Explainer

Creed

Virtues

3 March 2023

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 Davison

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

AI - Artificial Intelligence

Belief

Digital

28 August 2024

8 min read

When tech holds us captive, here’s how to find liberation

The last of a three-part series exploring the implications of technology.

James Lawrence

James is Canon Missioner at Blackburn Cathedral. He researches technology and theology at Oxford University.

A person wearing a heavy backpack of tech, connected by tangled cables to other technology behind him, walks towards a simpler space.

In my previous article, I outlined Heidegger’s suspicions about the technological age in which we live. We noticed that Heidegger saw a ‘way of being’ which lay underneath all the tech that fills our lives and that as members of a technological society, we have been shaped, or you could say ‘discipled’, to live in a certain way. This ‘way of being’, the essence of technology, is to see everything in the world primarily as a collection of tools and resources to be extracted as and when they are needed.

In contrast with the technology optimists that we looked at in the first article, Heidegger wants us to see that modern technology is not made up of neutral tools to be used for good or bad, nor is it simply a natural extension of human activity that we have been doing since the stone age. Modern technology has shaped a technological society and the members of that society, so that we position everything in the natural world (including ourselves and our neighbours) into resources to be mined.

So, if that is Heidegger’s diagnosis of modern technology – which he dubbed Gestell, what can we do about it? What is Heidegger’s solution to the problem that he identified? Is there a way to live free of the Gestell of modern technology? However, before we get to that question we first have to ask if it’s actually possible to do anything. Because, if Heidegger’s view of modern technology is correct and our thinking and being in the world have been so shaped by the essence of technology, we might be stuck within a way of thinking that has shaped us with no way to change.

A method or technique is simply a technology of self-transformation and therefore keeps us entrapped within the technological essence.

There are two reasons why we might not be able to fix the problem of technology that Heidegger has revealed to us.

Firstly, the problem of being trapped within a system that has formed our thinking: How could we think our way out of this technological age if we have already been shaped by that age’s way of being in the world? If the technological system is as totalising and has so powerfully shaped the minds of people within the society in the way that Heidegger suggests it would seem almost impossible to think beyond or around the system and therefore break out of it.

Secondly, there is the problem of using technological thinking to solve the problem of technological thinking. This second point is a natural extension of the first: within a technological society it will feel most natural to devise a series of techniques or methods that could be used to set people free from the technological age but, because they are techniques, they would do nothing more than reinforce the problems of technological thinking. Or to put it another way, we need a new way of thinking and being in the world that does not lead to just another method. A method or technique is simply a technology of self-transformation and therefore keeps us entrapped within the technological essence. Self-help books are the most obvious example of this. As Brian Brock says, “What must at all costs be avoided is trying to meet the problems raised by technological thinking using yet another technological or formalist decision-making method. The problem of technology lies in its addiction to methods of thinking and perceiving.”

Heidegger’s solution to the problem of Gestell is to invite members of a technological society to live open-handedly rather than grasping at the natural world.

Heidegger’s proposed solution to Gestell lies in another German word: Gelassenheit. If Gestell was about ‘positionality’, or ‘enframing’ then Gelassenheit refers to ‘releasement’, ‘tranquility’ or ‘letting things be for themselves’.

Heidegger develops the term Gelassenheit by inviting his readers to reject the desire that they find within themselves to force the natural world to conform to their needs. Secondly, and similarly, to invite the world around to present itself to the person rather than for the person. Heidegger’s solution to the problem of Gestell is to invite members of a technological society to live open-handedly rather than grasping at the natural world. The solution he offers is at the level of desire rather than activity. This is Heidegger’s only option given the diagnosis, if he were to offer a step-by-step solution to the problem of Gestell or a set of activities he would only be enframing the problem of enframing: one cannot use techniques to solve the problems of a technological age.

As Christopher Merwin says, “Heidegger’s account of releasement is neither a wholly active not, a wholly passive disposition… Heidegger is not a Neo-Luddite, and he does not think we can or should entirely abandon technology. Gelassenheit is not meant to overcome technology, but to place in check the tendency of technology to render everything into an object for use and production… Gelassenheit releases us from the danger of technology and opens us to alternative ways of relating to reality.”

