virtue of justice

Christian Ethics 2

VIRTUE OF

JUSTICE

•MAN, BY HIS VERY NATURE, IS A SOCIAL BEING. •IN LIVING OUT HIS LIFE HE TENDS TO BE IN CONTACT WITH AND DEPENDENT ON OTHER FELLOW HUMANS. • THIS CONTACT AND DEPENDENCE WILL INVOLVE MANY RELATIONSHIPS WITH OTHERS WHICH NECESSITATE THE RECOGNITION OF RIGHTS AND OBLIGATIONS THAT MUST BE PROTECTED AND REGULATED, • IF MAN IS TO LIVE IN PEACE AND HARMONY WITH HIS FELLOW MEN.

VITRTUE OF JUSTICE

•THE VIRTUE THAT CONTROLS AND REGULATES

MAN’S DEALING WITH OTHERS IN THIS REGARD

IS THE VIRTUE OF JUSTICE.

•THERE ARE THREE KINDS OF RELATIONSHIP

WHICH REGULATES BY THIS VIRTUE:

• INDIVIDUAL TO SOCIETY (LEGAL)

• INDIVIDUAL TO INDIVIDUAL (COMMUTATIVE)

• SOCIETY TO INDIVIDUAL (DISTRIBUTIVE)

VITRTUE OF JUSTICE

SOCIALJUSTICE

SOCIETY

INDIVIDUALS INDIVIDUALS

DISTRIBUTIVE JUSTICE

LEGAL/CONTRIBUTIVE JUSTICE

COMMUTATIVE JUSTICE

•THE WORD COMES FROM THE LATIN JUS,

• MEANING RIGHT OR LAW.

•THE OXFORD ENGLISH DICTIONARY DEFINES

THE “JUST” PERSON AS

• ONE WHO TYPICALLY “DOES WHAT IS

MORALLY RIGHT” AND IS DISPOSED TO

“GIVING EVERYONE HIS OR HER DUE”

• OFFERING THE WORD “FAIR” AS A SYNONYM.

WHAT IS JUSTICE?

•ST. THOMAS AQUINAS ADOPTS THE DEFINITION

OF ARISTOTLE WHICH DEFINES JUSTICE

• “AS A HABIT WHEREBY A MAN RENDERS TO

EACH ONE HIS DUE BY A CONSTANT AND

PERPETUAL WILL.”

• IN OTHER WORD

• IT IS THE CONSTANT AND PERPETUAL WILL

TO RENDER TO EVERYONE HIS DUE.

WHAT IS JUSTICE?

•FOR THIS REASON •THE HABITUAL PRACTICE OF JUSTICE - THE CONSTANT RENDERING TO OTHERS THEIR DUE - IS AN EXCELLENT TRAINING OF THE WILL, •FOR IT BRINGS THE WILL UNDER THE GUIDANCE OF REASON ENLIGHTENED BY FAITH INSTEAD OF OUR SELF-SEEKING INCLINATIONS.

•THE ONE WHO IS DOMINATED BY EGOISM AND SELF-WILL WILL OFTEN FAIL TO RENDER TO OTHERS THEIR DUE.

WHAT IS JUSTICE?

•BEING A VIRTUE OF THE WILL, IN THIS JUSTICE

DIFFERS FROM THE OTHER MORAL VIRTUES,

• PRUDENCE IS A VIRTUE OF THE INTELLECT,

• FORTITUDE AND TEMPERANCE REGULATE THE

SENSE APPETITES AND PASSIONS.

WHAT IS JUSTICE?

•AND WHILE THE THEOLOGICAL VIRTUE OF

CHARITY ALSO PERFECTS THE WILL AND

REGULATES OUR DEALING WITH OTHERS, IT

DIFFERS FROM JUSTICE IN THAT

• IT BIDS US TO REGARD OTHERS AS

BROTHERS AND SISTERS IN CHRIST, AND

INCLINES US TO RENDER THEM SERVICES

THAT ARE NOT REQUIRED BY STRICT JUSTICE.

WHAT IS JUSTICE?

•THE OBLIGATIONS IMPOSED BY JUSTICE ARE

ALWAYS

• DIRECTED TO SOMEBODY ELSE, NOT TOWARD

• IN THIS IT DIFFERS FROM THE MORAL VIRTUES OF

FORTITUDE AND TEMPERANCE

• WHICH HAVE TO DO WITH THE CONTROL OF

OUR INNER LIFE, OUR EMOTIONS, OUR

APPETITES AND DESIRES, OUR FEARS.

