Justice For All

The 4th of July is a great day to re-read, or read if you’re of the sort who can’t otherwise be bothered, the Declaration of Independence.  There are a number of other blawgs that will off the words of anger and inspiration to you.  No need for me pile on.  My past posts on Independance Day have offered something of a running commentary on the state of the nation.  Here’s 20072008 and 2009.  Today, the United States of America enters its 234th year. 

When I was a child, I often thought about my enormous fortune of being born in America.  Though I came from middle class stock, I lived a great life.  I know this because my parents told me regularly.  It’s likely that the constant harping during dinner about eating my vegetables because there were children starving in Africa (later changed to Biafra) also had an influence.

Yesterday, I asked my son whether he ever thought about what his life would be like if he was born in another country.  Neither my wife nor I ever told him to eat his vegetables because there were children starving in Africa (or anywhere else, for that matter).  He said he did, and that he thought was better off for having been born here.  But he also told me he didn’t think about it too much.  He watches Stephen Colbert, Jon Stewart and Tosh.0, and tends to be skeptical about politics.

There are so many things that we could do better here, and so many stumbling blocks that prevent us from accomplishing the goals of the Declaration of Independence.  Yet, Americans live a very good life.  Often misdirected, with far too much emphasis on the material and personal status.  A cynical view is that we’re herded that way so that we don’t spend too much time thinking about the more important things, the things that this nation isn’t as good at providing.  When the economy tanks and we lack the wherewithal to buy shiny things, our minds wander to more existential matters like freedom.  But then the economy improves and we go right back to worrying about the new car we desparately need to show our neighbors that we’re as good as they are.  Maybe better.  This is the good life we lead.

Mark Bennett wrote about a law student who announced her desire to become a prosecutor because she wants to seek justice.  Commenters argued about whether prosecutors seek justice, but it’s beside the point.  There have been a number of instances over the past year where young lawyers talk about justice being their prime motivation.  Bennett notes that prosecutors and criminal defense lawyers are primarily divided by the relative balance between safety and freedom.  Both can couch their positions in terms of justice.  Neither owns the word.

On the one hand, it’s far better that law students and young lawyers concern themselves with justice rather than, say, BMWs.  Of course, I’ve left the denizens of JD Underground out of the mix, and perhaps the calculus would be different if more weight was put on their concerns.  Then again, they may simply be at a lower point on Maslow’s Hierarchy of Needs, skewing their views.

I ought to be thrilled that so many young people are concerned with justice.  While I am to the extent that it matters more than material possessions, there is a dark, troubling aspect to it as well.  They all seem to have a firm, unshakeable belief that they know what justice is, and that they believe their purpose in life is to impose it on others. 

I don’t know what justice is.  I know what justice is to me, but there is no objective measure of justice.  It’s where each of us find the right balance.  Justice to the crime victim isn’t the same as justice to the criminal defendant.  Justice to the employee isn’t justice to the employer.  Justice to the liberal isn’t justice to the conservative.  And so it goes on.  The very first post on Simple Justice was about the meaning of justice.

America has provided me with a wonderful life.  My son has enjoyed a better life than I have, thus far at least.  But as much as I love him, and I adore the kid, I wouldn’t let him define justice for me.  I most assuredly wouldn’t want him to impose his version of justice on me.  Or on you.  Fortunately, he will get his learner’s permit in less than a month, and may have more pressing concerns than justice.

Despite the ongoing economic problems, the still-spewing oil in the Gulf of Mexico, the fighting without end in Afghanistan and Iraq, and a nation perpetually confused by the meaning of the Declaration of Independence, we still live a better life her than many other people do elsewhere.  That’s an accomplishment worth appreciating.

Whether we can overcome those who believe that they know what justice is, and plan to improve our nation by ramming it down our throats, is an open question.  We might be better off in the long run if they just enjoyed life in America and worried about getting a BMW. 

Enjoy the 4th of July. 


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5 thoughts on “Justice For All

  1. Sojourner

    Scott, I completely agree with you. The lady in question has no understanding of what justice is. Thank you for remind us.

  2. Nancy Myrland

    Scott, great post as it touched on many levels, but also because it pointed out that which is very important. Not one of us can decide what the definition or meaning of a specific word, action or thought is for another person. There will be definitions, laws and precedent that help guide us toward a more common-sense explanation, but to pretend we know what is right for another because it is right for us is not fair, right or open-minded, nor does it let human beings be human beings. Thanks for sharing on this important day of celebration.

  3. Albert Nygren

    I am 67 y/o. When I was a boy, justice was the guilty being convicted and the innocent being set free. Justice was everyone having a level playing field so that it was his intelligence and hard work that depended on how far he got in life, not what family he was born into or the color of his skin.

    Now the media and our President seem to be saying that Justice is having a 3 bedroom house, relatively new car, good clothes, a vacation at least once a year, good food, as many children as we want, and free health care; all funded by the federal government and independent of whether we have worked at all or stayed in school and done our homework.

    I would think that justice would be inseparable with liberty and lack of the government sticking it’s nose in my affairs. I have always been concerned about liberty even when I was a little boy.

    It seems to me that little by little we have lost a lot of our liberty and since our current president has been in office we have lost big chunks of it. I think that now is not the time to restrict our concern to whether we get a new BMW or not; that if we don’t stop those who are taking our liberty away from us that soon we will have no liberty at all. What will we be able to say about justice then and who will listen?

    Now as we celebrate our fighting to gain independence from King George of England, we seem to be giving away our independence to King Obama. King George of England said that if we submitted to his rule that he would take care of us inferior people (Noblesse Oblige). Now King Obama is saying the same thing for that is what Socialism is. Personally, I want Liberty, King Obama can take his Socialism and stick it where “the sun don’t shine”.

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