Justice

As a beginning into the subject of Justice and Fairness, I’ve decided to use a quote, and it’s commentary, from my book, Ponder: Musings on the Art of Bahá’í Meditation. In brief there are four types of Justice that are discussed and written about by Lawyers and Law academics.

These are: Retributive, Restorative, Distributive and Procedural. My commentary below explores my thoughts on these four categories of Justice.

20P-C1 Attributes – Justice & Fairness

“We entreat God to graciously aid His servants. What this Wronged One doth expect from everyone is justice and fairness. Let no one be content with mere hearing; rather doth it behoove everyone to Ponder that which this Wronged One hath revealed.”

Tablets of Bahá’u’lláh, p. 130

How do you define justice or fairness? This is a major discussion for people, whether they are kindergarten kids, married couples, workers on the job or members of a religious community. Naturally, it is a hot topic among lawyers and legal scholars. In societies whose foundation is the rule of law, it is universally agreed that law should guarantee just treatment to all members of the society, but by what measure do we declare something to be just or unjust? Within the legal profession, four arenas of law are often discussed – distributive, procedural, retributive and restorative. These are technical areas that the average citizen rarely thinks about, but that have a profound impact on us as individuals and as a society.

Distributive justice deals with how citizens share in the wealth of a society.  Procedural justice speaks to the decision-making process, asking whether the judicial process itself is fair. Retributive justice is the arena of punishing offenders, and restorative justice is concerned with rehabilitating those who break the law. This commentary won’t look at procedural justice, other than to say that Bahá’u’lláh counsels every individual to act out of a sense of high moral and ethical responsibility.  Given this admonition, individuals are expected to carry that sense of justice into every endeavor including the procedures, policies, and laws that govern the law itself.

Distributive Justice

Three methods of distributing the benefits of society stand out: equity, equality and need. To treat citizens with equity historically has meant that each individual benefits to the same degree, level or amount to which they contribute into society. Basically, they reap what they sow. Those who contribute more to the welfare of society draw more in return from society, and those who contribute less, receive less. Distributive justice based on equality, on the other hand, says that everyone should receive from society the same amount, regardless of what anyone contributes.

Lastly, is the idea that a person should receive from society that which meets their need. Those who need less should get less; those who need more should get more.

Most often, in Bahá’u’lláh’s writings the word justice is accompanied by the word equity, thus indicating to me that equity is Bahá’u’lláh’s definition of justice, at least for distributive justice. Of course, it isn’t really necessary to say that ‘equity’ has many meanings and, in addition, no one can know the mind of a Manifestation of God. Bahá’u’lláh is capable of accepting any one of many definitions and of creating a new and previously un-thought of definition suited to a new age. However, it is clear from His writings that equity, by some definition, is important to Him.  Some of these references follow:

“Say: O God, my God! Attire mine head with the crown of justice, and my temple with the ornament of equity.”

“Justice and equity are twin Guardians that watch over men. From them are revealed such blessed and perspicuous words as are the cause of the well-being of the world and the protection of the nations.”

“Let My counsel be acceptable to thee, and strive thou to rule with equity among men, that God may exalt thy name and spread abroad the fame of thy justice in all the world.”

In the Kitáb-i-Aqdas, His Book of Law, Bahá’u’lláh writes, “Tread ye the path of justice and equity in all things. Thus biddeth you He Who is the Dawning-place of Revelation, would that ye might comprehend.” Even though Bahá’u’lláh seems to favor equity, He also teaches moderation, which seems to be a part of the distribution by need theory. “It is incumbent upon them who are in authority to exercise moderation in all things. Whatsoever passeth beyond the limits of moderation will cease to exert a beneficial influence.” In other words, society based on Bahá’u’lláh’s principles wouldn’t compensate someone with more than she/he needed as this would be excessive, or not moderate.

Retributive & Restorative Justice

In regards to retributive and restorative justice, Bahá’u’lláh teaches both. He teaches that individuals are obligated to forgive the trespasses of other individuals, “… if thine eyes be turned towards justice, choose thou for thy neighbor that which thou choosest for thyself,” which, in essence, is the restorative approach to justice. In other words, you won’t want people to give up on you whenever you make a mistake, you’d want them to forgive you and help you become better; to restore you to good citizenship.

However, He also teaches that society has an obligation to protect its members by meting out punishment against those who take unfair advantage, whether in the civil or criminal arenas of the law. `Abdu’l-Bahá, describing His father’s teachings, and using the crime of murder as an example, said, “…the community has no hatred nor animosity for the murderer it imprisons or punishes him merely for the protection and security of others. …”  Therefore, punishment in this context isn’t retribution. The right and obligation of society to control and punish the offender loosely fits within the concept of retributive justice, in the sense that Bahá’u’lláh advocates punishment, yet at the same time you could say that it doesn’t fit because the motive of the punishment isn’t retribution against the offender. Instead, society punishes without “hatred” or “animosity” but only to preserve order, for the protection and security of others and to set a proper and sure example to deter others.

Punishment, according to Bahá’u’lláh, is meant to right the wrong, but it also is to train, or restrain, individuals, “Justice hath a mighty force at its command. It is none other than reward and punishment for the deeds of men. By the power of this force the tabernacle of order is established throughout the world, causing the wicked to restrain their natures for fear of punishment.”