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Published On: Apr 26, 2006 10:02 PM
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Published On: Apr 26, 2006 10:02 PM
What is Justice, Anyway?
It's kind of embarrassing for a Tyrsman, but I
often don't have a very clear idea of exactly what justice
is.
It's not really enough to say "I know it when I see it," but I do. Most of us do recognize justice when we see it.
In modern times, we have an idea of poetic justice. This results when someone is brought low by the very thing that was their wrongdoing -- A drug dealer overdosing would be poetic justice. There's something appealing about it -- it just seems appropriate somehow. The cheating wife's husband takes a lover. The young person who married the ancient millionaire dies first. It leaves you feeling like there is reasonable retribution in the universe.
Is it actually justice, though? Not really. The death of the drug dealer by any means does not compensate for the lives his sales have already taken. Nor is he ultimately responsible, if one believes in freedom of choice, for what his adult customers choose to do with his products. The husband who took a lover isn't really getting back at his cheating wife; she probably couldn't care less. His choosing to be unfaithful in no way eliminates her being unfaithful. And the young person who married the millionaire? His or her death, although it might please the morbid observer, will only bring more pain to the aged millionaire who already may have had to face the fact that the young person didn't marry them out of love, but out of greed. How is any of this justice?
And yet, from another perspective, it is. Justice doesn't account for the idea of compensation to the victim. It isn't about an eye for an eye. Justice is not revenge. It is merely about punishment for wrong action.
In one of the more profound statements he makes, Snorri says (of Tyr):
...and he is one-handed and he is not considered a promoter of settlements between people.
(Edda, page 25)
In this, he echoes Loki:
'Be silent, Tyr, you can never
deal straight with people;
your right hand, I must point out
is the one which Fenrir tore from you.'
(Lokasenna, Larrington translation, verse 38)
It should here be noted that Tyr's association with justice is inferred in the Lore, not stated outright. However, if one accepts the association as valid, then the above tells us one thing: Justice is not about settlements between people.
Think about that. It's not about lawsuits over hot coffee and fattening fast food. It's not about Judge Judy, Judge Wapner, or Judge Brown. Civil suits are about settlements between people, and if one accepts the Lore, such things have nothing to do with justice, just like my idea of "Making Amends" is not based in justice. These things have to do with frith.
Justice has to do with what a society deems are criminal offenses and the punishments imposed because of them. It's not a system to make anyone feel better. That's the point that is missed by the media, who focus on the family of the victim holding a press conference outside the court house, rather than focusing on the trial and sentencing. It isn't about the victims. It's about someone who is out of step with the rules of their society, and will be punished for it.
Impersonal? Absolutely. Remember, Justice, in Western thought, is supposed to be blind. It should not see the criminal, nor the victims; but should focus only on the crime and the punishment.
Which brings us to this: what are appropriate punishments? In the ancient heathen times, the main punishments for criminal offenses (most offenses, according to the Sagas, were considered civil offenses) were lesser and greater outlawry. If someone had placed themself outside the law to perform a criminal act, they were then placed outside the protection of the law, and had to either flee the country or their life could be forfeit to anyone who chose to take it, without fear of punishment. Without the protection of law, their property could be seized by anyone.
Sound extreme? Maybe a little. But take a look at our modern prison system, where inmate have a restricted set of personal rights and little protection from other prisoners. Prisoners may spend life (greater outlawry) or part of their life (lesser outlawry) trapped away from society. This serves the dual purposes of punishment for the offender and the protection of that society from further offense.
Of course, there are lesser and greater offenses. One may be merely assessed a fine, which is a deterrent to further action due to a loss of financial capital as well as a compensation to the system of government for the cost of enforcing Law. Or in extreme cases and in some states, if an action is so grievous that no amount of punishment can atone, execution may be performed.
I'd probably be remiss if I didn't look at least briefly on the Eastern system of karma. Karma (in case you've been living in a hole far from the Madding New Age Crowd) is a universal system of rewards and punishments for good and bad actions respectively. It is often tied up with the idea of reincarnation. For example, if you lead a good life, you will be karmically rewarded by being reborn as a higher life form, such as a Dolphin or Atlantean. If you lead a bad life, it may be time to do some reflection as a toadstool.
I don't know what you'd call that, but it ain't justice. Firstly, justice isn't about rewards for good behavior. Secondly, justice is completely dependent on the society to take action, whereas karma is viewed as some kind of universal law of cause and effect.
Tyr and Fenris show us, among many other things, that something may have to be sacrificed for justice to occur. Tyr, one of the bravest, most honorable, most valiant members of the Aesir, had to break his word. He paid for that crime with the loss of his hand, a price he accepted upfront. This counts as justice because Fenris didn't actually receive any benefit from it -- he still remained shackled, and one can hardly suppose that he got any valuable amount of sustenance off of one hand.
