Christian Principles of Justice (From Bringing Forth Justice, Bishop Daniel Pilarczyk) Justice, First definition: “The strong and firm will to give each what is his or her due”. It is concerned with rights, duties, receiving, giving, owing, claims, obligations, balance, fairness, etc. From the RC perspective, Justice is not primarily a “human convention that is agreed upon”. Rather, it is something that is a “natural consequence of what God has created us to be”. There can be more than one kind of justice, depending on where one starts, or what basic principles one starts with. Systems can be built to reflect and enact the basic principles. It is even possible for different people to accept the same basic principles but interpret them in different ways and so build different actual systems or structures. However, there are limitations and/or possibilities based upon what one believes the basic principles to be. “Principles” form a “foundation for justice”, but they are, after all, “principles”. How the general principles are put into practice or applied is a different issue. Justice is not only laws, rules, or customs. Such things are secondary. What is primary is “acting in accord with the way things were made to be”. There is an entire theology or philosophy that underlies one’s system of justice depending on what one takes to be the real, or the order of nature, or human nature. Given all that, Pilarczyk details 5 Principles of Justice from the Christian perspective. By rights, they all fit together and are of a piece, such that undermining or enhancing one tends to undermine or enhance the others. On the other hand, the order of the principles is important in this case, at least so far as the first principle is concerned. It comes first and the others follow from it. 1. First Principle: God’s Creation (and what follows from that). Christian Justice begins with a belief that “Creation is God’s doing (not our own), and this creation is good”. Creation is made for God’s purposes. Humans are tenants; God the landlord. Creation belongs to God. We are part of creation, and it is there for our use, but not for our abuse. Yet, creation is for humans to enjoy – in accord with God’s love for us and for creation. Therefore, we have a responsibility to creation. We hold the world “in trust”. We are “stewards”. There is the question in this about Private Property. Can there be such a thing? The answer is ‘Yes’. Private ownership is both necessary and good, and something that leads to good. The world where no once could say this is my house, car, jacket, or business would not be a just world. It would be chaos. However, there are proper limits to private ownership: where it violates the rights and flourishing of others who also, by the grace of God, are entitled to their share of the good things of creation. --------------------------------------1. What is the general difference between a Principle of Justice, and how justice is put into actual practice? ______________________________________________________________________ ______________________________________________________________________________ 1 2. If creation is God’s, and if it is good, that belief could be used to justify being environmentally responsible in that we should be stewards of creation and not abusers of it. But it should also have an ‘everyday’ application. Say how being a good steward would apply to your own self, other people you meet, and the small part of the created universe that is Villanova University: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________ ------------------------------------------ 2. Second Principle: Human Dignity and Rights that follow from that This is a specification of the 1st principle. Since we are created in God’s image and likeness, the human being has an inherent worth or value. That worth/value is given from God. It is attached to the person (like a fingernail is attached to a finger). Dignity and worth are “part of the package” for the human being. As such, this basic dignity and the rights that flow from it can neither be conferred by others, nor taken away by others. In an even deeper sense, one could not even give away one’s own dignity and worth if one tried to. It is a thing put their by God. This worth/dignity does not depend on achievement. This is not to say that there is not a kind of value placed on achievement, etc. – but not this basic and primary kind. Another way to say this is that human beings are “ends in themselves”, and never “means to ends”. No human being is expendable, or can be thrown away. Dignity, then, calls for respect: for others, and also for ourselves. Justice, therefore, means that “respect and reverence is due every human being”. When justice is systematized in a legal code for example, its most basic purpose should be to “protect and foster human dignity”. That does not mean that is its only purpose. It means it is the most basic one. The sorts of things that we owe ourselves and others are things like: personal inviolability (of body, mind, emotions…), the right to life, privacy, self-respect, a good name, housing, medical care, education, etc. This is not to deny that there would be real argument, discussion, nuance, and so on to the limits of each, or the meaning of each of those in the concrete actual world. It means that certain general basic rights should apply. It is probably worthwhile repeating at this point that undermining the basic principles (especially these first two) tends to undermine the “rights” that flow from it. If the person really does not have an inherent dignity, given by God as an aspect of their creation, then the natural rights attached to the person will diminish. ---------------------------1. What is the difference between having a right given to you by God, and one given to you by some other person or group? ______________________________________________________ ______________________________________________________________________________ 2 2. Pick three of the rights above and say what a violation of them would be (example, a violation of the right to a good name would be gossip intended to harm): ___________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ------------------------------------ 3. Human Responsibility (that goes with rights, above) With rights, come responsibilities. Not taking responsibilities into account tends to undermine the rights that responsibilities are attached to. Rights and responsibilities are two sides of the same coin. If they don’t go together, the result will be injustice for the individual or the group. Ordinary human beings are “agents of God in bringing forth justice”. That is, we are acting/doing beings. We have responsibilities attached to us, and it is in the first case an expression of our dignity that we do. A responsibility may be a burden, but that is not the first thing that it is. It is first a thing of worth and value. The person who has a responsibility has it because they are a worthy being – and all persons are worthy beings. They should do something because they are the kind of being who has the worth to do it. The human person is the created being worthy of doing good things. Take parenting. The one who has the responsibility for it has it exactly because they are the good and worthy being who had the child. There are different responsibilities depending on whether we are considering Democratic Society, Family, Church, Friends, or temporary associations like School or Work. A first approach to any of those areas is to say we are responsible for exhibiting a “basic human neighborliness”. There is an important sub-principle – the Principle of Subsidiarity - worth mentioning here, although it really applies in many other areas than responsibility. Subsidiarity is the idea that Justice is “best looked after at the most immediate level”. In its short form it means that Justice begins at home. This really should be taken strictly, and almost literally, in the first sense. One’s first home is really one’s own self. Therefore, justice begins in self-respect, in claiming one’s God-given rights and dignity. It begins in fulfilling one’s basic responsibilities as well. The best justice is usually the one taken care of by one’s own self, and the others one knows, is closest to, or working with. That small community varies throughout the day, let alone throughout life – but there is one person common to whatever it is: one’s own self. From “home” the idea is that justice extends outward, from nearest to most remote (from family, to town, state, region, country, world, etc.). This is the normal manner. It does not mean that there is not always a relation of some sort even to the remote, or that in some cases a central power might not have to intervene on the local level. The principle stands as a warning, however, to both ends of that spectrum. If the individual or small group is unjust “at home”, and is always working for justice on the remoter, global level, something may be out of balance. On the other side is the management style that is too top-down, or heavy-handed, or interfering. Sometimes, such a thing is necessary. But if that becomes the norm, Christian justice can at least say that something is 3 wrong or imbalanced. The basic point is that people have their own responsibility and freedom – and they should take care of it where possible, even though recognizing the wider concerns. --------------------------------1. Why is responsibility, in the first sense, more like a gift than a burden? __________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. Imagine a world where there are all kinds of rights, but no sense of responsibility at all. Would the rights in such a world, if it existed, be actual rights or only theoretical rights? Explain by naming one example: ____________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Imagine a world where there are only responsibilities and no rights at all. Is that a just world? _____________________________________________________________________ 4. What is the principle of Subsidiarity? _____________________________________________ ______________________________________________________________________________ 5. What do you think about this statement from a Judge (paraphrased), “A society where everyone runs to a judge to settle their claims is already broken on a basic level, and there is only so much a judge could do to repair it”. Is the judge describing a just society? How is this related to the principle of subsidiarity? ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ----------------------------- 4. Human Solidarity In Christian justice, the “basic neighborliness” (from principle 3) extends to every other human being (See the parable of The Good Samaritan in the NT as the paradigm example). On the other hand, there is a kind of natural and logical progression here: We start “at home” with ourselves, then family, friends, neighbors, community, work, country, world, etc. The principle of subsidiarity works in the case of human solidarity too. The principle of solidarity presumes human “interdependence” in the order of creation. There is, then, a mutual solidarity in the created order, all the way to a “universal inclusiveness” for all of humanity (in principle). That is, if any one person or group is left out or excluded so that others may be included, something is wrong. That may sound like an abstract ideal for Never-never Land. It isn’t really. It’s something of what the Kingdom of God will be like, and in the real world it may have real consequence. Take Martin Luther King, for example. He argued (from a jail cell in Birmingham, Alabama of all places, and using Augustine and Aquinas among others to make his case) that injustice in one place means that there is some degree of injustice in every