Explainer
Creed
Virtues
6 min read

Justice: a premium virtue

In the third of his series on virtue, Andrew Davison weighs what justice says today, particularly on impartiality.

Andrew works at the intersection of theology, science and philosophy. He is Canon and Regius Professor of Divinity at Christ Church, Oxford.

A statue of Justice holds a sword aloft in one hand, and set of scales in the other.
The statue of Justice on London's Old Bailey court.
Sang Hyun Cho, CC BY-SA 4.0, via Wikimedia Commons.

Next after prudence comes justice. Our guide in this series on the virtues is Thomas Aquinas and, for him, virtue is about justice. Indeed, it is in justice (quoting Cicero) that

 ‘the lustre of virtue appears above all.’

Placing such a premium on justice might seem a little deflationary. Yes, we might think, by all means be just, but is that enough? Later in this series, we will see that Aquinas does, indeed, think that all human virtues – including justice – need to be set aflame with faith, hope, and love. But that doesn’t stop him from also thinking about the virtues from a human point of view, at least as a first pass. And within that frame – one in which he might also talk to a non-believer, for instance – he insists that to be virtuous is to be just. Indeed, we could make that comment even more deflationary, and say that the gold standard of justice is simply to be fair. Justice, again drawing on Cicero, is simply to give to each person what is due.

‘However true it might be that our communal life cannot attain its fullest realization through just exchange alone',

wrote the German writer Josef Pieper,

‘it is no less true that it is in the exemplary form of just this sort of justice that the irreducible core of social relations finds expression’.

We can wish for something that outstrips justice. Nonetheless, there is a steely realism in Thomas’s insistence that the foundation for virtue is acting justly, even simply being fair. Fortunate is the country at the moment where day-by-day newspaper coverage need not draw attention to people in positions of public trust failing to live even by that standard.

I once attended a lecture course as an visitor in Rome on ‘Justice and Allied Virtues in Thomas Aquinas’ that lasted for an entire semester, so there’s a lot that can be said on this front. I will limit myself to three angles: impartiality, dues, and the role of a useful minimum.

On impartiality

On the first, Aquinas offers an extended discussion of justice in terms of being no ‘respecter of persons’: which is to say, in terms of showing impartiality. His example strikes home for anyone, such as myself, who works in a university:

if you promote someone to a professorship on account of his having sufficient knowledge, you consider the due cause, not the person; but if, in conferring something on someone, you consider in him not the fact that what you give him is proportionate or due to him, but the fact that he is this particular person (e.g. Peter or Martin), then there is ‘respect of the person’, since you give him something not for some cause that renders him worthy of it, but simply because he is this person… for instance if a man promote someone… because he is rich or because he is a relative of his.

As I write this, the newspapers are full of a story about an ex-Prime Minister promoting someone to a position of public honour and trust in a torturous story that involves both wealth and a relative.

On dues

Justice is the lodestone of virtue, according to Aquinas. Above all things, ‘do justice’. Justice is not quite the foundation, however. Justice looks beyond itself to ‘right’, or ‘what is due’. Justice is secondary, because it recognises and responds to ‘right’ or ‘due’ (today, we might say to ‘rights’ or ‘dues’); it does not create them. Those comments would mean a great deal to a group of Spaniards in the sixteenth century, all followers of Aquinas, who rose above the rapacious expansion of the West, and fought for the rights of indigenous people. They left the foundations of international law as part of that  legacy. Among them were Bartolomé de las Casas (1484–1566) and Francisco de Vitoria (c. 1483–1546), both Dominican friars. They offer, to my mind, perhaps the most glorious moment in the whole history of the river of writing and thinking that has sprung from the life and works of Aquinas.

Opposing, at various time, pretty much the entire establishment of the Spanish Empire, they argued that the indigenous people of the ‘New World’ had inviolable rights, such that justice required Europeans to recognise their right to their lands, and to self-government. This rested on the idea that justice deals with what is due, or right. We do not make this up; we are confronted by it. It is attached to, it springs from, human nature simply as such. And, ultimately, it springs from the fact that to be faced by a human being is to be faced with a creature, which is to say, by the handiwork of God.

