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Justice and Punishment

Eoin Hughes
Templeogue College


TY Philosophy

As our society evolves, so do our concepts of the world, how it works and how we should interact with it. As it evolves new things are discovered, either as a result of this evolution or, more frequently, as a cause of this adaptation. Our society might seem to be at a standstill at the moment as it always seems but, now, we are evolving faster than ever before.

As an example, just before the 1900s alcohol was perfectly acceptable in America. During the 1920s, the 19th Amendment was passed in Congress, banning the possession, consumption or sale of alcohol. This was because their society believed it was wrong to drink alcohol and damage oneself in such a way. When illegal sale and possession were rampant, the 19th Amendment was repealed. This was because, quite simply, everyone was doing it.

This is the essence of the start of the speech made by the main character in 'Midnight Express'. His words were 'What is wrong in this society? Who is to decide what I did was wrong? Something is made illegal because some society thinks it's wrong. Something is made legal again because everyone is doing it and you can't arrest everyone...'. That is what happened with the 19th Amendment.

In my eyes, Justice is equality and as a result, Punishment is the execution of justice. But I feel that Justice is not standard everywhere, not even in the same country, county, town or even village, it is almost never exactly the same. It is like the human body, it may be similar in some cases, but each one is individual. If someone has done someone else an injustice, that other person will try to punish the first. Punishment is, as I said earlier, the execution of justice, and if justice is perceived differently by each person, then the act of 'righting the wrong' will rely solely on that person's perception of justice.

The form of punishment that the Old Testament believed was 'proper' was the concept of 'tit-for-tat', which was covered in Exodus 21:22 - 'if me who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands. But if there is a serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, burn for burn, wound for wound, bruise for bruise'. This concept was then changed to 'if someone strikes you on the right cheek, turn to him the other also'. (Matt. 5:8), which a man, to live a pious life, must do. This was not a good form of justice in the eye of the common man, because it does not give the man the satisfaction of punishment.

For men like that, justice is an excuse for violence. They claim that it is a form of punishment. Wars start because they are punishing others for punishment. One party (Country 1) feels justified in taking some action against another party (Country 2). Country 2 feels that Country 1 was not justified in taking that action and therefore punishes Country 1 for taking that action and therefore feels justified as 'they did that unto them'. Naturally, Country 1 feels that Country 2 have no call doing that to Country 1, and responds with a larger action and Country 2 might respond with an even bigger action so as to deter Country 1 from trying a larger action as this could lead to Nuclear War and Mutually Assured Destruction. Sometimes, one party continues to aggravate the other and war breaks out, or they may back down, although that shows weakness and could lead to further exploitation by the other Country.

This shows how justice can lead to suffering, the very thing it was set up to prevent, and how a third party is necessary to prevent further war. If Country 1 takes action against Country 2, the third party takes action and dictates to both Countries who is justified. The situation, if caught early, might not happen, as both parties will see who is right and who is wrong, if it is possible. Of course, this is only in the ideal world, and this, being an imperfect world, means that it may be in the third party's best interests to support Country 1 in most or all situations.
For example, let us assume that Ireland is the third party, and Iran and Iraq are the two other parties. If Iraq takes action against Iran and Ireland is called to intervene, and Iraq sells oil cheaper to Ireland than Iran, the it is Ireland's best interests to lean towards Iraq's side of the story. As a result, Iran will take offence and will sell oil at a higher price than usual to Ireland. By doing this, there is a greater incentive to take sides with Iraq, because of the hate barrier building up between Iran and Ireland. This will lead to a vicious cycle of taking sides with Iraq. So, Ireland will be closest to impartiality the first time, but at no time other than that.
That leads to a problem with dealing out justice. But the solution is simple. If the problem is about oil and prices between Iraq and Iran, then an oil-rich country should be the third party, because it has nothing to gain. A good example of a third party for that would be Saudi Arabia. However, real war may break out between the two parties, the third party and one of the others. So that country has no incentive to be the third party so someone must police these 'police' and so on ad infinitum.

There must be one party to oversee how justice and the appropriate punishments are dealt out. This means a common idea of justice, but it is like beauty. Beauty is in the eye of the beholder, as is justice. No matter what the intervention, no party will ever truly be satisfied. The reason is human nature and it is hard to change that.

According to Marx, at least two hundred years would be necessary for Communism to become a feasible idea. That two hundred years is a cocoon for society to metamorphose into a society ready for Communism, and with this concept of Communism is that of a common idea of justice. I am not implying that Communism is an end in itself, but a means to an end. That end is true justice. However, our society is rapidly moving in the other direction, driven by greed for money and power.

The age of Marx's dream is a distant speck on the horizon, and we are travelling further away while still looking at it in disgust. We are travelling backwards, away from this speck. Maybe that world which has Marx's dream on the horizon is round and we will achieve true justice without need for its implementation. We might arrive at the point of true justice through Capitalism, but it will be a longer journey. But whichever route humanity as a whole chooses, I wish it good luck and I hope it reaches the true destination before our destruction as a result of our differing views of justice.

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