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Justice

20 June 2024

5 min read

Mercy of any magnitude is scarce

Today’s cynicism, means justice really needs tempering.

Natalie Williams

Natalie is the chief executive of Jubilee+ and an author.

In a court room a judge looks out across it as a lawyer standing addressing her turns his head to look.

Rhoda Griffis and Michael B. Jordan in Just Mercy.

My friend Jo was killed by a lorry driver while she was cycling to work. She was thirty-four. The driver wasn’t paying attention. A couple of distracted minutes had tragic consequences. One life was lost; many others would never be the same again.

Months later, in court, the driver pled guilty to causing death by careless driving, and the judge warned him that he was facing time in prison. But between the verdict and the sentencing, Jo’s parents wrote to the judge asking him to show mercy.

So he did. The driver didn’t go to jail. He was spared the punishment that our legal system says he deserved. He admitted his guilt, and he didn’t ask for leniency or mercy or forgiveness, but Jo’s parents showed it anyway. They even made a point of going over to him to tell him clearly that they forgave him for taking their daughter’s life.

The court case was covered by national and local media, with one newspaper summing up what had happened with the headline: ‘Death driver shown mercy.’

It made national news because mercy of this magnitude is rare in society today. In fact, mercy of any magnitude is scarce. We live in an increasingly polarised world, where our desire for justice eclipses the beauty of mercy because we cannot see how both could exist at the same time. We want justice, and rightly so. We want people to pay for harm they have caused and we especially cannot abide it when the obviously guilty use their power, wealth or status to get them off the hook.

Extending mercy seems to us to come at the expense of justice. If we forgive, somehow that seems to deny the damage caused.

But cancel culture is rapidly turning our society into a place where anyone with a remotely public profile needs to live in fear of saying or doing anything wrong. We increasingly err on the side of cynicism when someone says they are sorry. We dismiss apologies, even when accompanied with tears and distress, as a stunt or ‘too little too late’ or more to do with being caught than with the original offence. We have become predisposed to assume the worst.

We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution.

I wonder if we have strayed beyond the necessary and right fight for justice into an insatiable appetite for vengeance, which leads us to a place where there is no space for contrition. If guilt is irredeemable, punishment must be permanent and absolute.

We argue that mercy is not deserved. And we are right. But it never is. If it were deserved, it wouldn’t be mercy. The very definition of mercy is that it is undeserved – to receive mercy is to receive kindness, compassion and forgiveness that you have no right to, no claim on, no reasonable grounds to expect.

But a bigger problem with our desire for justice over mercy is that we are not consistent. I know that my default is to want justice when I am wronged, but mercy when I am in the wrong. Who among us has not made a mistake or hurt someone else but then defended our actions by claiming mitigating circumstances or good motives? We want to be forgiven. Even when we know we have done wrong, we do not want to be punished.

I’m self-centred in my approach to mercy and justice. I am also way more lenient when those I love get things wrong than I am when someone hurts someone close to me. I assume that those dear to me had the best intentions, and those I don’t know or don’t like had the worst. My friends meant well; my enemies meant harm.

The Bible presents God as both merciful and just. It repeatedly affirms his concern for victims of injustice and reminds anyone who claims to know him that, if they really do, pleading the cause of the vulnerable and marginalised will be an inevitable (even required) outworking of that. It says that getting justice for the oppressed is more important to God than religious rituals such as fasting from food. In fact, it calls caring for the afflicted and distressed “true religion”.

But at the same time, Jesus told the religious people around him – the justice-warriors of his day who looked out for the slightest misdemeanour in others so they could call them out on it – that they needed to learn that God prefers mercy to sacrifice. Indeed, there is no example in the Bible of anyone pleading for mercy and God denying them. Even the most wicked and cruel abusers of power, if they humbled themselves and cried out to God for mercy, were shown it.

And it is not just God who exercises both justice and mercy. He says that he wants ordinary human beings to act justly and love mercy. In Christianity, justice and mercy are not pitted against each other; they are woven together as time and time again we are invited to live a better way by valuing and practicing both. Jesus criticised the religious leaders of his day for following all sorts of detailed and pedantic rules while neglecting what he called “the weightier matters of justice, mercy and faithfulness” and ultimately he died on the cross in the most astonishing act of faithfulness to bring perfect justice and limitless mercy.

But how do we mere mortals do both? We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution. Without repentance, there can be no reconciliation or restoration. A society that rules out redemption – that says no apology or atonement can ever be enough – will soon become a harsh and hopeless place. Biblical justice always leaves space for mercy. So must we.

