Explainer
Creed
Virtues
6 min read

Justice: a premium virtue

In the third of his series on virtue, Andrew Davison weighs what justice says today, particularly on impartiality.

Andrew works at the intersection of theology, science and philosophy. He is Canon and Regius Professor of Divinity at Christ Church, Oxford.

A statue of Justice holds a sword aloft in one hand, and set of scales in the other.
The statue of Justice on London's Old Bailey court.
Sang Hyun Cho, CC BY-SA 4.0, via Wikimedia Commons.

Next after prudence comes justice. Our guide in this series on the virtues is Thomas Aquinas and, for him, virtue is about justice. Indeed, it is in justice (quoting Cicero) that

 ‘the lustre of virtue appears above all.’

Placing such a premium on justice might seem a little deflationary. Yes, we might think, by all means be just, but is that enough? Later in this series, we will see that Aquinas does, indeed, think that all human virtues – including justice – need to be set aflame with faith, hope, and love. But that doesn’t stop him from also thinking about the virtues from a human point of view, at least as a first pass. And within that frame – one in which he might also talk to a non-believer, for instance – he insists that to be virtuous is to be just. Indeed, we could make that comment even more deflationary, and say that the gold standard of justice is simply to be fair. Justice, again drawing on Cicero, is simply to give to each person what is due.

‘However true it might be that our communal life cannot attain its fullest realization through just exchange alone',

wrote the German writer Josef Pieper,

‘it is no less true that it is in the exemplary form of just this sort of justice that the irreducible core of social relations finds expression’.

We can wish for something that outstrips justice. Nonetheless, there is a steely realism in Thomas’s insistence that the foundation for virtue is acting justly, even simply being fair. Fortunate is the country at the moment where day-by-day newspaper coverage need not draw attention to people in positions of public trust failing to live even by that standard.

I once attended a lecture course as an visitor in Rome on ‘Justice and Allied Virtues in Thomas Aquinas’ that lasted for an entire semester, so there’s a lot that can be said on this front. I will limit myself to three angles: impartiality, dues, and the role of a useful minimum.

On impartiality

On the first, Aquinas offers an extended discussion of justice in terms of being no ‘respecter of persons’: which is to say, in terms of showing impartiality. His example strikes home for anyone, such as myself, who works in a university:

if you promote someone to a professorship on account of his having sufficient knowledge, you consider the due cause, not the person; but if, in conferring something on someone, you consider in him not the fact that what you give him is proportionate or due to him, but the fact that he is this particular person (e.g. Peter or Martin), then there is ‘respect of the person’, since you give him something not for some cause that renders him worthy of it, but simply because he is this person… for instance if a man promote someone… because he is rich or because he is a relative of his.

As I write this, the newspapers are full of a story about an ex-Prime Minister promoting someone to a position of public honour and trust in a torturous story that involves both wealth and a relative.

On dues

Justice is the lodestone of virtue, according to Aquinas. Above all things, ‘do justice’. Justice is not quite the foundation, however. Justice looks beyond itself to ‘right’, or ‘what is due’. Justice is secondary, because it recognises and responds to ‘right’ or ‘due’ (today, we might say to ‘rights’ or ‘dues’); it does not create them. Those comments would mean a great deal to a group of Spaniards in the sixteenth century, all followers of Aquinas, who rose above the rapacious expansion of the West, and fought for the rights of indigenous people. They left the foundations of international law as part of that  legacy. Among them were Bartolomé de las Casas (1484–1566) and Francisco de Vitoria (c. 1483–1546), both Dominican friars. They offer, to my mind, perhaps the most glorious moment in the whole history of the river of writing and thinking that has sprung from the life and works of Aquinas.

Opposing, at various time, pretty much the entire establishment of the Spanish Empire, they argued that the indigenous people of the ‘New World’ had inviolable rights, such that justice required Europeans to recognise their right to their lands, and to self-government. This rested on the idea that justice deals with what is due, or right. We do not make this up; we are confronted by it. It is attached to, it springs from, human nature simply as such. And, ultimately, it springs from the fact that to be faced by a human being is to be faced with a creature, which is to say, by the handiwork of God.