WHAT IS JUSTICE?

•“RIGHT” IS A JUSTIFIED CLAIM AGAINST ANOTHER PERSON’S BEHAVIOR – such as my right not to be harmed by you. •RIGHTS and DUTIES ARE RELATED IN SUCH A WAY THAT THE RIGHTS OF ONE PERSON IMPLY THE DUTIES OF ANOTHER PERSON. •FOR EXAMPLE, • IF I HAVE A RIGHT TO PAYMENT OF $10 BY LUA, •THEN LUA HAS A DUTY TO PAY ME $10.

RIGHTS AND OBLIGATIONS

•SINCE THE VIRTUE OF JUSTICE HAS TO DO WITH “RIGHTS” AND THE OBLIGATIONS THAT FLOW FROM THEM, •IT IS IMPORTANT TO KNOW THE SOURCE OF THOSE RIGHTS.

•THE RIGHTS ARE BROADLY CLASSIFIED INTO TWO CATEGORIES: •NATURAL RIGHTS •LEGAL RIGHTS

HUMAN PERSON

2ND DIGNITY

FREE CHOICE

1ST DIGNITY

CREATED IN THE IMAGE

OF GOD

3RD DIGNITY

REDEEMED BY CHRIST

NATURAL RIGHTS

•NATURAL RIGHTS FLOWS FROM THE

VERY NATURE OF MAN.

•THE ULTIMATE FOUNDATION OF

HUMAN RIGHT IS GOD,

•WHO CREATED MAN AS A SPIRITUAL

AND IMMORTAL BEING WITH AN

ETERNAL DESTINY.

NATURAL RIGHTS

•NATURAL RIGHTS ARE THOSE NOT COMMISSION UPON THE •LAWS, •CUSTOMS, •OR BELIEFS OF ANY PARTICULAR CULTURE OR GOVERNMENT,

•AND THEREFORE UNIVERSAL AND INALIENABLE (i.e., rights that cannot be repealed or restrained by human laws).

NATURAL RIGHTS

•THERE ARE FOUR FEATURES TRADITIONALLY ASSOCIATED WITH NATURAL RIGHTS. 1. THEY ARE NATURAL - NOT INVENTED OR

CREATED BY GOVERNMENTS. 2. THEY ARE UNIVERSAL - NOT CHANGE FROM

COUNTRY TO COUNTRY. 3. THEY ARE EQUAL - THEY ARE THE SAME

FOR ALL PEOPLE, IRRESPECTIVE OF GENDER, RACE, OR HANDICAP.

4. THEY ARE INALIENABLE - I CANNOT HAND OVER MY RIGHTS TO ANOTHER PERSON, SUCH AS BY SELLING MYSELF INTO SLAVERY.

NATURAL RIGHTS

•LEGAL RIGHTS ARE THOSE BESTOWED ONTO A PERSON BY A GIVEN LEGAL SYSTEM. •THESE RIGHTS ARE RECOGNISED BY THE STATE AND ARE ALSO EN FORCED BY THE STATE.

•IN THE EVENT OF ANY BREACH OF SUCH RIGHTS AND PRIVILEGES ONE CAN TAKE SHELTER IN THE COURT OF LAW. •THEREFORE, THESE RIGHTS ARE ENFORCEABLE IN A COURT OF LAW.

LEGAL RIGHTS

•THERE ARE THREE KINDS OF LEGAL RIGHTS • CIVIL RIGHTS, POLITICAL RIGHTS AND

ECONOMIC RIGHTS.

•THESE ARE A CLASS OF RIGHTS THAT PROTECT INDIVIDUALS’ FREEDOM • FROM VIOLATION BY GOVERNMENTS, SOCIAL

ORGANIZATIONS, AND PRIVATE INDIVIDUALS, • IT ALSO ENSURE THE CITIZEN’S ABILITY TO

PARTICIPATE IN THE CIVIL, POLITICAL AND ECONOMIC LIFE OF THE SOCIETY AND STATE WITHOUT DISCRIMINATION OR SUPPRESSION.

