Article
Comment
Justice
5 min read

Mercy of any magnitude is scarce

Today’s cynicism, means justice really needs tempering.
In a court room a judge looks out across it as a lawyer standing addressing her turns his head to look.
Rhoda Griffis and Michael B. Jordan in Just Mercy.

My friend Jo was killed by a lorry driver while she was cycling to work. She was thirty-four. The driver wasn’t paying attention. A couple of distracted minutes had tragic consequences. One life was lost; many others would never be the same again. 

Months later, in court, the driver pled guilty to causing death by careless driving, and the judge warned him that he was facing time in prison. But between the verdict and the sentencing, Jo’s parents wrote to the judge asking him to show mercy. 

So he did. The driver didn’t go to jail. He was spared the punishment that our legal system says he deserved. He admitted his guilt, and he didn’t ask for leniency or mercy or forgiveness, but Jo’s parents showed it anyway. They even made a point of going over to him to tell him clearly that they forgave him for taking their daughter’s life. 

The court case was covered by national and local media, with one newspaper summing up what had happened with the headline: ‘Death driver shown mercy.’ 

It made national news because mercy of this magnitude is rare in society today. In fact, mercy of any magnitude is scarce. We live in an increasingly polarised world, where our desire for justice eclipses the beauty of mercy because we cannot see how both could exist at the same time. We want justice, and rightly so. We want people to pay for harm they have caused and we especially cannot abide it when the obviously guilty use their power, wealth or status to get them off the hook. 

Extending mercy seems to us to come at the expense of justice. If we forgive, somehow that seems to deny the damage caused. 

But cancel culture is rapidly turning our society into a place where anyone with a remotely public profile needs to live in fear of saying or doing anything wrong. We increasingly err on the side of cynicism when someone says they are sorry. We dismiss apologies, even when accompanied with tears and distress, as a stunt or ‘too little too late’ or more to do with being caught than with the original offence. We have become predisposed to assume the worst. 

We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution.

I wonder if we have strayed beyond the necessary and right fight for justice into an insatiable appetite for vengeance, which leads us to a place where there is no space for contrition. If guilt is irredeemable, punishment must be permanent and absolute.  

We argue that mercy is not deserved. And we are right. But it never is. If it were deserved, it wouldn’t be mercy. The very definition of mercy is that it is undeserved – to receive mercy is to receive kindness, compassion and forgiveness that you have no right to, no claim on, no reasonable grounds to expect. 

But a bigger problem with our desire for justice over mercy is that we are not consistent. I know that my default is to want justice when I am wronged, but mercy when I am in the wrong. Who among us has not made a mistake or hurt someone else but then defended our actions by claiming mitigating circumstances or good motives? We want to be forgiven. Even when we know we have done wrong, we do not want to be punished. 

I’m self-centred in my approach to mercy and justice. I am also way more lenient when those I love get things wrong than I am when someone hurts someone close to me. I assume that those dear to me had the best intentions, and those I don’t know or don’t like had the worst. My friends meant well; my enemies meant harm.  

The Bible presents God as both merciful and just. It repeatedly affirms his concern for victims of injustice and reminds anyone who claims to know him that, if they really do, pleading the cause of the vulnerable and marginalised will be an inevitable (even required) outworking of that. It says that getting justice for the oppressed is more important to God than religious rituals such as fasting from food. In fact, it calls caring for the afflicted and distressed “true religion”. 

But at the same time, Jesus told the religious people around him – the justice-warriors of his day who looked out for the slightest misdemeanour in others so they could call them out on it – that they needed to learn that God prefers mercy to sacrifice. Indeed, there is no example in the Bible of anyone pleading for mercy and God denying them. Even the most wicked and cruel abusers of power, if they humbled themselves and cried out to God for mercy, were shown it. 