When he was still in his twenties, and earning his spurs as a teacher, Aquinas had tackled this subject: 

something is said to be just not only because it is willed by God, but because it is due to a certain created thing according to the order of creature to creature. For nothing can be due to anything except by reason of its own nature or condition. However, the cause of a thing’s nature and properties is the divine will; and therefore the whole order of justice can be traced back to the divine will as to its origin.

Justice is secondary to right, is responsive to right, and justice is the backstop of the virtues precisely for that reason. If it set its own terms, if it ruled its own roost, it might determine, for instance, that dispossession is just. Who would be to say otherwise? But justice does not set its own terms; it bows before what is right or due. That is why, in the estimation of those Spanish Thomists, it inclines its head in reverence before the dignity and rights of native South Americans, rather than to the Spanish Crown: or at least, it should.

The useful minimum

Approached another way, we might say that justice is a sort of minimum, but also that minima are important because they mark out the limits of human relationships. The twentieth century Dominican Herbert McCabe wrote compellingly about this. The Ten Commandments are all about justice, and while they don’t lay out the beating heart of a good and cohesive social life, they do mark its limits. McCabe (again following Aquinas) thought that the best emphasis in thinking about ethics ought to be on friendship, since that is characteristic of human life at its fullest. It’s clearly not enough, for friendship, simply not to steal, bear false witness, or commit adultery. Nonetheless, those precepts are of enduring worth, because we can be sure that to transgress those bounds is to bring friendship to an end. It’s because of that emphasis on friendship, and guarding against whatever endangers it, that ‘bearing false witness’ was such a major concern for Aquinas. In his long treatment of justice, the subject of theft or murder each receives only a single section. On the other hand, misrepresentation of others – sins of the tongue (and, today, of the keyboard) – receive four (on ‘reviling’, ‘backbiting’, ‘tale-bearing’, and ‘derision’). As the Book of Proverbs has it, which Aquinas quotes at this point, ‘A good name is to be chosen rather than great riches’. The weakness of so much writing on ethics in the past century has been a tendency to make it about difficult problems that are so rare that it’s usually other people who face them. The niggling, awkward glory of the virtue tradition is that it lands squarely in the middle of life, for instance in being just – simply fair – in what we next type on Twitter.

 

Article
Belief
Creed
Identity
Truth and Trust
5 min read

Calls to revive the Enlightenment ignore its own illusions

Returning to the Age of Reason won’t save us from post-Truth

Alister McGrath retired as Andreas Idreos Professor of Science and Religion at Oxford University in 2022.

In the style of a Raeburn portrait, a set of young people lounge around on their phones looking diffident
Enlightened disagreement (with apologies to Henry Raeburn).
Nick Jones/Midjourney.ai.

Is truth dead? Are we living in a post-truth era where forcefully asserted opinions overshadow evidence-based public truths that once commanded widespread respect and agreement? Many people are deeply concerned about the rise of irrational beliefs, particularly those connected to identity politics, which have gained considerable influence in recent years. It seems we now inhabit a culture where emotional truths take precedence, while factual truths are relegated to a secondary status. Challenging someone’s beliefs is often portrayed as abusive, or even as a hate crime. Is it any surprise that irrationality and fantasy thrive when open debate and discussion are so easily shut down? So, what has gone wrong—and what can we do to address it? 

We live in an era marked by cultural confusion and uncertainty, where a multitude of worldviews, opinions, and prejudices vie for our attention and loyalty. Many people feel overwhelmed and unsettled by this turmoil, often seeking comfort in earlier modes of thinking—such as the clear-cut universal certainties of the eighteenth-century “Age of Reason.” In a recent op-ed in The Times, James Marriott advocates for a return to this kind of rational thought. I share his frustration with the chaos in our culture and the widespread hesitation to challenge powerful irrationalities and absurdities out of fear of being canceled or marginalized. However, I am not convinced that his proposed solution is the right one. We cannot simply revert to the eighteenth century. Allow me to explain my concerns. 

