: Conflicted Justice :
: an essay exploring the implications of coexisting two forms of justice
: Justice is a prickly term to understand and its usage
can greatly depend on both
: the audience and the context. As a common example, justice is what
national
: figures claim to want when they appeal to the public for support in
punishing
: someone or something. Taken at surface value, justice is the desired
retribution
: for some perceived wrong-doing. For example, for the friends and family
of those
: who lost loved-ones in the 1995
Oklahoma City bombing [1],
Timothy McVeigh's
: death sentence and subsequent execution was hailed as justice. In
a complementary
: sense, when an individual or group is suppressed, justice is said
to be missing. For
: the Civil Rights movement, social justice for blacks is said to have
been absent prior
: to the passage of the 1964
Civil Rights Act [2]. These
forms of justice are what I
: will term "legal justice," which is to say that the retribution
is derived through a
: society/government mediated legal system. Generally, legal justice
is societally both
: accepted and endorsed. Legal justice is what a rational society desires
for wrong-
: doing, because there is an assumed objectivity and common morality
to it. When
: legal justice is sweeping enough to push society toward greater individual
equality,
: it's called social justice.
: There is, however, another form of justice, which is
a hold-over from pre-historic
: times when justice was not meted out by complicated societal legal
systems. This
: kind of justice, what I term "personal justice," in modern
societies is not always
: either accepted or endorsed either legally or societally. Yet personal
justice is an
: equally important way of balancing a wrong-doing, being both more
swift and more
: accessible.
: In this piece, I will attempt to explore the fundamental
concept of "justice" as found
: and applied in our wonderfully complex western society. I'll explore
how personal
: justice is both distinct and yet related to the more familiar legal
justice, examine the
: inherent paradox of legal justice, touch on the concept of social
justice, and briefly
: explore how justice is evolving in a world defined by difference and
multiculturalism.
: Disecting Justice
: Justice is what we call retribution for a perceived
wrong-doing, and as a result it
: requires a moral framework from which to judge "right" from
"wrong." The American
: Heritage Dictionary defines
justice as the quality of fairness, the principle of moral
: rightness and the administration of law [3].
The first two definitions are subtly linked
: as before one can judge fairness, one needs a framework which distinguishes
: excessiveness from rationality. Almost by definition, such a framework
is a morality
: as it assigns a "rightness" or "wrongness" to
actions - i.e. that excessiveness is "wrong"
: and moderation is "right." When taken in the context of
the third definition, the
: administration of law becomes the enforcement of this morality, however
it is put
: into place. But that's exactly what a legal system is - a societally
constructed moral
: framework of right vs. wrong, complete with a set of consequences
for convicted wrong-
: doers. Unlike most moralities, legal systems are obsessively recorded
in order to lend
: the weight of precedence to the moral (legal) judgments. Precedent,
in this case, plays
: the role of the band-aid fixing up a poorly designed and inconsistent
moral framework.
: One could say that justice is the imposition of fairness
upon a previously unfair
: situation, meaning that all sides are made more equally enabled or
disabled. As a
: working definition for this essay, however, lets simply say that injustice
is an un-
: balancing of fairness, a perceived wrong-doing; justice is then the
necessary retribution
: to restore balance for that wrong-doing. With this now slightly refined
understanding of
: justice, here are five questions to consider as we wind our way through
the interaction
: of and distinction between legal and personal justice. What is justice
where
: 1. a mother (or father), desperate from years of struggling
economically and
: emotionally to live and raise three young children suddenly shoots
them all dead,
: 2. a people's property is bought through Eminent Domain to make way
for a new
: airport runway,
: 3. two drunk college students sleep together, and one wakes up the
next morning
: feeling taken advantage of,
: 4. the gay son who's father will no longer speak to him because, to
the dad, the son's
: sexual orientation is more important to him than the father-son relationship,
: 5. a devout muslim who's beliefs, in a chatroom, are aggressively
attacked and belittled
: Understanding Personal Justice
: Personal justice, unlike the legal form, is not available
at the societal level; rather, it
: is the retribution we as individuals can obtain under our own power,
without the help of
: a societal mechanism. Thus personal justice is always available to
each one of us,
: although circumstances may make it an unappealing choice. In this
regard, personal
: justice is what you get when you lash out at a person who is harassing
you, and is
: what Greenpeacers seek when they delay a national missile defense
test. While legal
: justice is intended to be objective, personal justice derives its
power from being purely,
: but perhaps unknowingly, subjective.