•SOME OF THESE RIGHTS ARE GIVEN BELOW:

LEGAL RIGHTS

•THESE RIGHTS CONSIST OF THOSE PRIVILEGES IN THE ABSENCE OF WHICH NOBODY CAN ATTAIN HIS BEST SELF. SOME OF THE CIVIL RIGHTS ARE AS FOLLOWS:

•(1) RIGHT TO LIFE:

•A CITIZEN HAS THE RIGHT TO LIFE AND

THE RIGHT TO PROTECT HIS BODY.

• IT IS THE FUNDAMENTAL OF HUMAN

EXISTENCE.

LEGAL RIGHTS: CIVIL RIGHTS

•(2) RIGHT TO LIBERTY: •IT MEANS THAT A CITIZEN IS ENTITLED TO ENJOY PRIVILEGES FREELY FOR THE DEVELOPMENT OF HIS INNER SELF WITHOUT HINDRANCES. •THE FREEDOM FROM ARBITRARY ARREST AND DETENTION ENABLES A CITIZEN TO SEE REDRESSAL IN A COURT OF LAW.

•(3) RIGHT TO PROPERTY: •THE INSTITUTION OF PROPERTY, PRIOR TO THE ADVENT OF MARXISM, WAS VIEWED AS AN ALLY OF CIVILISED LIFE. •Locke was the greatest exponent of the institution of private property. • IT CREATES A SENSE OF POSSESSION, RESPONSIBILITY AND INTEREST TO WORK.

•THE STATE CAN RESTRICT THIS RIGHT FOR THE LARGER INTEREST OF THE COMMUNITY.

•(4) RIGHT TO EQUALITY: • THAT ALL ARE BORN EQUAL AND ARE TO BE TREATED EQUALLY IS THE ESSENCE OF THIS RIGHT. • IT IS THE FIRST PRINCIPLE OF DEMOCRACY AND IT ALSO PRESCRIBES FOR SOME PUNISH MENT FOR THE OFFENDERS WHO COMMIT THE SAME OFFENCE UNDER THE SIMILAR CIRCUMSTANCES.

•(5) RIGHT TO CONTRACT: • THE CITIZENS CAN ENTER INTO CONTRACTS WITH THEIR FELLOW BEINGS ON THE BASIS OF EQUALITY.

•(6) RIGHT TO FAMILY: • THIS IS ANOTHER IMPORTANT CIVIL RIGHT EN JOYS BY

THE CITIZENS.•(7) RIGHT TO FORM UNION & ASSOCIATION: • AS HUMAN BEINGS ARE DESTINED TO LIVE IN

GROUPS, THIS RIGHT IS ENJOYED BY EVERY CITIZEN.•(8) RIGHT TO FREEDOM OF RELIGION AND CONSCIENCE: • THIS WAS TREATED BY SOME AS A RIGHT AND THE

INDIVIDUALS WERE GIVEN THE OPTION TO CHOOSE THEIR OWN RELIGION.

• THE STATE, HOWEVER, IS ENTITLED TO IMPOSE RESTRICTIONS ON THIS RIGHT ON THE GROUND OF MORALITY, MAINTENANCE OF LAW AND ORDER AND DECENCY.

•(9) RIGHT TO FREEDOM OF SPEECH AND EXPRESSION: •THE FREE DOM OF THOUGHT AND THE FREEDOM OF SPEECH AND EXPRESSION ARE THE CORNERSTONE OF DEMOCRACY.

•(10) RIGHT TO LANGUAGE AND CULTURE: •THE RIGHT OF EVERY CITIZEN TO PRESERVE, PROTECT AND DEVELOP HIS OWN LANGUAGE AND CULTURE IS AN IMPORTANT CIVIL RIGHT.

•(11) RIGHT TO FREEDOM OF MOVEMENT: •TO MOVE FREELY THROUGHOUT THE TERRITORY OF A STATE, IS A CIVIL RIGHT ENJOYED BY THE CITI ZEN OF THAT STATE.

•(12) RIGHT TO EDUCATION: •THE RIGHT TO EDUCATION AIMS AT MINI MUM INTELLECTUAL LEVEL AND TRAINING THAT FORM A PART OF HIS CIVIL RIGHTS.

•(13) RIGHT TO FREEDOM OF ASSEMBLY: •THE RIGHT TO FREEDOM OF ASSEMBLY IN A PEACEFUL MANNER WITHOUT ARMS IS ALSO AN IM PORTANT CIVIL RIGHT.