What were once considered simple, universal certainties are now viewed by scholars as contested, ethnocentric opinions. These ideas gained prominence not because of their intellectual merit, but due to the economic, political, and cultural power of dominant cultures. “Rationality” does not refer to a single, universal, and correct way of thinking that exists independently of our cultural and historical context. Instead, global culture has always been a bricolage of multiple rationalities. 

The great voyages of navigation of the early seventeenth century made it clear that African and Asian understandings of morality and rationality differed greatly from those in England. These accounts should have challenged the emerging English philosophical belief in a universal human rationality. However, rather than recognizing a diverse spectrum of human rationalities—each shaped by its own unique cultural evolution—Western observers dismissed these perspectives as “primitive” or “savage” modes of reasoning that needed to be replaced by modern Western thought. This led to forms of intellectual colonialism, founded on the questionable assumption that imposing English rational philosophies was a civilizing mission intended to improve the world. 

Although Western intellectual colonialism was often driven by benign intentions, its consequences were destructive. The increasing influence of Charles Darwin’s theory of biological and cultural evolution in the late nineteenth century led Darwin’s colleague, Alfred Russel Wallace, to conclude that intellectually and morally superior Westerners would “displace the lower and more degraded races,” such as “the Tasmanian, Australian and New Zealander”—a process he believed would ultimately benefit humanity as a whole. 

We can now acknowledge the darker aspects of the British “Age of Reason”: it presumed to possess a definitive set of universal rational principles, which it then imposed on so-called “primitive” societies, such as its colonies in the south Pacific. This reflected an ethnocentric illusion that treated distinctly Western beliefs as if they were universal truths. 

A second challenge to the idea of returning to the rational simplicities of the “Age of Reason” is that its thinkers struggled to agree on what it meant to be “rational.” This insight is often attributed to the philosopher Alasdair MacIntyre, who argued that the Enlightenment’s legacy was the establishment of an ideal of rational justification that ultimately proved unattainable. As a result, philosophy relies on commitments whose truth cannot be definitively proven and must instead be defended on the basis of assumptions that carry weight for some, but not for all. 

We have clearly moved beyond the so-called rational certainties of the “Age of Reason,” entering a landscape characterized by multiple rationalities, each reasonable in its own unique way. This shift has led to a significant reevaluation of the rationality of belief in God. Recently, Australian atheist philosopher Graham Oppy has argued that atheism, agnosticism, and theism should all be regarded as “rationally permissible” based on the evidence and the rational arguments supporting each position. Although Oppy personally favours atheism, he does not expect all “sufficiently thoughtful, intelligent, and well-informed people” to share his view. He acknowledges that the evidence available is insufficient to compel a definitive conclusion on these issues. All three can claim to be reasonable beliefs. 

The British philosopher Bertrand Russell contended that we must learn to accept a certain level of uncertainty regarding the beliefs that really matter to us, such as the meaning of life. Russell’s perspective on philosophy provides a valuable counterbalance to the excesses of Enlightenment rationalism: “To teach how to live without certainty, and yet without being paralyzed by hesitation, is perhaps the chief thing that philosophy, in our age, can still do for those who study it.” 

Certainly, we must test everything and hold fast to what is good, as St Paul advised. It seems to me that it is essential to restore the role of evidence-based critical reasoning in Western culture. However, simply returning to the Enlightenment is not a practical solution. A more effective approach might be to gently challenge the notion, widespread in some parts of our society, that disagreement equates to hatred. We clearly need to develop ways of modelling a respectful and constructive disagreement, in which ideas can be debated and examined without diminishing the value and integrity of those who hold them. This is no easy task—yet we need to find a way of doing this if we are to avoid fragmentation into cultural tribes, and lose any sense of a “public good.” 

Support Seen & Unseen

Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?

Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief