on justice and rights…
My latest reading response…
Summaries:
Neff-
There is a Biblical basis for limits on executive power and those powers should never be used to the detriment of a rulers subjects.
Zimmermann-
All law is under God; God’s law is just and any law that is unjust is not God’s.
Wolterstorff-
Inherent in, and vital to, the discussion of rights is the debate of where rights are derived from; are they granted by the laws of man, or are they naturally endowed by God?
Fritz-
Our current criminal justice system falls short of the Biblical desire for restorative justice; that is, a settlement which allows the “victim” to move on and the guilty party to be forgiven.
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Without rights, there can be no justice. For without rights, how are we to know what is acceptable and what is unacceptable. But in order to have defined rights, their source must be understood. Wolterstorff states that rights are the formative bonds of society. They guarantee access to goods that might otherwise be unattainable. However, what is and is not a right depends on one’s view of the nature of rights. Are rights endowed by the law? Are rights only granted and confirmed upon individuals when societies and governing bodies decide they should be awarded? Or as Wolterstorff argues, are rights attained simply by the existence of an individual (10).
Wolterstorff defines those who argue that rights are not inherent as being “right order” proponents. That is, they are people who argue when a society is properly organized and run, there is no need for rights for the law of the land creates the “right order.” Wolterstorff bases this view in Plato’s Republic where the author argues that society is divided into roles and when every member of society is filling their role properly, that society will function in harmony (27). Many examples in literature and popular culture exist from A Brave New World to The Matrix. But perhaps none so horrific as the real life example of Nazi Germany, where human law was written to ostracize and justify the persecution, and execution, of individuals who were not assigned a role in Hitler’s “right order” (29). In a right order society justice and rights are measured against the desired design of the right order. Thus Jews and others who were not part of the right order had no rights and no justice. Other states such as the former Soviet Union gave power to a secular elite who sought a right order based on economic planning. Dissidents were removed from society and silenced to eliminate any questioning of the right order.
Wolterstorff stops short of saying the inherent rights of individuals are endowed by God. However, I believe Zimmermann (2005, 70) properly argues for this saying that it is God’s laws only that are perfect because even humanities best efforts are still tainted by the fall. The rule of law is only just and right when based on a system transcendent of human wants and desires. This argument that rights are endowed by the Creator upon the created allows for individuals to be afforded, “certain unalienable rights” which cannot be violated. John Calvin was one of the first to argue the law is not derived from the whimsy of the king but rather from God (Neff, 2009). That the king, and therefore the state, is under the same law as the people. There are, however, still states like Iran who twist this argument and use the divine appointment by God of their rulers as a weapon against those who seek to contradict the state.
For this reason Fritz (2005, 6) argues, the furthest human law can go is to restitution of a wrong, forced reparations for a violation of social norms. But this system is still based on the belief that the human law and courts alone can provide justice. Fritz states that restorative justice is what is called for in the Bible, arguing a restorative system seeks not just justice and restitution for a wrong but also to restore the offender to society and heal broken relationships (6). While one can argue that no system in a fallen world and organized by people will ever be completely just, it should not be ignored that in the thousands of years since Hammurabi first recorded the law in stone there have always been individuals who have sought to exploit others. Maybe it is time for a change.
References:
Wolterstorff, N. (2008) Justice: Rights and Wrongs. Princeton, NJ: Princeton University Press
Fritz, D. (2005, October) Restorative Justice. NASCW Convention, Grand Rapids, MI.
Zimmermann, A. (2005) The Christian foundations of the rule of law in the West: a legacy of liberty and resistance against tyranny. Retrieved online from http://creation.com
Neff, D. (2009, March). Long live the law. Christianity Today. Retrieved from http://www.christianitytoday.com
Running Head: JUSTICE AND RIGHTS