•THE OPPORTUNITY GRANTED TO THE CITIZENS TO TAKE PART IN THE ADMINISTRATION OF THE STATE IS KNOWN AS POLITICAL RIGHTS. •(1) RIGHT TO VOTE: • IT IS AN IMPORTANT POLITICAL RIGHT AND IT IS ALSO KNOWN AS RIGHT TO FRANCHISE. • EVERY ADULT CITIZENS HAS THE RIGHT TO CAST HIS VOTE FREELY WITHOUT FEAR AND IT CONFERS THE RIGHT AGAINST DISCRIMINATORY TREATMENT IN THIS REGARD.

LEGAL RIGHTS: POLITICAL RIGHTS

•(2) RIGHT TO BE ELECTED: •THE RIGHT TO CONTEST ELECTION AND THE RIGHT TO BE ELECTED ARE CLOSELY CONNECTED WITH THE RIGHT TO VOTE. AS DEMOCRACY RESTS NOT ON THE PRINCIPLE OF HEREDITY BUT ON THE PRINCIPLE OF ELECTION, THIS IS AN IMPORTANT POLITICAL RIGHT.•(3) RIGHT TO HOLD PUBLIC OFFICE: •THE RIGHT TO HOLD PUBLIC OFFICE IN ACCORDANCE WITH THE ESTABLISHED PROCEDURE AND WITHOUT ANY DISCRIMINATION IS ALSO AN IMPORTANT POLITICAL RIGHT.

•(4) RIGHT TO PETITION: • THE DEMOCRATIC GOVERNMENT OPERATES EF FICIENTLY IF THE CITIZENS ENJOY THE RIGHT TO PETITION THEREBY VENTILATING THEIR GRIEVANCES. • THE PEOPLE CAN SUBMIT PETITION AGAINST ONE GOVERNMENT TO ANOTHER GOVERNMENT.

•(5) RIGHT TO DISCUSS PUBLIC POLICY: • THE PEOPLE ENJOY THE RIGHT TO DISCUSS PUBLIC POLICY EITHER TO APPRECIATE OR TO CRITICISE IT. THIS KEEPS THE GOVERNMENT ON THE RIGHT TRACK.

•(6) RIGHT TO RESIDENCE: • A CITIZEN HAS THE RIGHT TO RESIDE AND

SETTLE IN ANY PART OF THE STATE. AS VOTING RIGHTS ARE CONNECTED WITH RESIDENCE, SO IT IS AN IMPORTANT POLITICAL RIGHT.

•(7) RIGHT TO PROTECTION WHILE STAYING ABROAD: • WHEN A CITI ZEN GOES TO A FOREIGN STATE OR

STAYS ABROAD HE GETS ALL KINDS OF PROTECTION FROM HIS NATIVE STATE.

•(8) RIGHT TO PUBLIC MEETING: • A CITIZEN ENJOYS FREEDOM TO TRANSMIT HIS

VIEWS IN A PUBLIC MEETING WITHOUT ANY FEAR.

•RIGHTS LIKE, •RIGHT TO WORK, •RIGHT TO REST •AND LEISURE ETC. •ARE SOME OF THE IMPORTANT ECONOMIC RIGHTS IN THE ABSENCE OF WHICH CIVILISED LIVING BECOMES IMPOSSIBLE.

•IN THE SOCIALIST STATES THESE RIGHTS ARE PAID MUCH WEIGHTAGE.

LEGAL RIGHTS: ECONOMIC RIGHTS

•ONE MAJOR PROBLEM IN REGARD TO THE MATTER OF JUSTICE IS THAT SO MANY PEOPLE SEEM ONLY • CONCERNED ABOUT THE RIGHTS THEY HAVE IN JUSTICE, • AND NOT THE OBLIGATIONS IT IMPOSES ON THEM.

•THE TRUE CHRISTIAN KNOWS THAT THE MORE HE IS JUST IN DEALING WITH OTHERS, THE MORE GOD’S JUSTICE WILL BE TEMPERED BY HIS MERCY IN DEALING WITH HIM.

