Facing up to justice

The crimes and sentencing of baby-murderer Lucy Letby is driving fresh conversations about justice. Edward Smyth examines the confusion and contradictions within them.

Edward Smyth

A writer and speaker in the field of criminal justice and faith, Edward Smyth is now pursuing doctoral research on the 'through-the-gate' experiences of individuals who have found faith while in prison.

Lucy Letby's Police file photograph.

Cheshire Constabulary.

‘Christians need to be ready for the inevitable moment when Lucy Letby declares that she’s found Jesus in prison.’

So read one of many tens of thousands of tweets posted on the day Letby was sentenced to spend the rest of her natural life behind bars. I probably saw several hundred of those tweets that day; yet this one has lingered, niggling away at me whenever my mind is drawn back to a consideration of the appalling facts of a case that surely takes its place amongst the worst ever to have been prosecuted in this country.

One of the things about the Letby trial which has caused the most consternation has been her refusal to appear in court for some of the verdicts, and for her sentencing hearing. The strength and volume of the response to what is being almost universally termed her ‘cowardice’ has some challenging things to say about what contemporary society means – or thinks it means – when it talks of ‘justice’. And, as I write, the Government’s response has been to force criminals to appear. An interrogation of these responses might just help us all begin to be able to think through where this leaves us, too.

The sense seems to be that in refusing to enter the dock at Manchester Crown Court for her sentencing, Letby has somehow evaded what we might term her ‘just deserts’; and that her victims and their families – and indeed society – have been cheated out of some of the justice to which they feel entitled. If the act of receiving the sentence is viewed as itself part of the punishment (not an assumption by which I am wholly persuaded, but one which sits at the heart of this argument) then the outrage caused by Letby’s avoidance of her sentencing speaks to a certain weighting of the importance of that one morning in court as against the next forty or even fifty years Letby will spend in prison. What this boils down to, then, is retribution pure and simple. We think offenders should be made to listen to the impact of their offending because we want them to feel all the things that we believe they deserve: guilt, shame and pain. We want this because of some innate, deep-rooted sense of balance and fairness which dictates that an appropriate response to the imposition of pain is, in turn, the imposition of pain.

Our legal system exists, in part, to ensure that this remains proportionate: the state censures offenders to avoid the inevitable disproportionate vigilante or retaliatory action which would otherwise ensue, exercising what some criminologists refer to as its ‘displacement function’. Prisons, of course, are out of sight and usually out of mind which perhaps explains the importance of the sentencing hearing in cases like this: it is the only opportunity we have to see the convicted person suffer – and we need to see it with our own eyes to make sure that, even if we think ‘prison is too good’ (i.e. insufficiently painful), we have at least seen the convicted person suffer some pain.

Letby may have avoided being deluged by the waters of justice rolling down upon her ... in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak.

For Christians, though, the elephant in the room is that Letby has been sentenced to a ‘whole life order’. In passing that sentence the state is saying ‘we have no interest in your rehabilitation’; and that is something which should give all pause for thought especially Christians. I do not think there is a ‘correct Christian response’ to this issue, as it happens: personally, I would rather we didn’t have whole life orders, but equally I have no objection to someone spending the rest of their life in prison if that is the only safe course of action. If we were designing a Christian system of criminal justice, then whole life orders would be indefensible on the grounds that we have no right to make impossible redemption; but we’re not designing – or operating under – a Christian system of criminal justice; and redemption in the theological sense is still possible in prison. I struggle – particularly in light of cases like this one – to get too worked up about it.

But perhaps that’s the point. Perhaps the fact that my own theology opposes whole life orders but, when exposed to the facts of a case like Letby’s, I find it difficult to care very much is exactly the kind of confusion and contradiction of which I spoke at the outset of this article. And in that confusion and contradiction perhaps we find what it is to be a Christian, our instinctive and culturally conditioned human responses coming up against the teaching of the ultimate countercultural being and, so often, overwhelming it in our hearts.

