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Morality
and Economic Justice |
| [Reprinted from GroundSwell,
May-June 2004] |
To explore the relationship between morality and economic justice, it
is important to define both concepts carefully. With each concept, it is
useful to provide a definition in two stages. In the first stage, one
specifies the general nature of the concept, and in the second, and
perhaps more controversial stage, one specifies the particular content.
Beginning with morality, a first-stage definition of morality is that
it describes the way good people behave. This is a description of
morality that one might reasonably expect to be non-controversial. In
the second stage of the definition, one specifies how it is that good
people behave.
Consider a famous quotation from Luke (10: 25-29): Just then a lawyer
stood up to test Jesus. "Teacher," he said, "what must I
do to inherit eternal life?" Jesus said to him, "What is
written in the law? What do you read there?" The lawyer answered, "You
shall love the Lord your God with all your heart, and with all your
soul, and with all your strength, and with all your mind; and your
neighbor as yourself." And Jesus said to him, "You have given
the right answer. Do this and you will live."
But wanting to justify himself, the lawyer asked Jesus, "And who
is my neighbor?" Jesus replied with the parable of the Good
Samaritan, which makes the point that everyone is our neighbor. Thus
Jesus was saying that the meaning of "love your neighbor as
yourself is that we must love everyone as we love ourselves: There is an
interesting parallel between Jesus' prescription in the parable of the
Good Samaritan and the Utilitarian prescription that what is good is
what maximizes the total happiness of all sentient being. Both
prescriptions say that a good person, a moral person, will count his own
well-being as no more and no less important than anyone else's, in
deciding what to do.
If morality consists of counting the well-being of all persons equally
in deciding what to do, the difficulty with morality is that we need to
be saints to follow this prescription. And there are few saints among
us.
Now consider justice. At the first definitional stage, justice is the
principles of equality and evenhandedness that explain why coercion is
acceptable. Evidence that this is what justice is comes from the image
of justice that adorns many public buildings. Lady Justice, the Greek
goddess Themis and Roman goddess lustitia, has a sword in her right
hand, a pair of scales in her left, and a blindfold across her eyes.
Actually, the blindfold seems to have first been added by German artists
in the 16th century, who wanted to suggest that people were interfering
with the clear vision of Justice. But the symbol was re-interpreted as
demonstrating impartiality, and has remained. Lady Justice does not need
to see who you are to know how to treat you. She treats all alike.
The scales are also subject to at least two interpretations. Some say
that Lady Justice places the arguments of disputants in the two pans of
her scales to see which has the greater weight But there is another use
of scales. They can be used to ensure equal division. A divisible
substance of value is divided justly when the portions in the two pans
balance. This is the interpretation that I prefer.
The sword symbolizes the willingness to threaten or use force to ensure
that people abide by the dictates of justice. The feminine gender of
Lady Justice adds to the credibility of the idea that someone with a
sword might use it only to ensure that justice is done, and not for
self-aggrandizement.
The second part of the definition of justice specifies the content of
the principles of equality and evenhanded-ness that justify coercion.
One possibility is that justice is the process that we use to ensure
that people behave morally. I believe that this is a misunderstanding of
justice. If justice is used to require people to be moral, then morality
as human decisions to do what is right disappears. Furthermore, it is
dangerous to trust anyone with the power that is necessary to ensure
that people behave morally.
Finally, there is the biblical injunction, "Judge not, that you be
not judged." To me, this does not mean, "You better not judge
others, or else God will judge you," but rather, "If you go
around making judgments about who deserves to be punished for their
lapses tit behavior, you are likely to start subjecting your own
behavior to the same scrutiny, and you will suffer from your own
judgment of yourself." It is not healthy to encourage people to
judge others.
As an alternative to justice as enforcing morality, I suggest that
justice is what we fall back on when different ideas about morality
bring us into conflict. Morality is a sphere in which each person is
allowed to make his or her own decisions, while justice is based on a
few principles that are so fundamental that breaches of them cannot be
tolerated.
I suggest the following two basic principles of justice.
- 1. Every person has a right to himself or herself.
- 2. All persons have equal rights to the gifts of nature. The
fundamental role of a right to oneself in Western thought is
reflected in the abhorrence we feel toward countries that try to
prevent their citizens from leaving. Whatever else justice may mean,
it means at least that people are allowed to separate themselves
from those whom they feel are oppressing them.
The idea that justice requires equal sharing of the gifts of nature is
less obvious. The gifts of nature are land, minerals, water, the
frequency spectrum, geosynchronous orbits, and anything else that is
scarce, not incorporated in human bodies, and not the product of human
effort.
The plausibility of a principle that all persons have equal claims on
the gifts of nature can be appreciated by considering the alternatives.
Present human practice allows for claims on the gifts of nature based
either on having appropriated a thing first, or having held it for a
fairly long time since grabbing it from someone else. If first
appropriation is allowed as the basis for a respectable claim, then it
is possible that all land will be claimed, and a person who is supposed
to have a right to himself will have no where to exercise that right.
When he says, "If that is yours, where is mine?" he is told, "You
don't get any. You didn't get here soon enough." A rule of just
ownership by first possession also induces people to waste resources
trying to be first.
When recognition is granted to claims on the basis of the amount of
time that has passed since their unjust origin, grabbing from previous
claimants is encouraged by the prospect of the recognition that will
come if one can just hang on long enough to what has been grabbed.
Saddam Hussein might reasonably have calculated when contemplating the
invasion of Kuwait, that, based on past human practice, if he just
managed to hold onto it for a few years it would be recognized as just
as legitimate a part of Kuwait as any other region was a legitimate part
of any nation. We recognize the inherent equably of all humanity when we
recognize an obligation of every person and nation to leave gifts of
nature for everyone else of the same value as what they appropriate for
themselves.
Such a rule has an interesting effect on the interaction between
morality and justice. People who have rights to themselves may want to
use those rights to form communities or nations that impose moral
standards on their citizens, standards such as an obligation to support
those in need by providing a specified fraction of one's income. A
person who is reluctant to abide by such a rule can say, "Don't I
have a right to myself? How is it just that you seek to impose this
obligation on me?" When an obligation to share the gifts of nature
equally is recognized, such a person can be answered, "We have
appropriated for ourselves only our share of land and other gifts of
nature. We have left gifts of equal value for you. Our rules represent
our conception of a good society-what we wish to devise with our shares
of the gifts of nature. If you don't like it, you are free to combine
with others who share your vision of a good society, using your share of
land and other gifts of nature."
Thus a concept of justice based on the right of every person to himself
or herself, and on equal rights to the gifts of nature, makes it easy
for people who disagree with each other about morality to treat each
other with respect, each continuing his or her efforts to persuade
others to adopt a particular morality while respecting the rights of
others to themselves. Justice specifies that when we disagree with one
another about what morality requires of us, we should each be able to
appropriate an equal share of the gifts of nature, on which to pursue
our own conception of morality.
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