What concerns society is conduct, not opinion: if only our actions are just and good, it matters not a straw to others whether our opinions are mistaken.
Sir James Frazer, Psyche's Task [1909]
When Socrates is convicted of rejecting the gods of the city and corrupting the young he makes a compelling argument for justice. He explains why he must stay in prison and accept the death penalty, rather than escape and go into exile in another Greek city. He puts forth his idea that he has acquired an overwhelming obligation to obey the Laws of Athens because they have not only made his entire way of life possible it is to them he owes the fact of his existence. Through these Laws it made it possible for is father to marry his mother thereby making their children legitimate. Once born these same Laws required his father to care for and educate him. The way in which he flourished throughout his life has been due to these Laws.
What was most important to Socrates, though, was the fact that the relationship between the individual and the Law was not coerced. Once the individual had grown up and was able to judge for himself how the city conducted its business he could chose whether to stay or to take his property and leave. By staying this implied an agreement both to abide by the Laws as well as accepting the punishments that they mete out. This is a good description of an implicit contract, implied by his choice to stay in Athens even when he was free to leave it at any point. He determined that the Laws were just when he was flourishing. He felt he couldn’t now contend that the Laws were unjust when he was no longer flourishing.
When someone chooses to live somewhere with complete knowledge of the conditions under which they live and when they have complete freedom to leave, they have entered into the type of implied contract that Socrates felt he had entered into. A just man is, in Socrates' viewpoint, one who recognizes his obligation to the state by obeying its laws. Because the state is morally and politically the most fundamental entity it deserves the deepest respect and highest allegiance. Knowing this just men act accordingly. Socrates goes on to argue in another essay that justice is more than merely obeying laws in exchange that injustice won’t be done as a consequence. The just man has a well regulated soul which makes him a happy man. This leads to a win-win situation in which the individual is receiving a benefit (happiness) and society is receiving a benefit (just men who do not commit injustices). True justice is more than the simple reciprocal obedience to law. Justice begets just men which begets more justice.
Justice is a two pronged process. It is not just doing something merely for the expected recompense but something which requires the effort of well-regulating oneself. It goes beyond doing just things but truly being a just person. When one accepts to live somewhere, to do a specific job, and has the freedom to leave true justice requires not only abiding by the Laws of where one lives or works but in self regulation. One not only acts just, one is just.
This is justice. Obeying the Laws in of the place where you chose to live when you had the choice to leave and regulating yourself to be law-abiding. This combination leads to both happiness and justice. It is with just people we create a just society, we do not force a just society onto the people.
9 comments:
So ... a society can't be Just if the People can't know the laws, regulations, and other bureaucratic rules that govern them?
In other words, if it is impossible for a Person to know the tax laws/regulations/codes of a society ... that Person can't make an implicit agreement to abide by them ... thus they are Injust laws/etc.
Does Justice reflect laws, or are laws supposed to reflect what is Just? I believe it's the latter. In which case, one can refuse to accept Unjust laws as having any hold upon them.
I believe it is the latter as well.
If one does not understand a law or know a law they cannot make an implicit agreement to abide by it.
For this reason I think a child or a mentally incompetent person cannot be "punished" with the death "penalty". Society must be protected from them, and it must be ascertained as to whether or not they are capable of understanding that what they did is wrong and deserving a certain punishment, and until then to keep them apart from society.
You cannot "punish" someone for doing something they did not agree not to do. On the other hand, you must punish more severely those who misuse the trust that they are given. If someone is meted a harsher punishment for attacking or killing a police officer, or the President of the United States, then should one of those people commit a crime, in their capacity or office, they should receive a harsher punishment.
Justice is executing a molester of a 5 year old child. To imprison him is forcing society to pay for his evil crime.
Justice is executing a gang member that kills, even if the victim was an unintended target. To imprison him is forcing society to pay for his evil crime.
Justice is abiding by the law - and thus eradicating ALL illegal aliens from America, and severely punishing companies that hire them.
No, that is forcing a "just" society onto the people.
This must be why the pro 4-123 and the recall Lee people are an unhappy lot. Just down right miserable.
I cringe with horror at the thought of Burr being on the Commission. Can you imagine how out and out BAD that would BE? It would be the tip of the iceberg of FORCING their will on us.
Wait til you see Josh's solution to the John Seeley case in Jewell. You will certainly question whether there is truly justice in this county. It's unfortunate his daughter wasn't a dog or cat, the pursuit of justice would have been swift and mighty.
Son of a bitch! You mean after he screwed the pooch by calling his key witness a liar in a public ad for his salary he now let the guy off the hook? Where's the FBI investigation on that politically motivated f**k up?
Joshua K. Marquis is our own Michael B. Nifong x 100! Dirty as they come and one hundred times more politically motivated (and sadly more politically protected, eh Bitsy Betsy Johnson?).
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