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.

Voting is much more than a token gesture

The political practice can capture something heavenly.

Joel Pierce

Joel Pierce is the administrator of Christ's College, University of Aberdeen. He has recently published his first book.

A sign reading 'polling station' stands by the entrance to a church.

Red Dot on Unsplash.

What makes an act sacred? Who it excludes, or who it welcomes? I found myself pondering this looking at the thin metal discs in the box I’d pulled off the shelf. I’d seen their tagged under glass at Scotland’s National Museum. Now, in an archive housed in the old kitchen of our rural community’s school, I had my first chance to touch what was once called “the open sesame to the bliss of so great a mercy”, a Church of Scotland communion token. Now items for collectors, filling drawers in local history museums, they once were the necessary payment for participation in one of the rites at the heart of Christian worship. They were the coin that verified that its holder’s faith and morals had been examined by an elder of the kirk and been found satisfactory.

Holy Communion, or the Eucharist as it is called in other churches, has its origins in the Last Supper, a meal of bread and wine Jesus shared with his disciples on the night before his crucifixion. Christians may disagree on the exact meaning of the meal, but all hold that it is, in some way, sacred and central to the Christian life and the recognition and celebration of Christian community. Communion tokens were but one example of a strategy that Christians have employed time and again to ensure that the mystery and sacrality of the meal is properly recognised: stopping the wrong sorts of people from participating in it. Ironically, in this we have often been much more discerning, or perhaps discriminating, than Jesus himself. The companions he chose to initiate the practice were a quarrelsome lot. They were mostly provincial fishermen more concerned with establishing their place in the new kingdom they imagined Jesus would establish after overthrowing the Romans than in participating in the meal with due reverence and seriousness.

All who came were for that day, in that room, in that act, equal. All who came were welcome. No one was turned away.

A year later, I found myself sitting behind a table in the rear of our community’s nursery. It was election day for the Scottish Parliament, and I had added polling clerk to the miscellany of part-time jobs I had taken after finishing my studies. We had all arrived early to ensure that we had time to wrestle enough string and cable ties together to secure the polling station sign around the ancient tree that marked the entrance of the nursery’s car park before polls opened at 7am. It was the first, and only time I have worked a sixteen-hour day, and my exhaustion at the end of it probably contributes to much of it being a bit of blur. What I do remember is the flow of people: mums in smart blouse and skirt combinations with kids in tow, fitting us in first thing before a stop by the childminder’s on the way to the office; tradespeople and farmers catching us between jobs, their trousers still spattered with paint or mud; scions of the local aristocracy; proud parents bringing teenagers to vote for the first time once the school day ended; a couple with a young baby, asleep for now, arriving just before closing, “We’re not too late are we?”.

My fellow poll workers, two old hands, knew most of our customers by sight. I knew a few, mainly other parents I had met during school and nursery drop-offs, but it didn’t matter as the rite was the same for all. They would approach the table, give us their name and address, and once a line was drawn through them on our roll, they were given the elements, two ballots, one to vote for their constituency Member of the Scottish Parliament, and another to vote for their preferred party. All who came were for that day, in that room, in that act, equal. All who came were welcome. No one was turned away. All that was needed was their word that they were who they said they were. Once the ballots were completed, we made sure they put each in the correct ballot and then they were out the door, on to the rest of their day.

Perhaps it is also true that sometimes, as much by accident as intention, we happen upon a form or practice in our shared political life which captures something of heaven.

As someone who did my first voting in the United States, I was a little stunned the first time I cast a ballot in the UK. Instead of having to use a black ink pen to assiduously fill in ovals on a ballot that felt like an extended multiple-choice test, all I needed to do was make a single penciled ‘X’ on a half sheet of coloured paper and make sure it wound up in the secure box. Was that it?

As I’ve reflected on that experience and had a few more goes of voting here, I have come to appreciate the elegance of the British approach. Instead of making the voter feel like an overwhelmed bureaucrat having to make a couple dozen underinformed choices on matters as diverse as national representatives, state laws, school boards, and local ordinances, the simplicity of the UK ballot means that what is centred is the social meaning of the act itself. We may be differentiated on all other days by class, culture, income, region, or football club allegiance, but in this act we come as close in our political practices as we ever do to touching something which Christians know, something which Christians sometimes see as they share Communion, that all these distinctions are ultimately passing, that beyond them each one of us is imbued with a dignity which the greatest worldly failure cannot take away from us and to which the greatest worldly success cannot add.

There is a school of thought in political theory which says that all our most important political concepts are actually secularised theological ones. They say, for example, that our exalted ideas of state sovereignty find their origins in our forebears’ understanding of God’s. Theologians draw various lessons from this approach, some worrying that what it really reveals is that we have made an idol of the state. They may be right, but perhaps it is also true that sometimes, as much by accident as intention, we happen upon a form or practice in our shared political life which captures something of heaven. It is not wrong, I think, to accord such secular practices a certain level of sanctity. It is not wrong to call the principle of ‘one person, one vote’ in some sense sacred.

No longer are we allowed to trust that people are who they say they are. They are assumed to be imposters until they produce a piece of paper which says otherwise.

But once that sacredness has been granted, we face a very similar problem to the one faced by those early Scottish reformers regarding Communion. How do we ensure this sacredness is protected, that it does not become debased? A traditional answer has mirrored the reformers’ approach to communion: erecting hurdles to ensure that only the truly worthy are allowed to participate. The unmaking of this approach has been the slow work of centuries as the franchise was eventually extended down the social and property ladder to all male citizens and, then, belatedly, to all women as well. What I experienced at the polling station that day was a miracle secured by many years’ of struggle, reform, compromise, and collective recognition that what has made this act sacred is not its exclusion, but its welcome. In this it has mirrored the welcome of most contemporary Communion services in the Church of Scotland where participants are, to be sure, asked to approach the act soberly, having examined themselves and made confession to God, but where the default is to trust that people have done so. No longer are people considered unworthy until proven otherwise by their possession by a metal disc.

When I first heard of the possibility of the introduction of Voter IDs at polling places, my mind immediately flew to how such laws were aimed in the United States. Like here, there is little to no actual evidence of voter fraud there, but in a country where the archaic system of the Electoral College means a few thousands votes in the right state can decide a presidential election, there is a real threat that such laws will sway election results. Here the influence of such laws is less clear. While they do seem to have a small effect of driving down participation, at last year’s local elections four pre cent of eligible non-voters cited the ID requirement as the reason they did not vote, recent election results have not been dramatically out of step with opinion polling.

What I do worry about losing with these laws is a little bit of the elegance and dignity which has previously imbued the UK system. No longer are we allowed to trust that people are who they say they are. They are assumed to be imposters until they produce a piece of paper which says otherwise. It is a small change, but one which nudges the rite closer to being just one more bureaucratic transaction, a bit more like picking up a package or going to the bank, than one of our most important public rites. It is a precaution that seeks to preserve the sacredness of the act, but is chipping away at what it is that makes it sacred.
If I wind up working in a polling station on July 4th, I will dutifully check every voters’ ID prior to handing them a ballot. I will send friends and neighbours home to get theirs if they’ve forgotten it. I will be careful to bring my own. I am sure if I had lived in former times in Scotland, I also would have been careful to remember to take my communion token to church. Those are the rules of admittance and the rite is too important to skip. However, I will mourn a little for what has been lost and hope for more places where we recognize the possibility of the sacred dwelling in our practices of welcome, recognition, and trust rather than exclusion.