The Enigma of Justice

The Enigma of Justice

Morris A. Inch

The Enigma of Justice

Copyright ©

2010

Morris A. Inch. All rights reserved. Except for brief quotations in critical publications or reviews, no part of this book may be reproduced in any manner without prior written permission from the publisher. Write: Permissions, Wipf and Stock Publishers,

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isbn 13: 978-1-60899-763-3

eisbn 13: 978-1-4982-7287-2

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Table of Contents

Title Page

Preface

Acknowledgments

Chapter 1: Justice
and The Prophets

Chapter 2: Justice and the Cardinal Virtues

Chapter 3: Justice and the Theories

Chapter 4: Justice and Faith

Chapter 5: Justice and Hope

Chapter 6: Justice and Love

Chapter 7: Commutative Justice

Chapter 8: Distributive Justice

Chapter 9: Legal Justice

Chapter 10: Retributive Justice

Chapter 11: Justice and Poverty

Chapter 12: Justice and Mercy

Chapter 13: Justice and Freedom

Chapter 14: Justice and Life

Chapter 15: Justice and Idolatry

Chapter 16: Justice and Reality

Chapter 17: International Justice

Chapter 18: The Legacy

Bibliography

Preface

While justice is a critical component of corporate life, its meaning is variously understood. This not uncommonly leads to confusion, incrimination, and even conflict. It recalls an amusing story concerning a man who was accosted while crossing the property of another. How did you come about laying claim to this land? the intruder inquired.

I inherited it from my father, the other confidently replied.

And how did he come by it? the former persisted.

From his father, and grandfather before him, the latter acknowledged. He assumed this established his inheritance.

But how was it originally obtained? the intruder pressed his reluctant host.

He fought for it! the now irate owner exclaimed.

I’ll fight you for it! the challenger heartily responded. This seemed to him an equitable way of proceeding.

A fanciful account? Likely so, but not all that different in principle from one who insists on preferential treatment to address some real or imaginary wrong inflicted on those of his ethnic background, gender, race, or sexual preference in the past. In this manner, it constitutes an appeal to justice.

With such in mind, we initially turn to the school of the prophets. I hate, I despise your religious feasts, I cannot stand your assemblies, the Lord protests. Even though you bring me burnt offerings and grain offerings, I have no regard for them. Away with the noise of your songs! I will not listen to the music of your harps (Amos 5:21-22). Accordingly, hypocrisy compounds their guilt.

But let justice roll on like a river, righteousness like a never-failing stream! the Almighty subsequently admonishes his wayward people. In a region where wadis (dry river beds) proliferate, this amounts to an appeal for abundance and constancy. In this particular instance, justice and righteousness appear in parallel construction and hence more or less synonymous. Otherwise, their connotations may differ.

We shortly turn our attention to justice as one of the four cardinal virtues. This will further serve to establish its critical importance for society as a whole, and persons individually. Thereafter, we will consider several prominent theories concerning justice.

In turn, we will touch on justice as associated with each of the theological/spiritual virtues: faith, hope, and love. After that, consider four classical definitions: concerning commutative, distributive, legal, and retributive justice. We will then explore some of the remaining nuances of this complex subject. Finally, conclude with a discussion of the legacy of justice, as a cherished gift to subsequent generations. Consequently, it bears repeating: But let justice roll on like a river, righteousness like a never-failing stream!

Acknowledgments

My beloved wife Joan, took on the demanding task as copy editor for this text, having just edited Thumbs Up For the Family, subsequently published. It goes without saying, I am deeply appreciative.

1

Justice
and The Prophets

It was the unenviable task of the prophets to fine-tune the monarchy to its covenant obligations. There was considerable room for improvement, needless to say. Accordingly, Hosea pointedly complains: There is no faithfulness, no love, no acknowledgment of God in the land. There is only cursing, lying and murder, stealing and adultery (4:1–2).

What sort of a person was the prophet? For one thing, he exhibited a keen sensitivity to the evil surrounding him. In this regard, To us a single act of injustice—cheating in business, exploitation of the poor—is slight; to the prophets, a disaster. To us injustice is injurious to the welfare of the people; to the prophets it is a deathblow to existence: to us, an episode; to them, a catastrophe, a threat to the world.¹ How are we to account for this contrast between the prophets and general populace? It is as if the former were marching to a different cadence. As a result, they could better appreciate the gravity of sin—as an affront to the Almighty. Although it assuredly had social and personal implications as well.

Again, what sort of person was the prophet? He was not reluctant to challenge those in authority, when it seemed that they had lost their way. Moreover, to warn of impending disaster should they continue in their wickedness. Not only for themselves, but subsequent generations.