Social media turns the human beings who use it into the content that it sells, we have become the resource that the machine is mining.

As a Christian and a priest in the Church of England, there is a lot about Heidegger’s analysis of our technological age that I find very compelling. I instinctively resonate with his existential description of the essence of modern technology as Gestell. When I observe my own habits, and when I listen to the stories of my parishioners, I see example after example of the technology in our lives training our sensibilities to treat the natural world as nothing more than a resource to be plundered for our needs and pleasures.

I think Heidegger’s concept of Gestell gives a real insight into why we are so far failing to curb our use of fossil fuels despite the near universal consensus that it would be a good and right thing to do. As a society, we have become conditioned to see nature as nothing more than a source of fuel to be harnessed. Our societal addiction to hydrocarbons begins with the assumption that oil is there for our use. It is only the Gestell mindset of a technological age which would make that assumption: oil isn’t there to be for itself but is instead positioned within the inventory as a useful and therefore valuable commodity to be harvested and deployed.

Beyond the natural resources of the creation within which we live, I see Heidegger’s analysis of Gestell at work in the attitudes of people to one another. It is becoming increasingly hard not to treat other human beings as nothing more than resources to be used or discarded depending on whether they fulfil their purpose or not. The ‘intention’ of the social media algorithm (obviously, this is an anthropomorphism: algorithms don’t have intentions) is to turn each of its users into content creators. We are encouraged to post, like, and share and we often fail to notice that the content we are ‘creating’ is ourselves. Social media turns the human beings who use it into the content that it sells, we have become the resource that the machine is mining. And while social media provides a stark example of human beings becoming little more than resources to be harvested, the effects of this technological mindset are not restricted to the virtual environment. When I fail to notice to person across the counter from me in the coffee shop, or the Uber driver, or the sales assistant, I am slipping into the Gestell mindset which characterises the problem of technology.

While I think Heidegger articulates the problem of technology more clearly and insightfully than almost anyone else in the modern era, I think his solution would benefit from deeper reflection on the Christian tradition.

Here we find a person through whom our minds can be transformed, who can set us free from the patterns of thinking of this world, who can reshape our desires.

Firstly, within the Christian tradition, there has long been the recognition of competing forces of discipleship. In the Christian worldview there is no neutral space of existence, our attitudes and desires are always being trained by one thing or another. In his letter to the church in Rome, Paul puts it like this: “Do not be conformed to this world, but be transformed by the renewing of your minds, so that you may discern what is the good and acceptable and perfect will of God.” Paul tells us that ‘the world’, or in our case ‘the essence of modern technology’, is constantly pulling our thinking into conformity with it. But Paul goes on to point us to something that Heidegger cannot, the voice from outside the system. In the face of a totalising and all-compassing technological society which en-fames everything as a resource waiting to be used, Heidegger’s encouragement is Gelassenheit, to, by force of will, release yourself and the world from the drive to Gestell. Heidegger has no other hope than the willpower of the individual to liberate themselves from the system because he has no other site of hope, nothing outside the system. Paul on the other hand points us to God. A source of transformation and life that is not conformed to the world and is not dependent on the world for existence but nevertheless, by an act of grace, has chosen to reveal himself within the world for the sake of the world. Here we find a person through whom our minds can be transformed, who can set us free from the patterns of thinking of this world, who can reshape our desires. This is the gift of prayer, a space to be and to allow God and the world to be. For many Christians, the experience of prayer is that through sheer inactivity and silence, they are (slowly, sometimes imperceptibly) transformed.

However, Heidegger alerted us to a significant difficulty in finding our way out of the technological mindset. Am I suggesting that we turn God into a method for transforming our minds so that we might escape the pitfalls of modern technological thinking? I hope not. While it is certainly possible to attempt to turn prayer into a technique for getting God to give you what you want, that is not what I’m suggesting here. I’m aiming instead of the sort of prayer that Mother Teresa famously described when she was once asked in an interview, "What do you say when you pray?" She replied, "Nothing, I just listen." The reporter then asked, "Well then, what does God say to you?" To which she answered: "Nothing much, He listens too."