A question of justice: what is climate justice? Part 1
What is justice?
The Central Criminal Court of England and Wales, more commonly known as
the Old Bailey, is surmounted by a statute of Lady Justice. In one hand she holds a sword, and in the other, a set of scales. The scales remind us that justice requires the evidence of the case to be weighed and only if the evidence of guilt is more than the opposing evidence, is the accused found guilty. The sword symbolises the implementation of the judgement made – ie what punishment or reparations are due. Many images of Lady Justice also show her wearing a blindfold as a reminder that justice if to be given impartially, ie favouring no one person more than another.
But how do you know when an offence has been committed, something that requires the salve of justice? Most/all? countries have laws: laws that lay down what is right or wrong, what is acceptable or unacceptable. Typically such laws will embrace not killing or injuring people, not stealing from others nor damaging what belongs to someone else.
Laws exist to both prevent certain actions and to prompt certain actions: driving at excess speeds and buying car insurance. Laws exist to protect rights and to impose obligations: House owners have the right to forbid someone to enter their property but if they do invite someone in, they have a responsibility to ensure their safety. Laws exist to protect those who would otherwise have no rights: refugees have a right to safety, wives have the right to be protected against abusive husbands (and vice versa). Laws exist not just to protect the rights of humans: animals, plants, buildings can all be given legal protection.
Justice is the process by which laws are enforced. Justice judges whether or not, on the balance of evidence whether a law has been broken and whether or not the accused is guilty of that offence. Justice serves to maintain harmony in a nation by ensuring that the law of the land is followed. But what if those laws have been chosen by a minority and applied to a majority who do not favour them? Will sticking to such laws create a contented society? Will they work to achieve the good of all society? What if those laws are out of date and support a social order that no longer exists. What if these laws support an economic system that is no longer viable? Good laws are as important as justice. Good laws tell us what is right.
The Greek word for justice, ‘dikaiosyni’, also has the meaning of equity and righteousness. Hebrew has two words that can be translated as justice, ‘mispah’ and ‘tzedaqah’. Mispah has more the meaning of executing justice or giving judgement, whilst tzedaqah has the meaning of righteousness and fairness. In a similar way in English justice can also have the meaning of fairness.
In the Old Testament justice and righteousness are frequently paired together as if you can’t have one without the other.:-
But let justice roll down like waters, and righteousness like an ever-flowing stream. (Amos 5:24)
Righteousness and justice are the foundation of your throne; steadfast love and faithfulness go before you. (Ps 89:14)
The days are surely coming, says the Lord, when I will raise up for David a righteous Branch, and he shall reign as king and deal wisely, and shall execute justice and righteousness in the land. (Jer 23:5).
I think that righteousness means God’s laws, God’s standards. Not just – or not even always – the laws laid down in the Old Testament, for they were laws given at a certain time and to a certain group of people – but something far greater than that. God’s laws are holistic, an everlasting set of principles that are shaped by God’s love and rightness. They can be summarised, as Jesus did, as loving God and loving one’s neighbour – including all that is commensurate with love, and that takes a life time to discern!
Here I would like to backtrack to the idea that justice might have the meaning of fairness. Lady Justice wears a blindfold to ensure fair and impartial justice. With her blindfold on, her judgement is not influenced by the character or background of one on trial. Whether the accused is rich or poor, popular or despised, low class or high class, the judgement made, the justice received will be the same. But is impartiality the same as fairness? No, which is why when it comes to sentencing, the character and circumstances of the accused are taken into account. It is why fines may be proportionate to the accused’s income. This partiality is applied when sentencing not during the trial when the evidence is weighed in the scales. Justice can thus remain impartial – and I would like to suggest – sometimes unfair.
If a person is so deficient in funds that they cannot buy food but instead steal, justice will find them guilty of theft. But if one were concerned with fairness, one might want to weigh in and ask why the person is so deficient of funds that they cannot afford to eat? And to ask in all fairness, how it is that society allows someone to go hungry when edible food is daily thrown away as waste?
God’s righteousness would suggest something very different. God’s righteousness would expect us to ensure that everyone has the means of earning or deserving sufficient funds, and would expect that come what may, all would be fed.
Thus says the Lord: Maintain justice, and do what is right, for soon my salvation will come, and my righteousness will be revealed. (Isaiah 56:1) The word given as justice is mispah, and the words given as right and righteousness are tzedaqah.
What then is justice from a theological or God-viewpoint? If secular justice is represented by Lady Justice and her weighing scales, then the biblical image of justice is, I think, the plumb line. A simple tool comprising a string and a weight which when suspended vertically uses gravity to show whether or not the things being judged – usually a wall – is true and upright and not in danger of collapsing. Amos sees this image as God shows him the short comings, the wrong doings of the nation of Israel.
Here justice is not just a case of weighing up the evidence to see if the accused is guilty, but of measuring the quality of the accused’s behaviour. Has their behaviour been upright, morally correct, righteous even? Have they followed the precepts and the tenor of God’s will? Justice only has value if it is linked to a divine standard – an uprightness – of behaviour. Justice is doing what is right in accordance with God’s righteousness.
“I will make justice the measuring line and righteousness the plumb line” (Isaiah 28:17).
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