And it is not just God who exercises both justice and mercy. He says that he wants ordinary human beings to act justly and love mercy. In Christianity, justice and mercy are not pitted against each other; they are woven together as time and time again we are invited to live a better way by valuing and practicing both. Jesus criticised the religious leaders of his day for following all sorts of detailed and pedantic rules while neglecting what he called “the weightier matters of justice, mercy and faithfulness” and ultimately he died on the cross in the most astonishing act of faithfulness to bring perfect justice and limitless mercy. 

But how do we mere mortals do both? We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution. Without repentance, there can be no reconciliation or restoration. A society that rules out redemption – that says no apology or atonement can ever be enough – will soon become a harsh and hopeless place. Biblical justice always leaves space for mercy. So must we. 

 

‘Natalie Williams' Tis Mercy All: The Power of Mercy in a Polarised World is published by SPCK. 

Review
Books
Care
Comment
Psychology
7 min read

We don’t have an over-diagnosis problem, we have a society problem

Suzanne O’Sullivan's question is timely
A visualised glass head shows a swirl of pink across the face.
Maxim Berg on Unsplash.

Rates of diagnoses for autism and ADHD are at an all-time high, whilst NHS funding remains in a perpetual state of squeeze. In this context, consultant neurologist Suzanne O’Sullivan, in her recent book The Age of Diagnosis, asks a timely question: can getting a diagnosis sometimes do more harm than good? Her concern is that many of these apparent “diagnoses” are not so much wrong as superfluous; in her view, they risk harming a person’s sense of wellbeing by encouraging self-imposed limitations or prompting them to pursue treatments that may not be justified. 

There are elements of O-Sullivan’s argument that I am not qualified to assess. For example, I cannot look at the research into preventative treatments for localised and non-metastatic cancers and tell you what proportion of those treatments is unnecessary. However, even from my lay-person’s perspective, it does seem that if the removal of a tumour brings peace of mind to a patient, however benign that tumour might be, then O’Sullivan may be oversimplifying the situation when she proposes that such surgery is an unnecessary medical intervention.  

But O’Sullivan devotes a large proportion of the book to the topics of autism and ADHD – and on this I am less of a lay person. She is one of many people who are proposing that these are being over diagnosed due to parental pressure and social contagion. Her particular concern is that a diagnosis might become a self-fulfilling prophecy, limiting one’s opportunities in life: “Some will take the diagnosis to mean that they can’t do certain things, so they won’t even try.” Notably, O’Sullivan persists with this argument even though the one autistic person whom she interviewed for the book actually told her the opposite: getting a diagnosis had helped her interviewee, Poppy, to re-frame a number of the difficulties that she was facing in life and realise they were not her fault.  

Poppy’s narrative is one with which we are very familiar at the Centre for Autism and Theology, where our team of neurodiverse researchers have conducted many, many interviews with people of all neurotypes across multiple research projects. Time and time again we hear the same thing: getting a diagnosis is what helps many neurodivergent people make sense of their lives and to ask for the help that they need. As theologian Grant Macaskill said in a recent podcast:  

“A label, potentially, is something that can help you to thrive rather than simply label the fact that you're not thriving in some way.” 

Perhaps it is helpful to remember how these diagnoses come about, because neurodivergence cannot be identified by any objective means such as by a blood test or CT scan. At present the only way to get a diagnosis is to have one’s lifestyle, behaviours and preferences analysed by clinicians during an intrusive and often patronising process of self-disclosure. 

Despite the invidious nature of this diagnostic process, more and more people are willing to subject themselves to it. Philosopher Robert Chapman looks to late-stage capitalism for the explanation. Having a diagnosis means that one can take on what is known as the “sick role” in our societal structures. When one is in the “sick role” in any kind of culture, society, or organisation, one is given social permission to take less personal responsibility for one’s own well-being. For example, if I have the flu at home, then caring family members might bring me hot drinks, chicken soup or whatever else I might need, so that I don’t have to get out of bed. This makes sense when I am sick, but if I expected my family to do things like that for me all the time, then I would be called lazy and demanding! When a person is in the “sick role” to whatever degree (it doesn’t always entail being consigned to one’s bed) then the expectations on that person change accordingly.  

