July 27, 2021

Horse 2870 - Signalling Virtue - 2 - Justice

Justice (δικαιοσύνη, dikaiosyne) is an odd thing to be thought of as a virtue because in our modern conception of what it is, it is thought of as a something which is dispensed by an authority. Justice personified carries a sword and a set of balances; which we are to take as weighing all of the relevant evidence and then using some kind of force to ensure that appropriate actions are then taken. That is usually a formal undertaking, in the legal system; enforced by judges and various officers of the law such as police and sheriffs.

Justice as far as the ancient Greeks were concerned is closer to what we might consider to be a sense of fairness. Justice which carries a set of balances and a sword can only properly be exercised once someone has transgressed the law or crossed its boundaries. Justice as far as the Greeks were concerned, also had to do with how one conducted one's self apart from the law. Indeed the Greek word 'dikaiosyne' also carried with it connotations of what Christianity might consider to be righteousness. Justice as a virtue does not depend on the law¹ but rather, as a virtue has to do with character.

If justice has more to do with one's conduct, then it also includes those things which we would expect a morally good person to practice as a thing in action. Such things as honesty, telling the truth, fair dealing, keeping obligations and keeping promises, to both other people and indeed one's self are all part of the exercise of justice as a virtue.

People as egoists who are the centre of their own lives and the star of their own show, are emphatically more likely to notice when an injustice has been perpetrated against them. For this very same reason, people are also emphatically less likely to notice when they are the perpetrator and they have offended someone else's claim for justice. Justice as a virtue does not depend upon whether or not it has been offended (because the law as referee and master can only adjudicate after the event) but rather, those practices such as honesty telling the truth, fair dealing, keeping obligations and keeping promises, should be part of one's moral formation apart from the law.

Of course whenever we talk about claims, we invariably also must talk about what people are entitled to; which includes entire realms of rights, both over real property and over intangible property. Justice therefore has to do with things like one's right to safety, one's right to not suffer harm, to receive fair consideration as part of contract obligations! as well as someone's inherent right to dignity and all of the entitlements which flow out of that. Justice as a virtue also has to do with the underlying fairness which underpins those obligations, commitments and considerations. It also has to do with how much someone gets as a result; whether it is too much, whether it is not enough, whether it is the right amount, and most importantly what exactly is fair.

Justice as a virtue in action, apart from having to do with fairness also has to do with that Roman concept of Fidus. Fidus is usually rendered in English as 'faith' but instead of some abstract concept, also has to do with the repeatable testing of a thing. Fidus is the belief that a thing will do what it is supposed to do (money for instance is a fiduciary instrument because we all collectively expect that it be good for payment) and fidus as applied to justice is the belief that those obligations, commitments and considerations will be honoured. One of the critical components of justice which says that a thing will happen fairly, is that people can reliably believe that the thing will happen fairly. Justice as a virtue gets out ahead of fidus and makes that a practice and a discipline; so that that fidus is repeatedly and reliably justified.

When one speaks of something being justified, it says that all of the components which make up the thing line up. The components of fairness, honesty, the keeping of commitments and obligations, how one treats others, how one affords and awards other people's dignity and entitlements, and how this is repeatedly and reliably demonstrated, all go together to prove the virtue of justice. 

In short, the practice of the virtue of justice should result in someone behaving fairly and decently in the world. Just like prudence, justice is a virtue which is to be practiced and is perfected and honed through that practice. 

Note:

¹Justice in relation to the operation and enforcement and judging of law and what the consequences of people's actions as a result of transgressing the law, is a civic virtue which should also be done honestly, fairly, and decently. It should also be done without fear or favour and be consistent with its metering out of consequences.

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