•DURING THE RIOT, THE SECRET POLICE ARRESTED HANS,

DRAGGED HIM OFF THE STREET, AND THREW HIM INTO A

SMALL CELL. THAT NIGHT HE WAS TAKEN TO A ROOM

WHERE THREE ANGRY MEN QUESTIONED HIM FOR TEN

MINUTES. JUST AS HE BEGAN TO REALIZE THAT THEY

WERE TRYING HIM, THE MAN IN THE CENTER BANGED A

GAVEL ON THE TABLE AND DECLARED, “GUILTY OF

REBELLION AGAINST THE GOVERNMENT. SENTENCED TO

DEATH BY FIRING SQUAD AT ONCE!” THEY TOOK HANS

OUTSIDE, STOOD HIM AGAINST A WALL, AND SHOT HIM.

KINDS OF JUSTICE

•JEAN VALJEAN, THE PRINCIPAL CHARACTER IN VICTOR HUGO’S NOVEL, LES MISERABLES, WAS SENTENCED TO PRISON FOR STEALING A LOAF OF BREAD TO FEED HIS STARVING SISTER AND HER CHILDREN.•AT THE END OF THE WEEK, JANE RECEIVED HER PAYCHECK. IT WAS FOR $275. SHE WAS UPSET AND ANGRY WHEN SHE LEARNED THAT PAUL HAD RECEIVED $410 FOR DOING THE SAME TYPE AND AMOUNT OF WORK.

KINDS OF JUSTICE

• JUSTICE, AS WE SAW, HAS TO DO WITH TWO

PARTIES, EACH RENDERING THE OTHER HIS DUE.

• BUT SEVERAL POSSIBLE COMBINATIONS CAN

EXIST BETWEEN TWO PARTIES, WHICH GIVES

RISE TO SEVERAL KINDS OF JUSTICE.

1. COMMUTATIVE JUSTICE

• INCLINES ONE INDIVIDUAL TO RENDER TO ANOTHER

INDIVIDUAL WHAT IS STRICTLY DUE.

KINDS OF JUSTICE

2. LEGAL JUSTICE • INCLINES ONE TO RENDER WHAT IS DUE TO SOCIETY, I.E. THE WHOLE COMMUNITY. THESE OBLIGATIONS ARE SATISFIED BY OBSERVING CIVIL LAWS.

3. DISTRIBUTIVE JUSTICE • INCLINES SOCIETY OR THE WHOLE COMMUNITY TO RENDER WHAT IS DUE TO INDIVIDUAL MEMBERS OF THAT SOCIETY OR COMMUNITY.

KINDS OF JUSTICE

SOCIALJUSTICE

COMMUTATIVE JUSTICE

LEGAL/CONTRIBUTIVE JUSTICE

DISTRIBUTIVE JUSTICE

SOCIETY

INDIVIDUALS INDIVIDUALS

INDIVIDUAL - SOCIETY SOCIETY - INDIVIDUAL

INDIVIDUAL - INDIVIDUAL

1. LEGAL 2. COMMUTATIVE 3. DISTRIBUTIVE

A. GENERAL JUSTICE B. PARTICULAR JUSTICE

CLASSIFICATION OF JUSTICE

THREE KINDS OF RELATIONSHIPS

•THE PURPOSE OF COMMUTATIVE JUSTICE IS TO

• PRESERVE EQUALITY OF RIGHTS BETWEEN

INDIVIDUALS,

•E.G. BETWEEN THE

• VALUE OF AN ITEM PURCHASED AND THE

PRICE PAID FOR IT

• WAGE PAID BY THE EMPLOYER AND THE

WORK DONE BY THE EMPLOYEE, ETC.

KINDS OF JUSTICE: COMMUTATIVE JUSTICE

•A SPECIAL CHARACTERISTIC OF COMMUTATIVE JUSTICE IS THE OBLIGATION OF MAKING RESTITUTION WHEN THE RIGHTS OF ONE HAS BEEN VIOLATED. • INVOLVED THE RETURNING OF SOMETHING STOLEN (or if not possible, its value), •THE REPAIR OR RESTORATION OF SOMETHING DAMAGED OR DESTROYED, •COMPENSATION FOR AN INJURY THAT HAS BEEN UNJUSTLY INFLICTED, ETC.