Chapman points out that the dynamics of late-stage capitalism have pushed more and more people into the “sick role” because our lifestyles are bad for our health in ways that are mostly out of our own control. In his 2023 book, Empire of Normality, he observes,  

“In the scientific literature more generally, for instance, modern artificial lighting has been associated with depression and other health conditions; excessive exposure to screen time has been associated with chronic overstimulation, mental health conditions, and cognitive disablement; and noise annoyance has been associated with a twofold increase in depression and anxiety, especially relating to noise pollution from aircraft, traffic, and industrial work.” 

Most of this we cannot escape, and on top of it all we live life at a frenetic pace where workers are expected to function like machines, often subordinating the needs and demands of the body. Thus, more and more people begin to experience disablement, where they simply cannot keep working, and they start to reach for medical diagnoses to explain why they cannot keep pace in an environment that is constantly thwarting their efforts to stay fit and well. From this arises the phenomenon of “shadow diagnoses” – this is where “milder” versions of existing conditions, including autism and ADHD, start to be diagnosed more commonly, because more and more people are feeling that they are unsuited to the cognitive, sensory and emotional demands of daily working life.  

When I read in O’Sullivan’s book that a lot more people are asking for diagnoses, what I hear is that a lot more people are asking for help.

O’Sullivan rightly observes that some real problems arise from this phenomenon of “shadow diagnoses”. It does create a scenario, for example, where autistic people who experience significant disability (e.g., those who have no perception of danger and therefore require 24-hour supervision to keep them safe) are in the same “queue” for support as those from whom being autistic doesn’t preclude living independently. 

But this is not a diagnosis problem so much as a society problem – health and social care resources are never limitless, and a process of prioritisation must always take place. If I cut my hand on a piece of broken glass and need to go to A&E for stiches, I might find myself in the same “queue” as a 7-year-old child who has done exactly the same thing. Like anyone, I would expect the staff to treat the child first, knowing that the same injury is likely to be causing a younger person much more distress. Autistic individuals are just as capable of recognising that others within the autism community may have needs that should take priority over their own.   

What O’Sullivan overlooks is that there are some equally big positives to “shadow diagnoses” – especially as our society runs on such strongly capitalist lines. When a large proportion of the population starts to experience the same disablement, it becomes economically worthwhile for employers or other authorities to address the problem. To put it another way: If we get a rise in “shadow diagnoses” then we also get a rise in “shadow treatments” – accommodations made in the workplace/society that mean everybody can thrive. As Macaskill puts it:  

“Accommodations then are not about accommodating something intrinsically negative; they're about accommodating something intrinsically different so that it doesn't have to be negative.” 

This can be seen already in many primary schools: where once it was the exception (and highly stigmatised) for a child to wear noise cancelling headphones, they are now routinely made available to all students, regardless of neurotype. This means not only that stigma is reduced for the one or two students who may be highly dependent on headphones, but it also means that many more children can benefit from a break from the deleterious effects of constant noise. 

When I read in O’Sullivan’s book that a lot more people are asking for diagnoses, what I hear is that a lot more people are asking for help. I suspect the rise in people identifying as neurodivergent reflects a latent cry of “Stop the world, I want to get off!” This is not to say that those coming forward are not autistic or do not have ADHD (or other neurodivergence) but simply that if our societies were gentler and more cohesive, fewer people with these conditions would need to reach for the “sick role” in order to get by.  

Perhaps counter-intuitively, if we want the number of people asking for the “sick role” to decrease, we actually need to be diagnosing more people! In this way, we push our capitalist society towards adopting “shadow-treatments” – adopting certain accommodations in our schools and workplaces as part of the norm. When this happens, there are benefits not only for neurodivergent people, but for everybody.

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