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.

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AI - Artificial Intelligence

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21 June 2024

4 min read

It's our mistakes that make us human

What we learn distinguishes us from tech.

Silvianne Aspray

Silvianne Aspray is a theologian and postdoctoral fellow at the University of Cambridge.

A man staring at a laptop grimmaces and holds his hands to his head.

Francisco De Legarreta C. on Unsplash.

The distinction between technology and human beings has become blurry: AI seems to be able to listen, answer our questions, even respond to our feelings. It becomes increasingly easy to confuse machines with humans. In this situation, it is increasingly important to ask: What makes us human, in distinction from machines? There are many answers to this question, but for now I would like to focus on just one aspect of what I think is distinctively human: As human beings, we live and learn in time.

To be human means to be intrinsically temporal. We live in time and are oriented towards a future good. We are learning animals, and our learning is bound up with the taking of time. When we learn to know or to do something, we necessarily make mistakes, and we take practice. But keeping in view something we desire – a future good – we keep going.

Let’s take the example of language. We acquire language in community over time. Toddlers make all sorts of hilarious mistakes when they first try to talk, and it takes them a long time even to get single words right, let alone to try and form sentences. But they keep trying, and they eventually learn. The same goes with love: Knowing how to love our family or our neighbours near and far is not something we are good at instantly. It is not the sort of learning where you absorb a piece of information and then you ‘get’ it. No, we learn it over time, we imitate others, we practice and even when we have learned, in the abstract, what it is to be loving, we keep getting it wrong.

This, too, is part of what it means to be human: to make mistakes. Not the sort of mistakes machines make, when they classify some information wrongly, for instance, but the very human mistake of falling short of your own ideal. Of striving towards something you desire – happiness, in the broadest of terms – and yet falling short, in your actions, of that very goal. But there’s another very human thing right here: Human beings can also change. They – we – can have a change of heart, be transformed, and at some point in time, actually start to do the right thing – even against all the odds. Statistics of past behaviours, do not always correctly predict future outcomes. Part of being human means that we can be transformed.

Transformation sometimes comes suddenly, when an overwhelming, awe-inspiring experience changes somebody’s life as by a bolt of lightning. Much more commonly, though, such transformation takes time. Through taking up small practices, we can form new habits, gradually acquire virtue, and do the right thing more often than not. This is so human: We are anything but perfect. As Christians would say: We have a tendency to entangle ourselves in the mess of sin and guilt. But we also bear the image of the Holy One who made us, and by the grace and favour of that One, we are not forever stuck in the mess. We are redeemed: are given the strength to keep trying, despite the mistakes we make, and given the grace to acquire virtue and become better people over time. All of this to say that being human means to live in time, and to learn in time.

So, this is a real difference between human beings and machines: Human beings can, and do strive toward a future good.

Now compare this to the most complex of machines. We say that AI is able to “learn”. But what does it mean to learn, for AI? Machine learning is usually categorized into supervised learning, unsupervised and self-supervised learning. Supervised learning means that a model is trained for a specific task based on correctly labelled data. For instance, if a model is to predict whether a mammogram image contains a cancerous tumour, it is given many example images which are correctly classed as ‘contains cancer’ or ‘does not contain cancer’. That way, it is “taught” to recognise cancer in unlabelled mammograms. Unsupervised learning is different. Here, the system looks for patterns in the dataset it is given. It clusters and groups data without relying on predefined labels. Self-supervised learning uses both methods: Here, the system uses parts of the data itself as a kind of label – such as, for instance, predicting the upper half of an image from its lower half, or the next word in a given text. This is the predominant paradigm for how contemporary large-scale AI models “learn”.

In each case, AI’s learning is necessarily based on data sets. Learning happens with reference to pre-given data, and in that sense with reference to the past. It may look like such models can consider the future, and have future goals, but only insofar as they have picked up patterns in past data, which they use to predict future patterns – as if the future was nothing but a repetition of the past.

So this is a real difference between human beings and machines: Human beings can, and do strive toward a future good. Machines, by contrast, are always oriented towards the past of the data that was fed to them. Human beings are intrinsically temporal beings, whereas machines are defined by temporality only in a very limited sense: it takes time to upload data, and for the data to be processed, for instance. Time, for machines, is nothing but an extension of the past, whereas for human beings, it is an invitation to and the possibility for being transformed for the sake of a future good. We, human beings, are intrinsically temporal, living in time towards a future good – which machines do not.

In the face of new technologies we need a sharpened sense for the strange and awe-inspiring species that is the human race, and cultivate a new sense of wonder about humanity itself.