In contrast, A tribal god was petitioned to slay the tribe’s enemies because he was conceived as the god of that tribe and not as the god of its enemies. When the Roman armies were defeated in battle, the people, indignant, did not hesitate to wreck the images of their gods.² This is by way of reminding us that persons are no better than the deities they profess to serve.

Finally, what sort of person was the prophet? In preparation for the prophetic ministry, it might be said: ‘All flattery abandon, you who enter here.’ To be a prophet is both a distinction and an affliction. The mission he performs is distasteful to him and repugnant to others; no reward is promised him and no reward could temper its bitterness.³

Jeremiah serves as a classic example. So the word of the Lord has brought me insult and reproach all day long, he complains. But if I say, ‘I will not mention him or speak any more in his name,’ his word is in my heart like a fire, a fire shut up in my bones. I am weary of holding it in; indeed, I cannot (Jer 20:8–9).

Justice receives little explicit mention prior to the Mosaic Covenant. As a prime exception, the Almighty reflects: Shall I hide from Abraham what I am about to do? For I have chosen him, so that he will direct his children and his household after him to keep the way of the Lord by doing what is right and just, so that the Lord will bring about for Abraham what he has promised him (Gen 18:17, 19).

The point is stressed, because it is the spiritual/moral basis that enabled Abraham to intercede for the deliverance of Sodom. Moreover, It was also on the basis of Abraham’s right relationship with God that Yahweh guaranteed to deliver Lot from the coming conflagration of these cities. Furthermore, in this account Abraham, a doer of righteousness, stands in sharp relief to the doers of wickedness in Sodom.⁴ This, in turn, set the course for all those who refer to the patriarch as the father of the faithful (cf. Heb 11:8–12).

Whereas Abraham epitomized the patriarchal era as no other, Moses introduced the period of the prophets. In Jewish tradition, he is remembered primarily as a rabbi/teacher, although instrumental in the deliverance of his people from bondage. In greater detail, the angel of the Lord appeared to him in the context of a burning bush that was not consumed.

When he approached the bush to observe this strange phenomenon more closely, God cautioned him: Do not come any closer. Take off your sandals, for the place where you are standing is holy ground. Then he revealed, I am the God of your father, the God of Abraham, the God of Isaac and the God of Jacob (Exod 3:5–6). At this, Moses hid his face, because he was afraid to confront the Almighty.

I have indeed seen the misery of my people in Egypt, the Lord assured him. I have heard them crying out because of their slave drivers, and I am concerned about their suffering. So I have come down to rescue them from the hand of the Egyptians and to bring them up out of that land into a good and spacious land, a land flowing with milk and honey. In other words, to a land of plenty.

So now, go I am sending you to Pharaoh to bring my people the Israelites out of Egypt, the Almighty continued. At this, Moses protested—in that he did not feel adequate for such a monumental task. I will be with you, God countered. And this will be the sign to you that it is I who have sent you. When you have brought the people out of Egypt, you will worship God on this mountain. This, moreover, recalls the observation that one with God is in the majority.

Moses was still reluctant. Suppose I go to the Israelites and say to them, ‘The God of your fathers has sent me to you,’ and they ask me, ‘What is his name?’ Then what shall I tell them? This was tantamount to inquiring what new revelation he had received.

I Am Who I Am, the Lord replied. This is what you are to say to the Israelites; ‘I am has sent me to you.’ This is likely a reference to the living Lord, as set over against all pretenders. In this regard, Of what value is an idol, since a man has carved it? Or an image that teaches lies? For he who makes it trusts in his own creation; he makes idols that cannot speak (Hab 2:18).

Or, if cast in terms of the future, God’s ways will become known in the course of time. Consequently, heed his injunctions with relentless confidence. As expressed by Dietrich Bonhoeffer: Those who obey, trust; and those who trust, obey.

Yet Pharaoh’s heart became hard and he would not listen to them (Moses and Aaron), just as the Lord had said" (Exod 7:13). There followed a series of plagues, meant to weaken the ruler’s resolve. These were of such nature as to challenge the capacity of the Egyptian pantheon to contend with the Sovereign Lord.

Even if select plagues can be explained as resulting from natural causes, they are distinctive in their extent, and as a timely response to Moses’ intercession. The final plague, concerning the death of the first-born, appears meant to recall the oppression of God’s first-born—his chosen people. Further speculation seems purposeless, not in that we lack for answers, but are at a loss as to what questions are appropriate.

During the night Pharaoh summoned Moses and Aaron and said, ‘Up! Leave my people, you and the Israelites! Go, worship the Lord as you have requested. Take your flocks and herds, as you have said, and go. And also bless me’ (12:31–32). As you have requested and as you have said suggest his compliance. Then, in conclusion, he invites their benediction.

