Justice or Judgement?
Trial Attorney Anne Bremner, says we are living in an age of
judgements rather than justice. Her book ‘Justice in
the Age of Judgment’ examines trials in recent history heralding a new era of
trying cases in public as much as the courtroom.
This is not a new
phenomenon. The trial by the British Raj of the Karachi Seven at Khalikdina
Hall in 1921 was a very public affair and reported daily in the press. Medieval Inquisition trials conducted across Europe
were held in secret but punishments were public including the burning at the
stake of women accused of witchcraft. The Sufi Mansur Hallaj after being
confined for 11 years was brutally executed in public. Why are people so keen
to see justice being done? Is it an
assurance for a safer future? Is it to be reminded of the limits imposed by
society?
While courts make
judgements, the question may be raised: was justice done? Doing the right thing
is justice, while a judgment is the decision of the court based on arguments
presented. Judgements can be perverse (iudicium perversum), or rash (iudicium
temerarium). Compassion and forgiveness are an essential part of justice, while
court judgements follow prescribed laws.
Seeking justice for
others is seen as a moral obligation. There is however the danger that
mobilising the oppressed to seek justice, may make them into the oppressors
they condemn. The idiom "judge, jury, and executioner" originally a
necessity in the remote wild west of America, is now a phrase that suggests the
denial of the due process of justice. In Islam the burden of proof is placed on
the accuser and a person is presumed innocent until proved guilty. As Jesus
Christ said when the people were about to stone a woman for adultery, ‘let he
who has not sinned cast the first stone’ at which all stepped back.
Philosophers from
ancient times to today have debated the true nature of justice. In all
religions it is a divine command. There is no justice in nature – only
adaptability. Justice seems to be a purely human concern. John Rawls says "Justice
is the first virtue of social institutions, as truth is of systems of
thought." Al Kindi regards Justice as central and above all human virtues,
and embodies the task given to humans as the representatives or khalifah of
Allah, to implement Adl on earth.
Justice or al-adl’
in Islam means placing something in its rightful place, bringing back the
equilibrium – the mizan. Everyone is responsible and answerable for his
actions. Adl holds society together and transforms it into one brotherhood, where
each is responsible for the welfare of all. Plato similarly says justice is
about balance and harmony, important for the smooth functioning of society and
for equality. Taoist sage Lao Tzu stated
‘When the original harmony was lost, laws arose.’ Human intervention by formulating
laws was needed to restore harmony.
The belief in
resurrection on the day of judgement in Islam brings a more subtle question: can
one be unjust to one self? The soul will not be able to deny what its body had
done - its eyes, tongue, hands and feet
will testify its acts of injustice to itself. Wronging another is really
wronging the self.
But man’s
judgements have always fallen short. Seeking
justice is different from doing justice. There have been some bizarre trials.
Pope Formosus was taken out of his grave, dressed in his robes and tried and
judged in a court. Socrates had to pay the price with his life for the actions
of his students, the Thirty Tyrants of Athens. In everyday life, journalists
judge people and state policies. Artists judge society, such as the paintings
of Otto Dix or Rashid Rana, and then society judges the artist. Manto was
judged for judging society.
Women are probably
the most judged members of society. Ironic given that justice is always
represented by a woman from the first known symbol of justice – the Egyptian
goddess Maat, to the Roman goddess Justitia. The symbol has persisted to our
times, holding the scales of balance in one hand and the sword of enforcement
in the other. The image of justice being blindfolded first appeared in a statue
by the Swiss sculptor Hans Gieng in 1543. Originally a satirical comment to
show Justice as blind to the injustice carried on before her, it was later
reinterpreted as impartiality.
Establishing justice is not a comfortable act even if its
intention is to redress an imbalance.
Durriya Kazi
September 3, 2024
Karachi
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