Dear Friends ,
It seems to me, there are three kinds of justice, the justice of the barbarian, of the citizen, and of the civilization. Each is supplanted by the next. If the justice of civilization breaks down. The police and courts fail. That leads to citizens becoming vigilantes. An eye for an eye… If that fails, justice will devolve to the justice of the wild. A throat for an eye. Sometimes many throats for a perceived harm. As in Haiti today. Even the most ardent anarchist doesn’t or shouldn’t want the justice of the wild. The least we should seek is the justice of the citizen. Striving for civilizational justice. Which is the best form but the easiest to pervert. Nevertheless, under a system of just civilizational justice, people thrive. While under an eye for an eye, people can live, and in a state of nature, people survive, as best they can.
What’s just civilizational justice? Civilizational justice (CJ) as I envision it, is the justice meted out by the police and courts. Thrasymachus described unjust CJ. When it’s impartial, it meets the definition of just CJ. CJ is simply a means. Like any other tool. The justness of the use of that tool is determined by the project it’s applied to. A chainsaw can be used to house people or cut up people’s houses. The result depends on the use. When the police violate our Constitutional Rights to punish us for a legal infraction, the police themselves are committing a greater infraction, than the criminal. Because their infraction leads to tyranny… while ours to disorder. A biased court system is even worse. The eventual disorder (revolution) that will come is a return to justice of the wild.
The justice of the citizen takes over when CJ fails. If the police and courts are no longer of use, then people take matters into their own hands. Exacting revenge for crimes. Murderers are cut down in the street, rapists are castrated, and thieves get a hand cut off. If the punished aren’t the criminals, oh well, their example will caution the real criminals. Gangs, vigilantes and neighborhood watches will naturally form, to amass power, Enabling them to exploit violence and to protect from aggression. The state, that so failed it led to the citizens taking matters into their own hands to restore order, will act to undermine the good citizens, and empower the bad actors. Leading to warlords. Then the justice of the wild prevails, like in Haiti, Syria and Honduras.
When CJ is actually just, people thrive. History speaks loud and clear on this. Doing business becomes more profitable under a system of fair CJ, evening streets become safe for women to walk, and children can go to the store without fear. The corner store doesn’t need bars on the windows and jobs are plentiful. Driving up wages and benefits to workers. Instead of political favor being the arbiter of who gets what, merit becomes that arbiter. The standard of living must go up. Moreover, nothing drives up hope, like prosperity, safety and opportunity. These are the conditions under which families thrive, individuals become healthy, happy and hale, even as the society itself flourishes. Because the civilization is healthy. Which is why people thrive under just CJ.
The incentive for the elite is to pervert CJ to their own ends. Claiming some need help from the State… setting up political favor to replace merit. Some rise above the law as their gangs riot when they’re subjected to it. Unequal application of the law leads to scoffing. Even as the elite deem themselves above it. Leading us to crime by example. By engaging in things we would land in prison for. Like insider trading, libel, and labor laws for example. Once CJ devolves to citizen justice, you’re already on a slippery slope to barbarism. So it’s best to address issues with CJ before they get out of hand. Apply CJ to elevating merit and crushing political favor. Impeach partial judges, have police enforce laws against violence, instead of thought crimes, and hold the elite to the standard they hold us to.
Sincerely,
John Pepin