•THE OBLIGATION OF MAKING RESTITUTION WHEN THE RIGHTS OF ONE HAS BEEN VIOLATED CAN BE ADDRESSED IN TWO WAYS1. RETRIBUTIVE JUSTICE • A SYSTEMATIC INFLICTION OF PUNISHMENT

JUSTIFIED ON GROUNDS THAT THE WRONGDOING COMMITTED • MUST BE ADDRESSED BY ACTION AGAINST

THE CRIMINAL. 2. RESTORATIVE JUSTICE • IS A SYSTEMATIC RESPONSE TO

WRONGDOING THAT EMPHASIZES HEALING THE WOUNDS OF VICTIMS

1. BY DEEDS:

•HUMAN LIFE IS MAN’S GREATEST GIFT IN

THE NATURAL ORDER.

•TO DEPRIVE ONE OF THAT GIFT WITHOUT A

JUST CAUSE IS TRULY A GRAVE SIN OF

INJUSTICE,

• FOR WHICH NO ADEQUATE RESTITUTION

CAN BE MADE.

•BESIDES LIFE ITSELF, ANOTHER BODILY GOOD

THAT CAN BE TAKEN AWAY IS BODILY

INTEGRITY, THE RIGHT TO WHICH ONE CAN

BE DEPRIVED OF BY

• MUTILATION, WOUNDING, OR DESTRUCTION

OF BODILY FUNCTIONS (E.G. STERILIZATION

WITHOUT MEDICAL NECESSITY), ALL OF

WHICH WOULD BE GRAVELY SINFUL.

•NOT ONLY ARE THEFT AND DESTRUCTION

OF PROPERTY AN INFRACTION OF ONE’S

RIGHT TO HIS OWN POSSESSIONS,

• BUT ALSO AGAINST THAT RIGHT ARE THE

ONE GUILTY OF NOT – PAYING THE DEBTS,

• AND THE NON-RETURNING OF BORROWED

•IF ONE IS IN DEBT, SOME OF THE MONEY HE

MAY HAVE IS STRICTLY NOT HIS SINCE IT IS

OWED TO ANOTHER.

•HENCE, IT WOULD BE AGAINST JUSTICE

FOR SUCH A ONE TO SPEND MONEY ON

LUXURIES WHILE KEEPING ANOTHER

WAITING FOR REPAYMENT OF WHAT

BELONGS TO HIM.

2. BY WORDS:•SOME COMMON WAYS OF OFFENDING AGAINST ONE’S RIGHT TO HIS GOOD NAME ARE: • REVEALING ONE’S HIDDEN FAULTS, • SPEAKING ILL OF ANOTHER BEHIND HIS BACK, • SPREADING FALSEHOODS ABOUT ANOTHER OR EXAGGERATING HIS FAULTS, • IMPUTING EVIL INTENTIONS TO ONE’S GOOD DEEDS, ETC.

•ALL SUCH ACTIONS INVOLVE GRAVE MATTER FOR THEY BLACKEN ONE’S GOOD NAME.

•THE GRAVITY OF SUCH SINS DEPENDS ON THE HARM DONE AND THE INTENTION OF THE SPEAKER. •ALTHOUGH JUSTICE DEMANDS THAT RESTITUTION BE MADE IN SUCH CASES IN WHATEVER WAY ONE CAN, THE DAMAGE DONE IN THESE CASES CAN NEVER BE COMPLETELY REPAIRED; • FOR EVEN RETRACTIONS, OR APOLOGIES, OR HAVING THE ACCUSATION “STRUCK FROM THE RECORD” DO NOT COMPLETELY ERASE THE STAIN FROM THE MEMORY OF SOME.

3. IN BUSINESS:•NUMEROUS ARE THE WAYS IN WHICH JUSTICE CAN BE VIOLATED IN THE BUSINESS WORLD. TO MENTION A FEW: •FRAUD IN BUSINESS CONTRACTS OR IN BILLING, •NOT REVEALING DEFECTS IN AN ITEM SOLD, •DECEIVING ANOTHER AS TO THE QUALITY OF AN ITEM SOLD, •DEMANDING EXCESSIVE PRICES WITHOUT SUFFICIENT REASON, ETC.

•THIS KIND OF JUSTICE AIMS IMMEDIATELY AT THE • COMMON GOOD OF SOCIETY• BRINGS ABOUT THE ESTABLISHMENT OF JUST LAWS AND ORDINANCES.

•IT INCLINES THOSE WHO GOVERN TO ESTABLISH JUST LAWS TO PROMOTE THE COMMON GOOD, •AND DISPOSES ALL CITIZENS TO OBSERVE PERFECTLY THE LAWS AND CONSTITUTIONS OF THE SOCIETY TO WHICH THEY BELONG.