: At the individual level, personal justice accessible
and immediately gratifying, and thus
: very pervasive. Legal justice, having a long tradition and complex
methodology, is
: relatively inaccessible to most individuals, and the satisfaction
rewarded is distant and
: hard-won. Personal justice is fast and cheap, while legal justice
is laborious and
: expensive [4].
: Let's examine a situation using this concept of personal
justice. An unarmed veteran
: policewoman is killed in her house by a man who's brother she killed
in a prison-
: break several years prior. Blinded by rage, the policewoman's son's
only desire is
: retribution for the killer's unjust actions. His options are either
to see this man put
: away for life (legal justice), or to exact revenge (a specialized
form of personal justice)
: by killing/brutalizing him. Most would seek legal justice for such
a seemingly open-
: and-shut situation. In a less rational (and legally constrained) society,
however, the
: revenge-murder is the expected form of personal justice, and has become
a stereotype
: of primitive honor. However, if the legal case begins to fall apart
making legal justice
: less attainable, for the son, personal justice becomes the only option
for balancing
: the injustice of the mother's murder. Likely, the son will see the
legal system's failure
: as an additional injustice, and he may seek justice on his own terms.
Because personal
: justice is inherently subjective, it can lead to circularities like
this situation - the killer
: himself sought personal justice for a wrong-doing; by achieving it,
the debt of injustice
: is not eliminated, but merely passed to the son. Continued personal
justice continues
: to pass the debt of injustice.
: But how is the concept of personal justice useful? By
drawing a distinction between
: the justice individuals can achieve within their own power versus
the justice achievable
: through the law allows us to examine the tension between the two,
and explore what
: happens in ambiguous situations like the five questions described
at the beginning
: of this essay.
: All in the Family (of Justice)
: Legal justice, however, doesn't spring fully formed
from a society's collective forehead.
: Instead, it has to evolve over time from personal justice just as
culture evolves from
: personal habit and social movements. Personal justice, then, is the
mother of legal
: justice. At the smallest social level, it is both difficult and unlikely
that a small group
: of people can have either legal justice or a society - personal justice
remains the
: dominant form of retribution. Imagine you're a member of a street
gang - one of
: your fellows spreads libelous rumors about you, undercutting your
reputation and
: chances of climbing the hierarchy. What higher authority might you
appeal to for
: justice? Most likely there is none, and you must take it into your
own hands to balance
: the wrong-doing. Gangs themselves can be seen as social entities,
and the interactions
: between them become mediated by personal justice as well. So long
as there is not
: a higher authority, which the clashing parties can appeal to, personal
justice is the
: only way toward restoring the social balance.
: The larger and more continuous a social group becomes,
the more likely they will
: agree to a framework of acceptable and unacceptable behavior - a primitive
system
: of legal justice. For instance, when an organization becomes large
enough, it usually
: creates bylaws and a charter so that all members can share a common
understanding
: of the group's purpose. The larger the group, the tighter and less
personal the system;
: in small organizations, splinter groups cause a drain on the system's
strength, and if
: persuasive enough, and cause the legal system to be replaced (revolution).
Small groups
: can get away with having legal justice rest in the communal understanding,
but larger
: entities like city-states necessitate a written legal system in order
to remain consistent.
: Scaling up, city-states will coalesce to form nations, and their disparate
legal systems
: merge and become correspondingly more complex [5].
: The connection between personal justice and legal justice
could be boiled down to a
: simple observation made by the Legal Realist movement c. 1900-1940
[6]. This
: movement observed that judges, like the rest of us, put their pants
on one leg at a
: time, meaning that they are subjective participants in the legal system,
thus allowing
: their concept of personal justice to affect the future definition
of legal justice.
: Part 2: Legal Justice,
Personal Injustice, and fairness in an unfair world
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