When he was still in his twenties, and earning his spurs as a teacher, Aquinas had tackled this subject: 

something is said to be just not only because it is willed by God, but because it is due to a certain created thing according to the order of creature to creature. For nothing can be due to anything except by reason of its own nature or condition. However, the cause of a thing’s nature and properties is the divine will; and therefore the whole order of justice can be traced back to the divine will as to its origin.

Justice is secondary to right, is responsive to right, and justice is the backstop of the virtues precisely for that reason. If it set its own terms, if it ruled its own roost, it might determine, for instance, that dispossession is just. Who would be to say otherwise? But justice does not set its own terms; it bows before what is right or due. That is why, in the estimation of those Spanish Thomists, it inclines its head in reverence before the dignity and rights of native South Americans, rather than to the Spanish Crown: or at least, it should.

The useful minimum

Approached another way, we might say that justice is a sort of minimum, but also that minima are important because they mark out the limits of human relationships. The twentieth century Dominican Herbert McCabe wrote compellingly about this. The Ten Commandments are all about justice, and while they don’t lay out the beating heart of a good and cohesive social life, they do mark its limits. McCabe (again following Aquinas) thought that the best emphasis in thinking about ethics ought to be on friendship, since that is characteristic of human life at its fullest. It’s clearly not enough, for friendship, simply not to steal, bear false witness, or commit adultery. Nonetheless, those precepts are of enduring worth, because we can be sure that to transgress those bounds is to bring friendship to an end. It’s because of that emphasis on friendship, and guarding against whatever endangers it, that ‘bearing false witness’ was such a major concern for Aquinas. In his long treatment of justice, the subject of theft or murder each receives only a single section. On the other hand, misrepresentation of others – sins of the tongue (and, today, of the keyboard) – receive four (on ‘reviling’, ‘backbiting’, ‘tale-bearing’, and ‘derision’). As the Book of Proverbs has it, which Aquinas quotes at this point, ‘A good name is to be chosen rather than great riches’. The weakness of so much writing on ethics in the past century has been a tendency to make it about difficult problems that are so rare that it’s usually other people who face them. The niggling, awkward glory of the virtue tradition is that it lands squarely in the middle of life, for instance in being just – simply fair – in what we next type on Twitter.

 

Essay
Awe and wonder
Creed
Easter
7 min read

At the tilting points of the year, we ask what kind of world we want to build

Equinox is still a threshold between darkness and light.

Elizabeth Wainwright is a writer, coach and walking guide. She's a former district councillor and has a background in international development.

Sun rise casts a shadow over Stonehenge.
Nik, via Unsplash.

At the spring equinox, we appreciate and talk about the arrival of light in the northern hemisphere. For a brief moment, the Earth’s axis is tilted neither away from or toward the sun, and day and night are roughly equal length – ‘equinox’ is Latin for ‘equal night’. From here, we enter astronomical spring.  

But it is not entirely accurate to talk about this being the moment when the darkness is finally diminished. That moment is the ‘equilux’ – equal light – and it happens a few days before the equinox, its date varying with latitude. Because the sun appears as a disc in the sky, the top half rises above the horizon before its centre does, which – when coupled with light being refracted by the Earth’s atmosphere – gives extra daylight. By the time of the equinox, and depending on your latitude, we already have 12 hours and 10 minutes of daylight. It is not much, but it is enough perhaps to read a few pages of a book without an artificial light, or to have “just one more” kick of a ball outside, as my daughter has learned to say.  

There is beauty in the idea that for a brief moment during the equinox, we are all experiencing the same light and dark. But it is not true. At any particular moment, some of us experience more darkness than others, and some of us receive more light than we think.  

Whenever its moment of arrival, though, the light will arrive. It always has, since the world was set spinning and tilting in space. We have always found ourselves poised at the threshold between the long dark of winter and the gathering light of summer. It is a threshold that is embedded in creation itself; all of life must in one way or another face the work, the inevitability, the challenge of transformation. This threshold is echoed through our own lives too – in the in-between spaces where one thing is ending, but the next has not yet fully begun. There are personal thresholds: a change in career, a birth, a loss. And there are collective ones: times in history when the old ways no longer work and we strain toward something new, unsure of how to get there.  

