced terminal illness, to those who simply want to avoid suffering. Calabro writes, “At the center of the world’s fastest growing euthanasia regime is the concept of patient autonomy. Honoring a patient’s wishes is of course a core value in medicine. But here it has become paramount.” Some physicians express moral or practical objections, but most who work in the industry find their work meaningful. As one physician noted regarding his work in assisted suicides, “We’re so happy [the patient] got what they wanted.” Given the basic values that created the practice, its expansion was “inevitable” according to the author.

Here we can note that a core value, i.e, people fulfill their purpose by achieving their desires, which drives much of economy, politics, etc. has simply morphed into the medical and ethical field. Hence, “Justice” in this case means giving people their autonomy, their say, in the most important life decisions. One can easily see how various other democratic practices and ideals come from this same source. This shows how one particular view of justice works in some areas (we should pick our political leaders, and pick what we want for desert)* might not work in other areas of life. We have already seen how parents use different views of justice depending on context in family life, and this is a good argument for its application to political life.

But which form of justice should be used when, and why? This is at the core of many of our current political disagreements. Aristotle also hints at the fact that these “justices” must somehow be connected to Justice in some final sense. Without agreement on Justice, we will struggles with our mini justices.

Dave

*I have a variety of friends who have traveled in Europe, and especially as one moves south and east (Italy, Greece, etc.) they notice that when going to a restaurant, often the proprietor will size you up and tell you what you will have. If you object and point to the menu, saying, “I was hoping for some lamb instead of the pork,” you will simply be told that “There is no lamb, only pork.” Eventually you agree to “submit” or leave the restaurant.This shows a different culture around food, but also a different culture around authority, tradition, the individual, and so on.