KINDS OF JUSTICE: LEGAL JUSTICE

•IT ORDERS MEMBERS OF SOCIETY TO DEVOTE THEMSELVES GENEROUSLY TO THE COMMON GOOD, AND IF NECESSARY, TO SACRIFICE TIME AND PERSONAL CONVENIENCE TO THAT END. •WE RECEIVE MUCH FROM SOCIETY, AND TO IT WE ARE INDEBTED.

•WHEN ONE’S CONCERN ABOUT THE COMMON GOOD IS MOTIVATED BY CHRISTIAN CHARITY, IT IS A BUILDING UP OF THE MYSTICAL BODY OF CHRIST.

•WE MUST BE CAREFUL OF THE WORD

“LEGAL” IN OUR DAY, FOR THERE ARE

CERTAIN ACTIONS WHICH ARE LEGAL

BY CIVIL LAW, BUT WHICH ARE

CONDEMNED BY DIVINE LAW, AND ARE

DESTRUCTIVE OF THE COMMON GOOD,

SUCH AS ABORTION AND DIVORCE.

• SHOULD ALL PEOPLE HAVE TO PAY THE SAME AMOUNT OF TAXES OR SHOULD THE GOVERNMENT REQUIRE SOME TO PAY MORE THAN OTHERS? IF SO, HOW MUCH MORE AND WHY?•SHOULD ALL PEOPLE RECEIVE THE SAME EDUCATIONAL OPPORTUNITIES AT PUBLIC EXPENSE, OR SHOULD SOME PEOPLE RECEIVE GREATER ASSISTANCE AND OPPORTUNITIES THAN OTHERS?•SHOULD PART OF THE INCOME OF PEOPLE WHO WORK GO TO THOSE WHO ARE NOT WORKING FOR ONE REASON OR ANOTHER? IF SO, WHY? HOW? TO WHOM? HOW MUCH?•SHOULD THE WEALTH OF DEVELOPED NATIONS BE USED TO ASSIST DEVELOPING NATIONS?

KINDS OF JUSTICE: DISTRIBUTIVE JUSTICE

•WHILE LEGAL JUSTICE INCLINES THE INDIVIDUAL •TO FULFIL HIS DUTIES TO THE STATE OR COMMUNITY FOR THE COMMON GOOD,

•DISTRIBUTIVE JUSTICE INCLINES THOSE WHO GOVERN THE STATE OR COMMUNITY •TO DISTRIBUTE PUBLIC BENEFITS AND BURDENS AMONG ITS MEMBERS ACCORDING TO THE MERIT, ABILITY AND NEEDS OF EACH CITIZEN OR GROUP.

•VIOLATIONS OF DISTRIBUTIVE JUSTICE WOULD BE THE DISTRIBUTION OF PUBLIC BENEFITS OR THE IMPOSITION OF PUBLIC BURDENS THROUGH DISCRIMINATION OR FAVORITISM, •THAT IS, NOT BASED ON MERITS AND TRUE NEEDS, BUT SINGLING OUT ONE LESS QUALIFIED BECAUSE OF FRIENDSHIP, FAMILY TIES, BRIBES, IN RETURN FOR FAVORS, ETC.

•WHILE THE FAIR AND JUST REGULATION OF RIGHTS OF COMMUTATIVE JUSTICE IS ACCORDING TO EQUALITY, •THE RULE WHICH GOVERNS THE BESTOWING OF BENEFITS AND BURDENS OF DISTRIBUTIVE JUSTICE IS PROPORTIONAL.

•FOR EXAMPLE, THE TAXES IMPOSED ON A RICH MAN AND A POOR MAN ARE NOT EQUAL, BUT IN PROPORTION TO THEIR INCOME, MATERIAL POSSESSIONS, ETC.

•AGAIN, BY WAY OF CONTRAST,

•WHILE LEGAL JUSTICE IS CONCERNED

ABOUT THE OBLIGATIONS OF THE

INDIVIDUAL CITIZEN TO THE STATE,

•DISTRIBUTIVE JUSTICE IS CONCERNED

ABOUT THE OBLIGATIONS OF THE STATE

TO THE INDIVIDUAL CITIZEN.

•SOCIAL JUSTICE PRESUPPOSES COMMUTATIVE JUSTICE AS A CONDITION.