Ancient people marked the equinox with purpose and care, watching for the moment the sun rose in the east and set in the west. At places like Stonehenge, huge stones were arranged to capture the exact angle of equinoctial light, as if the builders knew this threshold was something worth marking. Recently, archaeologists have suggested that Stonehenge was built not just for religious reasons, but for unification too: its stones come from Cornwall and Wales and Scotland – from all parts of the land. Their slow journey to their resting site on Salisbury plain would have been a chance for celebration and feasting, with thousands of people joining in along the way. It was a journey that would have brought together different people, including groups that had migrated from modern day Europe. Gathering light was a shared effort, and one worth celebrating.  

For the early Celtic world, the equinox was a hinge between Imbolc, the season of early stirrings, and Beltane, the riot of summer. It was a time for reckoning and renewal – counting what food remained after winter, deciding what animals to keep or cull, what seeds to plant. To live well meant paying attention to the balance between what had been and what was to come. Lately, I have realised that it is not change itself that feels hard so much as not knowing the nature of the change that I, that we, will be called to. My young daughter has brought this into sharp focus. On the days when the dark feels relentless and the light seems distant, I find myself fearing for her future. I think of those Celtic people; the way they did not know the future but prepared for it anyway, perhaps in their rituals asking, how do the past and the future speak to each other at this moment, who are we, who might we become?  

Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation.

In a world where crisis seems to be following crisis, it is easy to feel that everything is tipping off balance. The equinox suggests though that equilibrium has never been static, and balance has only ever been fleeting, a transition between states of being. It is a moment of poised readiness, a preparation for movement. The world will keep tilting and tipping as it always has, and we will keep changing as we always have.  

In the Jewish calendar, the equinox often falls near Passover, the great festival of liberation. The story of the Exodus is a story of transition – of leaving behind what enslaves us even when the road ahead is unknown. The Israelites did not step from captivity into freedom overnight. They wandered, and wrestled with doubt, and longed for the certainty of their old lives even as they were being offered something new. Thresholds are rarely comfortable.  

I find myself at a threshold now: I am trying to shape a life that has reformed around motherhood, with past roles and jobs behind me, and the new identities yet to fully clarify. I have been feeling the truth of farmer-author Wendell Berry’s idea that "it may be that when we no longer know what to do, we have come to our real work." This real work has been stimulating but also confronting, as thresholds often are.  

If we are, as many believe, living through a threshold moment in history – where old systems are failing, where climate and conflict threaten the future – how do we walk forward? How do we resist the temptation to cling to what is familiar, even when it no longer serves us? Easter falls just after the equinox. Shoots push through soil, lambs stumble into life, a chorus of birdsong swells, and we remember that nature is all resurrection. Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation. Jesus did not return from the tomb unchanged; he was made new, unrecognisable at first, even to his closest friends.  

The balance of light and dark is fleeting; it does not last; a threshold is not a place to linger. The world is always moving towards light, or toward dark, but always through change, and so are we. Balance is not an end in itself; it is a preparation for change. Perhaps these tilting points of the year are good moments to ask who we are becoming, and what kind of world we want to build, and how we will bear witness to the light, but also to the dark, as we do so.  

This equinox, then, we will turn and face the coming light, but perhaps too we might turn and notice the faces that the light shines on – or doesn’t. Virginia Woolf reminds us that "A light here required a shadow there." When the light comes, darkness will too. These turning points of the year are an opportunity to sit in the truth of that, to appreciate the hope and the beauty of this spring threshold, but also to get to work. We can reach out to those who are experiencing more darkness than us, help build the world in such a way that draws attention to the light like the makers of Stonehenge did, take stock of what has been and who we are becoming, step away from what enslaves us even if we are not yet sure of the shape of freedom.  

We cannot know what will happen next, but we can choose how to move forward. I wonder about those ancient people who somehow moved huge stones weighing up to 30 tons to Stonehenge; I wonder what they saw as they moved through the land, when they looked to the horizon, when they stood in the tension of their own now. They carried not just the weight of stone, but of their own unknowable future. Those ancient people persisted and celebrated and became us, passing on their burden, passing on their particular stone-bound, collectively built way of focusing the light. This equinox, I am thinking about how I can do the same – despite and because of the darkness, despite and because of the unknown path ahead. 

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