‘Natalie Williams' Tis Mercy All: The Power of Mercy in a Polarised World is published by SPCK.

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Conspiracy theory

Death & life

29 August 2024

4 min read

A Bayesian theory of death

The sinking of the superyacht displays the probability, and banality, of death.

George Pitcher

George is a visiting fellow at the London School of Economics and an Anglican priest.

Rescue workers look at the plan of a yacht.

The search for the Bayesian.

Vigili del Fuoco.

On any statistical calculation, the probability of dying by drowning when your luxury yacht suddenly and inexplicably sinks at anchor in the Mediterranean has to be extremely low.

So it’s the cruellest of ironies that tech tycoon Mike Lynch should so die, along with his daughter and five others, having devoted his commercial life to the application of such statistical probabilities. He had named his yacht Bayesian after the 18th-century theorem that introduced the idea that probability expresses a degree of belief in an event.

That doesn’t expressly mean religious belief. But, intriguingly, it doesn’t exclude it either. According to Thomas Bayes, who published his theorem in 1763, the calculable degree of belief may be based on prior knowledge about an event, such as the results of previous experiments, or on personal beliefs about it.

In essence, you don’t believe your yacht will capsize in the night and sink in seconds, because your experience tells you so. That belief can mathematically be included in the probability of it happening.

We can transfer the method into religious praxis. Christian belief in the event of resurrection, for instance, can be calculated in the probability that the deaths of the Lynches and others aboard the Bayesian are not the end of their existence.

It’s an intriguing legacy of Lynch’s work for theologians. But it’s the sheer lack of probability of the lethal event occurring at all that lends it its random banality. It’s that death visited those asleep on a yacht in the small hours that lends this news story such tireless legs, not just that these were super-rich masters and mistresses of the universe.

There have been bitter observations on social media that the Bayesian’s victims have commanded limitlessly greater attention than the many thousands of refugees who die in small-boat crossings of the Mediterranean every year.

This is a category mistake. And again, Bayesian theory can be deployed. Experience supports our belief that crossing the sea in overcrowded and unseaworthy vessels can all too often lead to tragically terminal events. The probability of death is plain. Again, it’s the sheer randomness of the Bayesian yacht event that sets it apart.

If death can visit at any time, there can be no difference in the valuation of long or short lives.

That randomness brings us back to the banality of sudden death among us, almost its ordinariness, something that just happens, often entirely out of the blue. The prayer book has the funeral words “in the midst of life we are in death”, meaning that death is our constant living companion. But that doesn’t quite cut it for me, because it tells us it’s there, but nothing of its true significance.

The tenets of Christian faith are regularly said to be those of a death cult; that it’s a deep-seated fear of death that leads us to avoid it with assurances of eternal life. But it’s the sheer banality of death, as displayed in the randomness of the Bayesian event, that seems to knock down that idea. In its randomness, death looks ridiculous rather than evil.

Conspiracy theories around the sinking of the Bayesian are a kind of denial of the reality of death too. We want there to be more to it than the utterly banal.

Author Hannah Arendt coined the phrase “the banality of evil” when covering the trial of Nazi holocaust architect Adolf Eichmann in Jerusalem. I’d want to suggest that it’s that same banality, that basic human ordinariness, that is the real nature of the supposed grim reaper, rather than his evil.

None of this can comfort the Lynch family, who mourn the loss of a much-loved father and his young daughter, or the families of the others who lost their lives on the Bayesian. But it is meant to go some way towards an explanation of what we mean in Christian theology when we bandy about phrases such as “the defeat of death”. Because it’s not a wicked serpent that’s been defeated, more of a pointless clown.

There is something especially painful about the death of the young, such as that of 18-year-old Hannah Lynch on the Bayesian that night, a young woman on the threshold of life. And – God knows – the even younger lives we’ve read about being taken lately.

But the concept of banality may lead us to another tenet of faith: The completeness of every life. If death can visit at any time, there can be no difference in the valuation of long or short lives.

A poem, often ascribed to a former dean of St Paul’s cathedral, begins with the line: “Death is nothing at all.” That’s wrong, as an idea. Death is as significant an event as birth. But its defeat is in keeping it in its place.

The dignity in simplicity with which football manager Sven-Göran Eriksson greeted his final illness is a masterclass in this tactic for life. Death isn’t to be negotiated, it’s just there.

In the end, death isn’t a Bayesian probability, it’s a certainty, for all of us. The difference, in Bayesian theory, must be the belief we bring to our personal calculations of the probability of the event.