•THE PURPOSE OF COMMUTATIVE JUSTICE

IS TO PRESERVE EQUALITY OF RIGHTS

BETWEEN INDIVIDUALS

• BUT IT GOES FAR BEYOND THE REQUIREMENTS OF COMMUTATIVE JUSTICE.

KINDS OF JUSTICE: SOCIAL JUSTICE

•ITS OBJECTIVE PURPOSE IS THE COMMON GOOD•JUSTICE OF THE COMMON WELFARE•OR JUSTICE OF THE COMMUNITY

•COMMUTATIVE JUSTICE DEPENDS ON THE LAW OR LEGAL CONTRACTS BETWEEN INDIVIDUALS •SOCIAL JUSTICE DRAWS ITS FORCE FROM THE SOLIDARITY OF MEN LIVING IN THE COMMUNITY OF PERSONS.

KINDS OF JUSTICE: SOCIAL JUSTICE

SOCIETY

INDIVIDUALCommutative

ve Con

tributi

veSOCIAL

INDIVIDUAL

IN THE POLITICAL ORDER THE STATE HAS THE OBLIGATION TO SAFEGUARD EVERY MEMBER OF THE COMMUNITY, LIFE, SUSTENANCE, AND THE OPPORTUNITY OF WORK.

IN THE INDIVIDUAL LEVEL, SOCIAL JUSTICE IMPOSES THE OBLIGATION TO ASSIST THOSE IN NEED SO THAT THEY TOO ARE ABLE TO LIVE IN THE MANNER WORTHY OF THEIR DIGNITY AS PERSONS.

•AS WE HAVE SEEN, •WHILE JUSTICE INCLINES ONE TO RESPECT THE RIGHTS OF OTHERS •CHARITY GOES BEYOND RESPECT FOR THOSE RIGHTS

•FOR EXAMPLE, • IT INCLINES ONE TO SHARE THROUGH ALMSGIVING, FORGIVING OFFENSES AND OTHER WORKS OF MERCY. • IT INCLINES US TO LOVE OUR NEIGHBOUR AS OURSELVES FOR THE LOVE OF GOD

JUSTICE AND CHARITY

JUSTICE MAY ACCOMPLISH

THE RESTORATION

OF RIGHTS, BUT IT WILL NOT OF

ITSELF RESTORE PEACE.

•ST. THOMAS STATES:

• “PEACE IS THE WORK OF JUSTICE

INDIRECTLY, INSOFAR AS IT REMOVES THE

OBSTACLES TO PEACE;

• BUT IT IS THE WORK OF CHARITY

DIRECTLY, SINCE CHARITY, ACCORDING TO

ITS VERY NATURE CAUSES PEACE; FOR

LOVE IS A UNITIVE FORCE.”

JUSTICE AND CHARITY

•POPE JOHN PAUL II STRESSED THAT JUSTICE, WHILE ESSENTIAL FOR PEACE, IS NOT ENOUGH.• “THE EXPERIENCE OF THE PAST AND OF OUR OWN TIME DEMONSTRATES THAT JUSTICE ALONE IS NOT ENOUGH, THAT IT CAN LEAD TO THE NEGATION AND DESTRUCTION OF ITSELF, IF THAT DEEPER POWER, WHICH IS LOVE, IS NOT ALLOWED TO SHAPE HUMAN LIFE IN ITS VARIOUS DIMENSIONS.” (Dives in Misericordia)

JUSTICE AND CHARITY

•“JUSTICE WILL NEVER BE FULLY ATTAINED

UNLESS PEOPLE SEE IN THE POOR PERSON,

WHO IS ASKING FOR HELP TO SURVIVE,

•NOT AN ANNOYANCE OR BURDEN, BUT AN

OPPORTUNITY FOR SHOWING KINDNESS

AND A CHANCE FOR GREATER

ENRICHMENT.” (Centesimus Annus)

JUSTICE AND CHARITY

IT IS CLEAR THAT TRUE JUSTICE WILL

NEVER BE ATTAINED IF ONE IS

CONCERNED ABOUT JUSTICE

1. GOD

2. PIETY AND PRAYER

3. GRATITUDE

4. TRUTH

RELATION OF JUSTICE TO OTHER NOBLE ACTIVITIES

virtue of justice

virtue of justice

natural rights legal

recognition of rights

natural rights flows

social justice

strict justice

habitual practice of

theological virtue of

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