Those hearts ache for the victims of Lucy Letby and their families. Have they received justice? She will spend the rest of her life in prison: I think they have. Is that justice compromised because she did not appear for her sentencing? I think it is not, on both secular and Christian grounds. Secularly speaking the state has performed its ‘displacement function’ and the punishment is being carried out whether she was there to hear it or not. The victims have – for better or worse – been removed from the conversation, which is why criminal cases are listed as ‘The King v. ...’ rather than ‘[Victims’ names] v … .’ Theologically speaking Letby may have avoided being deluged by the waters of justice rolling down upon her (as Justice is described in the Bible) in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak, and she will be soaked through soon enough.

The case of Lucy Letby – as with any case of great evil – is a violent challenge. For the Christian, it is one which can only be met with prayer, thought, and introspection. In short: they must pray their way to their own response. But whilst they are doing that as Christians in an increasingly secular world; a world where the responses that they know their faith obliges them to make are so quickly and easily monstered – I can only hope that they and we find in our Church an institution willing to preach that countercultural, unpopular Gospel.

'Modern man often anxiously wonders about the solution to the terrible tensions which have built up in the world and which entangle humanity. And if at times he lacks the courage to utter the word “mercy”, or if in his conscience empty of religious content he does not find the equivalent, so much greater is the need for the Church to utter this word, not only in her own name but also in the name of all the men and women of our time.'
Pope John Paul II

Essay

Character

Comment

Language

7 February 2024

6 min read

Our language use is leading to a cultural abyss

We are witnessing a profound loss of commitment and discernment in the use of language, writes Oliver Wright.

Oliver Wright

After 15 years as a lawyer in London, Oliver is currently doing a DPhil at the University of Oxford.

Four rugby players stand and watch beside a referee gesturing with his arm.

Rugby players wait upon Wayne Barnes' word.

RFU.

The 2023 Rugby Union World Cup Final was one of the most iconic international matches in living memory, involving two of the most iconic teams – the All Blacks and the Springboks. It’s not surprising that after reaching such a pinnacle of a sporting career, there should be retirements that followed. But two retirements caught my eye. Not from players, but from referees: Wayne Barnes, the most experienced international referee in the world, the main match official, and Tom Foley, also highly experienced, the Television Match Official. Why? Wayne Barnes’s statement is particularly gracious and thoughtful. But the reason given in common with Tom Foley, and indeed many others in similar situations and similar high-pressure roles in the public eye, is worrying: online abuse. After the cup final, death threats were even sent to the school of Foley’s children.

Online abuse has become an endemic, worldwide problem. There are real people issuing these threats and abuse; and there are real people receiving them, and responding in some way. Of course, there is also the problem of online ‘bots’. But they only succeed in their abuse because of their imitation of real abusers.

It’s worth asking why, because we can go beyond the helpless handwringing of ‘the perils of being online’. There are philosophical and indeed theological reasons, and philosophical and theological ways, I suggest, of climbing out of the abyss.

In fact, all words ‘act’ in some way. Even plain truth-describers assert something, such that an interlocuter can learn or discern for themselves.

Let’s go back to the 1950s, when two important advances in the philosophy of language and in religious language occurred. The first came from Oxford, and the White’s Professor of Philosophy, J.L. Austin. The second came from Durham, and its then Bishop, Ian Ramsey.

Austin, whose remarkable life and work has now been brilliantly documented for the first time in the biography by Mark Rowe (published by OUP, 2023) was a decorated Second World War veteran in the intelligence corps who was widely recognised as being one of the masterminds of the success of the D-Day Landings. On his return to Oxford in the late 1940s he perceived with great dissatisfaction a certain philosophical move which accorded the greatest importance in language to words and phrases which described things, which indicated some form of empirical truth about the world. For sure there were other kinds of use of language, religious language, emotional language, and so on, this argument continued. But that was fairly worthless. Describing cold hard scientific truth was the true utility for language.

Austin’s most famous response was in his book How To Do Things With Words. The function of language goes way beyond the scientific description of the world. Language acts, it does things. We promise, we name, we cajole, we threaten, we apologise, we bet. There is no real ‘truth’ as such conveyed in such ‘speech-acts’. Their importance lies, rather, in what is thereby done, the act initiated by the words themselves. Or, in the Austin-ian jargon, the ‘illocution’ within the ‘locution’.

