The Classical Foundation
The Blindfold, the Scales, the Sword
Justice is first of all equality before the law and proportionality of punishments to crimes.
The traditional metaphor for equality before the law is the blindfold on Lady Justice. Not one law for black, another for white, not one for rich, another for poor, not one for women another for men. This could be called the universality principle.
The classic symbol of proportionality is the scales held by Lady Justice in her left hand. Guilt or innocence should be determined not by the whim of the judge but by the weight of the evidence. A minor crime should not be a capital offense. A capital crime should not get a slap on the wrist.
A third quality of justice is timeliness – symbolized by the sword in the right hand of Lady Justice. Justice delayed is justice denied. Justice must be swift and certain. Or it is justice in name only.
A fourth dimension of justice is restraint – captured in the statue by the fact that sword is pointed down. Justice is about coercion. Coercion is to be minimized. In the words of Cicero “More laws, less justice.”
Questions To Think About and Respond to in Writing Before Proceeding
Did your baseline response cover all these points? Do you disagree with the prioritization? Would you like to amend your draft to account for the factors mentioned? Or do you want to stick with your original formulation? Why?
Revise your baseline response before proceeding to Part Two. After which prepare a final draft and present it to family and friends and find out what they think.
Modern Variations on the Theme of Justice
The Starting Gate, the Ladder, the Safety Net,
the Hammock, the Pie, and the Leaky Bucket
Social Justice: the safety net: Extreme poverty is incompatible with justice. But how much stuff is enough? Who decides? How? Wants have a way of becoming needs. And as countless philosophers across all cultures have noted: the less you want, the more you have. How much should environmental considerations factor into calculations of sufficiency?
Social Justice: the starting gate and the ladder: Every child born should be able to reach her full potential for joy and productivity through diligence and the pursuit of excellence. Economic hardship must not shackle any child at the starting gate of life or weigh her down in her climb up the ladder.
Economic trade-offs: the hammock , the pie, the fish, the leaky bucket: The safety net must not be too comfortable. The risk of dependency is real. This truth is embodied in the saying that it is better to teach someone to fish than to give the person a fish and in the metaphor of the pie – better grow to grow the pie for the benefit of all than to split it up more equally. Or in the “leaky bucket” – money taken from the rich to the poor is always taken in a leaky bucket – not only does much of it go to third parties but it reduces the work incentives for both rich and poor.
What are the lessons of the history of Russia, China, Cuba, Venezuela in this regard?
Reciprocity – no rights without duties, no duties without rights. No one has the right to a comfortable life without the duty of working your hardest to make the most of your gifts in the service of others. Is it fair that x percent of the public pays no net taxes? Does anyone have a right to a child paid for by the labor of another?
Decisional authority: who decides how to balance the trade-offs?
Should one person/one vote be the over-riding principle? Is the risk of majority tyranny real? Should power be separated and checked?
Should the rule be a simple majority or a super majority at the legislative level? How much power should the judiciary have? Should judges be elected or appointed? Should it be unanimity at the judicial level?
Statistical disparities: are disparities in wealth, income, or representation a measure of injustice or of other factors? Who decides? How? Is it unfair that Jews have won such a disproportionate share of Nobel Prizes? Or that 90% of prisoners are male?