I know I have at least one reader who's involved with criminal justice/law enforcement, but I'm curious to get comments from all of you. What are your thoughts about justice?
It's not really enough to say "I know it when I see it," but I do. Most of us do recognize justice when we see it.
In modern times, we have an idea of poetic justice. This results when someone is brought low by the very thing that was their wrongdoing -- A drug dealer overdosing would be poetic justice. There's something appealing about it -- it just seems appropriate somehow. The cheating wife's husband takes a lover. The young person who married the ancient millionaire dies first. It leaves you feeling like there is reasonable retribution in the universe.
Is it actually justice, though? Not really. The death of the drug dealer by any means does not compensate for the lives his sales have already taken. Nor is he ultimately responsible, if one believes in freedom of choice, for what his adult customers choose to do with his products. The husband who took a lover isn't really getting back at his cheating wife; she probably couldn't care less. His choosing to be unfaithful in no way eliminates her being unfaithful. And the young person who married the millionaire? His or her death, although it might please the morbid observer, will only bring more pain to the aged millionaire who already may have had to face the fact that the young person didn't marry them out of love, but out of greed. How is any of this justice?
And yet, from another perspective, it is. Justice doesn't account for the idea of compensation to the victim. It isn't about an eye for an eye. Justice is not revenge. It is merely about punishment for wrong action.
In one of the more profound statements he makes, Snorri says (of Tyr):
...and he is one-handed and he is not considered a promoter of settlements between people.
(Edda, page 25)
In this, he echoes Loki:
'Be silent, Tyr, you can never
deal straight with people;
your right hand, I must point out
is the one which Fenrir tore from you.'
(Lokasenna, Larrington translation, verse 38)
It should here be noted that Tyr's association with justice is inferred in the Lore, not stated outright. However, if one accepts the association as valid, then the above tells us one thing: Justice is not about settlements between people.
Think about that. It's not about lawsuits over hot coffee and fattening fast food. It's not about Judge Judy, Judge Wapner, or Judge Brown. Civil suits are about settlements between people, and if one accepts the Lore, such things have nothing to do with justice, just like my idea of "Making Amends" is not based in justice. These things have to do with frith.
Justice has to do with what a society deems are criminal offenses and the punishments imposed because of them. It's not a system to make anyone feel better. That's the point that is missed by the media, who focus on the family of the victim holding a press conference outside the court house, rather than focusing on the trial and sentencing. It isn't about the victims. It's about someone who is out of step with the rules of their society, and will be punished for it.
Impersonal? Absolutely. Remember, Justice, in Western thought, is supposed to be blind. It should not see the criminal, nor the victims; but should focus only on the crime and the punishment.
Which brings us to this: what are appropriate punishments? In the ancient heathen times, the main punishments for criminal offenses (most offenses, according to the Sagas, were considered civil offenses) were lesser and greater outlawry. If someone had placed themself outside the law to perform a criminal act, they were then placed outside the protection of the law, and had to either flee the country or their life could be forfeit to anyone who chose to take it, without fear of punishment. Without the protection of law, their property could be seized by anyone.
Sound extreme? Maybe a little. But take a look at our modern prison system, where inmate have a restricted set of personal rights and little protection from other prisoners. Prisoners may spend life (greater outlawry) or part of their life (lesser outlawry) trapped away from society. This serves the dual purposes of punishment for the offender and the protection of that society from further offense.
Of course, there are lesser and greater offenses. One may be merely assessed a fine, which is a deterrent to further action due to a loss of financial capital as well as a compensation to the system of government for the cost of enforcing Law. Or in extreme cases and in some states, if an action is so grievous that no amount of punishment can atone, execution may be performed.
I'd probably be remiss if I didn't look at least briefly on the Eastern system of karma. Karma (in case you've been living in a hole far from the Madding New Age Crowd) is a universal system of rewards and punishments for good and bad actions respectively. It is often tied up with the idea of reincarnation. For example, if you lead a good life, you will be karmically rewarded by being reborn as a higher life form, such as a Dolphin or Atlantean. If you lead a bad life, it may be time to do some reflection as a toadstool.
I don't know what you'd call that, but it ain't justice. Firstly, justice isn't about rewards for good behavior. Secondly, justice is completely dependent on the society to take action, whereas karma is viewed as some kind of universal law of cause and effect.
Tyr and Fenris show us, among many other things, that something may have to be sacrificed for justice to occur. Tyr, one of the bravest, most honorable, most valiant members of the Aesir, had to break his word. He paid for that crime with the loss of his hand, a price he accepted upfront. This counts as justice because Fenris didn't actually receive any benefit from it -- he still remained shackled, and one can hardly suppose that he got any valuable amount of sustenance off of one hand.
I know I have at least one reader who's involved with criminal justice/law enforcement, but I'm curious to get comments from all of you. What are your thoughts about justice?
Posted: Fri - March 26, 2004 at 02:11 PM