place. Justice has a logic - a Logos - to it. In the Christian mindset this logic rightly extends to the entire universe, and everyone in it. There is here, then, a logical/religious commitment to the “common good”. This is not to say that there is not such a thing as real individual, or a proper 4 spirit of “individuality”. It is closer to saying that true individuality comes into being in its full sense in a situation of solidarity and the common good. ------------------------------------1. Think of a family, where each person in it is a unique individual. Then apply the principle of solidarity to it. What does it look like? ______________________________________________ ______________________________________________________________________________ 2. Think of the same family, where each person is a unique individual. Then say that there is no sense of solidarity at all in that family. What does it look like? ___________________________ ______________________________________________________________________________ 3. Imagine the same comparison, except this time think of Villanova, or Philadelphia, or the US, or the World. Pick one and say what the difference would be, and which you think would be the more just one: __________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ------------------------------ 5. Preferential Option for the Poor The “poor” are those who lack. They lack basic necessities of life, and are, for whatever reason, incapable of doing anything about it. They are the “marginalized”, the “powerless”. Why a “preferential option”? The reason the poor deserve special care is because they do not have their share of the “blessings” of God’s creation. That is, in the real natural order of God’s creation, they should have certain things. In the actual order, they do not have them. Therefore, something is wrong. This principle reveals a positive and negative sense of responsibilities. Being responsible means (as a first approach) “Do no harm”. That is important, but it is not quite full justice. In its primary (positive) sense justice is “doing positive good”. There is a difference between not further harming, and doing positive good. At the same time there is a warning: be careful, in doing a positive good, not to harm someone more than helping them in the process. Even the injunction to “do good” brings to light another distinction that is there in Christian justice: There is a difference between doing the good, and doing the better, and doing the best. The implications and challenges of that idea are enormous. It all depends on the specifics. There is a danger in taking this the wrong way, but we all probably know those times when we did the good, and did not do the better – and we were aware of the difference. Christian justice, even when it concerns doing the good, is never a minimalist thing. We do not want equality of the lowest common denominator. We want the equality of Kings and Queens and Nobility. Why? The answer is because that is what we are. There may be real nobility in suffering poverty, but that’s not the way it is supposed to be. Each one of us is really supposed to be the exalted thing. Jesus did say, ‘The poor you will always have with you’. What he meant was that that is the problem. 5 The poor are not “bad persons”. On the contrary, it was Jesus who also said, ‘Blessed are the poor’. If there is moral culpability to be assigned or judgment to be made, a good place to take the “measure of a society’s health” is “how it treats the poor”. On the other hand, every person is “poor before God”. Every person suffers from a lack. The acceptance of that fact is itself a key virtue, so far as it enables us to have compassion for others. In some ways, the rich need the poor as much as the poor might need the rich. We don’t want to justify poverty by saying it is therefore a good thing, but there is a way in which that assertion is true. There might be something that some person, or the world, needs. There is also some person who needs to give it, if that person has it to give, in order to be the person they are supposed to be. Charity has always been known as a virtue – the kind of thing that makes us better persons. Why? Because being charitable is part of what we are. This does not mean emptying your pockets all the time. It means being willing to give something away when something is needed. Being spiritual might mean giving a push to the poor sod whose car is stuck in the snow. There are two kinds of societies we could have. There is the one where people help other people get out of snow drifts. There is the other where they are just left there to fend for themselves. One looks like a just society. The other is lacking a certain amount of basic justice. -------------------------------1. Who are the poor? ____________________________________________________________ 2. Why is there a preferential option for the poor? _____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Let’s say that you have to live either in the society that pushes other people’s cars out of the snow or the one that doesn’t. And that in this case, you live in the one that pushes other people’s cars out of the snow. This means that you sometimes have to be the one to actually push the car out of the snow. Is that a big deal? _________. Is it sometimes a pain? ______. Do you want a lot of praise for it? _______. Are you a better person if you push the car out of the snow, a worse one, or it doesn’t matter? ___________________________. What if you lived in the society that doesn’t push cars out of the snow? Forget about the people in the cars stuck in the snow for a minute. Would you be a better person, a worse one, or it doesn’t matter for not pushing cars out of the snow? _______________________. Who gets to decide whether you live in the society that pushes cars out of the snow, or the one that doesn’t? _______________________________. 6