Meanwhile, the Israelites celebrated the Passover. This was the defining moment in their corporate experience. Deliverance was pending, as was the covenant enactment. Moreover, it had implications not for them alone but for all. Consequently, in Jewish tradition no one is genuinely free as long as any remain in bondage.

When the Pharaoh was told that the Israelites had departed, he and his officials had a change of heart. What have we done? they inquired among themselves. We have let the Israelites go and have lost their services? (14:5). So they set out in pursuit.

As the Egyptians approached, the people looked up in dismay. Was it because there were no graves in Egypt that you brought us to the desert to die? they sarcastically inquired of Moses. It would have been better for us to serve the Egyptians than to die in the desert!

Do not be afraid, Moses replied. Stand firm and you will see the deliverance the Lord will bring you today. The Lord will fight for you; you need only to be still. Then the Lord instructed his servant to extend his staff over the sea, at which the water was divided—allowing the Israelites to make good their escape. Then, when the Egyptians attempted to pursue, the waters converged on them. Some speculate that this resulted from volcanic activity documented in the region of the Aegean Sea.

In any case, the Israelites celebrated their deliverance from bondage. I will sing to the Lord, for he is highly exalted, they chorused. The horse and its rider he has hurled into the sea. The Lord is my strength and my song, he has become my salvation. He is my God, and I will praise him, my father’s God, and I will exalt him. As expressed in the memorable lyrics of Thomas Chisholm:

Great is Thy faithfulness, O God my Father.

There is no shadow of turning with Thee.

Thou changest not, Thy compassions they fail not;

As Thou hast been, Thou forever wilt be.

The Israelites subsequently made their way to Mount Sinai. Its traditional site consists of a granite ridge, the peaks of which reach about 6,000 feet above sea level. The most conspicuous peak, Jebel Musa (Mountain of Moses), looks out toward a wide plain approximately four miles in length and up to a mile in width.⁵ Nestled on the lower slopes of the ridge is the sixth-century Monastery of St. Catherine, which houses a priceless library.

Then Moses went up before the Lord, while the people waited expectantly for his return. Now if you obey me fully and keep my covenant, then out of all the nations you will be my treasured possession, Moses was instructed to inform the populace. Although the whole earth is mine, you will be for me a kingdom of priests and a holy nation (19:5–6). Worthy of note, the priest intercedes not only on his behalf but that of others—in this instance the nations.

Now the covenant took the form of a vassal treaty, whereby the Lord promises to bless the assembly on condition of their faithfulness. In particular, it consists of five segments: the preamble, historical prologue, stipulations, sanctions, and provision for renewal. The preamble is succinctly expressed, Moses proclaimed to the Israelites all that the Lord had commanded him concerning them (Deut 1:3). Yahweh is thus identified as the heavenly sovereign, who is deserving of reverent obedience.

The historical prologue, in turn, recalls the Lord’s prior faithfulness. Benefits allegedly conferred by the Lord upon the vassal were cited with a view to grounding the vassal’s allegiance in a sense of gratitude complementary to the sense of fear which the preamble’s grandiose identification of the suzerain had been calculated in inspire.⁶

However, it was the stipulations that constituted the bulk of the covenant. Some were of a general nature, like the injunction to honor one’s parents. Honor of parents involves respect, obedience, and love. It involves taking care of their physical, social, and spiritual needs. The rabbis reasoned that parental honor should extend beyond life as a treasured memory expressed in attitude and deed.⁷ The remaining stipulations dealt with specific instances, such as proper sexual relationships and the protection of property. The rabbis reasoned that this resembled the building of a fence, so that one would not fall prey to temptation. In this regard, an orthodox rabbi inquired of me: What is wrong with building a fence? Whereupon, I deferred to him for an answer. Nothing is wrong with building a fence, he observed, so long as one does not worship it.

The sanctions contrast the results of keeping the covenant and failing to do so. As for the former, You will blessed in the city and blessed in the country. The fruit of your womb will be blessed, and the crops of your land and the young of your livestock. You will be blessed when you come in and blessed when you go out (28:3–4, 6). He resembles a tree planted by streams of water, which yields its fruit in season and whose leaf does not wither (Psa 1:3).

Not so the wicked! the psalmist then exclaims. They are like chaff that the wind blows away. Therefore the wicked will not stand in the judgment, nor sinners in the assembly of the righteous. In more specific terms, Cursed is the man who does not uphold the words of this law by carrying them out. Then all the people shall say, ‘Amen!’ (Deut 27:26).

Finally, a provision for covenant renewal allowed the people to respond to changing circumstances within the covenant framework. Such as when they settled down in the Promised Land, having consummated their wilderness wandering. The covenant thus took on a dynamic character.

As one might expect, the theme of righteousness/justice took on prominence with the covenant. Several examples will serve to