with Rev Dr Chris Walker
Justice
I have been reflecting on justice, a concept that has a number of connotations. It has to do with fairness, rightness, even-handedness, honesty and reasonableness. While impartiality is meant to be involved inevitably there is a subjective element. The desire for justice often arises out of experiences of injustice and unfairness. If violence and dispossession are involved the sense of being treated unfairly and of loss are strong. Seeking justice can mean wanting to see the perpetrator punished. Revenge is a strong motivation to get back at those who have inflicted violence and injustice. Justice and the law do not always go together well despite the intention to do so. Three words associated with justice that I find helpful are: punitive justice, distributive justice and restorative justice. So I will expand on each of these.
I begin with ‘punitive’ justice, which is about punishing the person for a crime committed or because they are not conforming to the law. This is more than ‘retributive’ justice which considers punishment, if proportionate, to be an appropriate response to crime. This holds that the severity of a penalty for a misdeed or wrongdoing should be reasonable and proportionate to the severity of the infraction. Punitive justice, however, goes beyond this and leads to suffering on the part of people who often have few avenues for addressing their situation. Here I am thinking of the high incidence of Aboriginal and Torres Straight Islanders in prison and the plight of refugees and asylum seekers in off shore detention centres. The detention centres on Naru and Los Negros Island, Manus Province in PNG are operated by Transfield Services and have notorious conditions for people who have not committed a crime but are not welcome in Australia.
In the past decade there has been a 20% increase in the Australian prison population driven by a political will to be seen to be strong on law and order. As at June 2015 there were 36,134 prisoners in Australian prisons, a 7% increase in one year. Over a quarter, (27% or 9,898 prisoners) were unsentenced. There were 9,885 prisoners who identified as Aboriginal and Torres Strait Islander which was over a quarter (27%) of the total Australian prison population, again a 7% increase in one year. Yet they represent approximately 2% of the Australian population aged 18 years and over. Australian society is failing and punishing these indigenous people by putting them in prison so readily.
‘Distributive’ justice concerns the allocation of goods and wealth in a society. This also relates to the process by which goods are distributed and allocated to members of the society. It has to do with fairness in relation to how rewards and costs are shared. For example, workers should be paid a fair wage for their work and there should be equal pay for equal work, whether the person is male or female. Often workers are exploited and are forced to accept unhealthy conditions. If cost cutting is required they are the ones to lose their jobs or have wages reduced. Workers in third world factories and farms are obvious instances of this especially women.
The gap between the very rich and poor is becoming even greater in our world. Studies have found that the three richest people in the world possess more financial assets than the lowest 48 nations combined. A January 2016 report by Oxfam claims that the 62 wealthiest individuals in the world have a combined wealth equal to that of the bottom 50% of the world’s population. The wealth of the richest 62 increased by more than half a trillion dollars whereas the wealth of the poorest has fallen by a trillion dollars since 2010. Tax havens benefit the rich and multinational companies. As much as 30% of all African wealth is estimated to be held off shore. This lost revenue could be used for healthcare and education and save millions of lives. Extreme poverty could be readily eliminated by 2030 if companies and rich individuals paid their taxes. The wealth of the super-rich comes at the expense of the majority and especially the poorest people.
Finally, here are a few words about ‘restorative’ justice. This is an approach to justice that focuses on the needs of the victims and the offenders, as well as the community. This contrasts to more punitive approaches which aim to punish the offender or satisfy abstract legal principles, such as national sovereignty. Victims have an active role in the process. Offenders are expected to take responsibility for their actions. This involves apology, returning stolen money and repairing the harm they have done where possible. Community service is generally required. The restorative justice approach aims to lead the offender into a productive life that avoids future offences. Restorative justice that fosters dialogue between the victim and offender has shown the highest rates of victim satisfaction and offender accountability.
The Christian faith favours this restorative justice approach. Justice is a major biblical concern. The prophet Amos criticised the powerful of his day saying, “They sell the righteous for silver, and the needy for a pair of sandals. They trample on the heads of the poor as upon the dust of the ground and deny justice to the oppressed … But let justice roll on like a river and righteousness like a never failing stream!”(Amos 5:24). The prophet Micah said that God requires us “to act justly and to love mercy and to walk humbly with your God.” Jesus calls us to “strive first for the kingdom of God and his righteousness”(Matthew 6:33). Jesus’ life and teaching show a concern especially for the least and a criticism of those who misuse their wealth and power. The reign of God he proclaimed was one in which God’s justice, compassion and peace would prevail. We are to seek that now.
Chris Walker
(National Consultant Christian Unity, Doctrine & Worship)