But Austin realised something even more important as he investigated this form of language – these performative utterances. In fact, all words ‘act’ in some way. Even plain truth-describers assert something, such that an interlocuter can learn or discern for themselves. What matters is how ‘forceful’ the relevant act of speech is in each case. Sometimes the speech-act is very simple and limited. In other cases, such as threats, the performative aspect of the utterance is most forceful indeed.

Austin’s student John Searle took the idea of performative language to America, and developed it considerably. Most notable for our purposes, however, over against Austin’s idea, was the separation of speech from act. By analysing the conventions and circumstances which surround the performance of a speech act – a baptism service for instance – we can observe how and why the act occurs, and how and why such an act might go wrong. But the debate was then divorced from the context of speakers themselves performing such actions, an integrity of speaker and action. The philosophical problem we then hit, therefore, is that a spoken word and the associated act (‘locution’ and ‘illocution’) are two entirely separate ‘acts’.

Let’s move now from Oxford to the great Cathedral city of Durham. At the same time as Austin was teaching in Oxford, the Bishop of Durham Ian Ramsey – apparently unaware of Austin’s new theory of performatives – investigated religious language to try and get to grips with both how religious language does things, and what it says of its speakers and writers. Ramsey developed a two-fold typology for religious language – that of commitment and discernment. First, religious language implies two forms of commitment: there is the speaker/writer’s commitment of communicability, a desire to communicate, to be comprehensible, to ‘commune through language’; and the speaker/writer of religious language also entertains prior commitments for the language adopted – language is rarely neutral when it comes to religion. Second, religious language implies a form of discernment about the words that are being invoked and for what purpose. They are not universals, but carry special meanings according to the particular conventions involved. Commitment and discernment.

But this new innovation in the philosophy of religious language too was taken up and developed away from Ramsey’s idea – particularly in the much more famous work of John MacQuarrie, a Scottish philosophical theologian who spent much time teaching both in the States, and in Oxford. In MacQuarrie, writing at the height of the influence of thinkers such as Heidegger and Bultmann, Ramsey’s ‘commitment’ and ‘discernment’ got subsumed into existentialism and myth. The religious speech act became merely an event or an act for the self, a personal matter which might involve transformation, but might not.

These two strands, of the philosophy of language as it got taken up by Searle and his American counterparts, and of the philosophy of religious language as it got taken up by MacQuarrie, have for some time now predominated. And it is only recently that scholars on both sides have begun to perform a ressourcement, both on Austin, and on the nature of religious language in the wake of Bultmann.

The Twitter-sphere seems irrevocably to have divorced the bonds that tie speaker to their acts. In these fertile conditions, abuse flourishes.

We can now return to the cases of Wayne Barnes and Tom Foley, and many others in many different walks of life just like them. Undoubtedly, the emotional, existential, and physical distance secured by interacting online has created the conditions for online abuse to flourish. But at a deeper level, what we are witnessing is a profound loss of commitment and discernment in the use of language, in society as a whole and also in the Church. Real people feel free to use language oblivious to any inherent act contained within it. The Twitter-sphere seems irrevocably to have divorced the bonds that tie speaker to their acts. In these fertile conditions, abuse flourishes. Similarly, in the Church, the commitment and discernment which has lain behind millennia of liturgical and doctrinal language has become a private spiritual matter; or indeed has been neglected in public when religious witness has not been matched between word and deed.

How do we walk back from this cultural abyss? There is an ethical, and, potentially, a religious choice to make. The ethical choice is to think about what our language does to those who read (or hear) it, and to change the way we speak or write, accordingly. Ramsey's modes of ‘commitment’ and ‘discernment’. The religious dimension is to recognise that our words bind us to a system of belief, whether we like it or not. Saying one thing and doing another in a religious context implies a diminution in value of language for all concerned, not just the private life of the individual believer.

Actions speak louder with words.