The Virtue of Justice and Lawmaking
by
Christopher Dodson
Executive Director, North Dakota Catholic Conference
May 2009
This column continues the examination of the cardinal
virtues and how they should guide the making of public
policy.
The second cardinal virtue is justice. The Catechism
defines justice as “the moral virtue that consists in
the constant and firm will to give their due to God and
neighbor.” “Justice toward men disposes one to
respect the rights of each and to establish in human
relationships the harmony that promotes equity with regard
to persons and to the common good.”
Justice, therefore, concerns making things
“right” by giving each person his or her
“due.” What is a person’s
“due” and from where does it come? The need to
do justice comes from the obligation to respect the dignity
of every human person. This dignity comes from being
created in God’s image. Failing to respect human
dignity, including failing to do justice, is to disrespect
God.
There are three kinds of justice. Commutative justice
concerns the relationship between one individual and
another. Legal justice concerns what the individual owes
the community. Distributive justice concerns what the
community owes its citizens.
Since justice concerns relationships to another, it has
much to do with public policy. Indeed, Pope Benedict XVI
writes in the encyclical Deus Caritas Est: “Justice
is both the aim and the intrinsic criterion of all
politics” and that the origin and goal of politics is
found in justice.
In the making of public policy, the virtue of justice can
take two forms. Justice is both the goal of politics and
the means of politics. To put it another way, we must do
justice to achieve justice. Justice must exist in the means
and the ends.
The ends of justice are achieved when legislation furthers
commutative and legal justice and accomplishes distributive
justice. For example, laws establishing and enforcing a
system of contracts, public safety, and taxation further
those ends.
Distributive justice is the primary function of those in
political life. In part, it also concerns matters such as
pubic safety and taxation, but it also concerns
establishing a political system whereby everyone receives
that which is essential to his or her dignity. In Catholic
teaching, this means life, education, health care, work,
food, shelter, and religious liberty. These are due to
people as a matter of justice. They should not be
considered gifts dependent upon charity.
When the North Dakota legislature considered whether to
expand the state children’s health insurance program
to cover children without health care, it was a question of
justice. When it passes legislation to protect the unborn
and help pregnant women, it acts for justice.
It is also important for legislators to exercise right
reason, prudence, and understanding when enacting laws in
the name of justice. Otherwise, government can grant what
is not due. Giving the rights and privileges of marriage to
same-sex couples, for example, is contrary to justice, as
is giving tax breaks to friends or special interests
without first taking care of the needs of the poor.
The methods of achieving justice also require the virtue of
justice. The virtue of justice demands that legislators
treat each other with respect. Political games, favoritism,
and refusing to work with certain legislators runs afoul of
the virtue of justice. Even partisan politics can
contradict the virtue of justice. The guiding rule for
politics should be the Golden Rule - do unto others as you
would have them do to you.
The same call for justice applies to lobbyists and citizens
involved in public policy. Of particular importance today
is how we act in the anonymous, but still influential,
blogosphere. Ask before posting: Would you want someone to
write something about you the way you are about to write
about them?
In all types of actions, the virtue of justice obligates us
to get the facts, reflect on them, and to exercise
prudence. Too often good people, including our bishops, are
treated unfairly by people who have not done their
research. Some people care little about the underlying
issue, but just want to humiliate the subject of their
communications.
Virtues put our bad tendencies in check. We need more of
the virtue of justice in politics.
