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Justice

Justice and Injustice

Donald W. Shriver, Jr. on What Trials Cannot Do

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Court trials cannot: prosecute the dead, secure direct testimony from the dead, or repair damages done to the lives of the dead; truly match punishments to crimes when the crime consists of the murder of many victims; put institutions and systems on trial; within usual rules against self-incrimination and torture, compel perpetrators to confess; summon classes of offenders newly tagged as such without engaging in the ambiguities of ex post facto prosecution — an ambiguity abolishable by legislative grants of general impunity; avoid, in most societies, the skewing influence of money and power on the effectiveness of prosecution and defence; always implement distinction between retribution and vengeance, especially in response to public demand for the latter; guarantee ‘closure’ or satisfaction among victims that justice has been done once a perpetrator has been punished, a problem further exacerbated by the traditional western judicial system which largely keeps victims on the margins of the whole process; always avoid adversarial abuse of plaintiffs, defendants, and witnesses; avoid scapegoating, especially in trials of leaders who required large constituencies for carrying out their crimes; or escape from the danger, inherent in the adversarial trial system, that the courtroom will become a playing field in which the most skilled, rather than the most truthful, side will win.

Thomas Cahill on an End to the Everlasting Hills

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Is not the desire of the everlasting hills that they be saved from their everlastingness, that something new happen, that the everlasting cycle of human cruelty, of man’s inhumanity to man, be brought to an end?

What Do We Deserve?

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The concept of desert, which once enjoyed a central place in political and ethical theory, has been relegated to the margins of much of contemporary theory, if not excluded altogether. Recently a renewed interest in the topic has emerged, and several philosophers have argued that the notion merits a more central place in political and ethical theory. Some of these philosophers contend that justice exists to the extent that people receive exactly what they deserve, while others argue that desert should replace such considerations as rights, need, and equality as the basis for distributions. Still others argue that morality involves a fitting match between one’s moral character and a degree of happiness. All of these positions have encountered opposition from egalitarians, libertarians, and those who are skeptical about the coherence of the concept of desert. The first anthology of its kind, What Do We Deserve? is a balanced collection of readings that brings sharply opposing positions and arguments together and stimulates debate over the meaning and significance of desert in current thought. The book begins with eight classical readings on desert (by Plato, Aristotle, Hobbes, Smith, Kant, Mill, Sidgwick, and Ross), and later turns to contemporary interpretations of the issue. The selections examine the concept itself, analyze its relationship to the ideas of freedom and responsibility, engage in the debate between John Rawls and his critics on the merits of desert, and, finally, study the wider role and significance of desert in political and ethical theory. ~ Product Description

David James Duncan on Sehnsucht

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To describe in words makes the kingdom sound stark and empty, like the scrub desert of eastern Washington or something. But this is only because words can’t explain the feeling that everything had. The fullness of things only made you notice this feeling more. The air, for instance smelled something like sea air, but whereas sea air makes you hungry, kingdom air made you full, and it wasn’t a fullness like when you’re stuffed from overeating: it was more like foodless fullness you get at the end of a really good movie. Like when the Captured Girl is about to be killed because she won’t tell The Secret, and she takes a last look at the hills with tears in her huge brown eyes, and here comes The Hero you thought was dead, riding down out of nowhere with his sword flashing or gun blazing, making hamburger out of Evil while the music surges through you and the goose bumps shoot up and down you. That sort of fullness. Like I said, I can’t explain it.

Martin Luther King, Jr. on the Justice of God

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At times we need to know that the Lord is a God of justice. When slumbering giants of injustice emerge in the earth, we need to know that there is a God of power who can cut them down like the grass and leave them withering like the green herb. When our most tireless efforts fail to stop the surging sweep of oppression, we need to know that in this universe is a God whose matchless strength is a fit contrast to the sordid weakness of man. But there are also times when we need to know that God possesses love and mercy. When we are staggered by the chilly winds of adversity and battered by the raging storms of disappointment and when through our folly and sin we stray into some destructive far country and are frustrated because of a strange feeling of homesickness, we need to know that there is Someone who loves us, cares for us, understands us, and will give us another chance. When days grow dark and nights grow dreary, we can be thankful that our God combines in his nature a creative synthesis of love and justice which will lead us through life’s dark valleys and into sunlit pathways of hope and fulfillment.