Chapter 1 - Justice

Chapter 1

Justice

               A lot of people do not believe in Justice in the United States today.  There are stories every day of injustice.   Some of them are true and some of them are the result of irresponsible news writers and reporters trying to fill some space on a page or a minute on national television.

               Some politicians cry out against injustice so that they can draw attention away from other things they may be doing – like trying to get reelected or not doing – like their job.

               The Justice I am writing of here is American Justice.  That can rightly defined as “the quality of being just; righteousness, equitableness, or moral rightness”.  In today’s America the word ‘moral’ can start an argument at the drop of a hat.  The truth is that in today’s America moral education has been neglected because religion has been under attack.  It can also be said that in many places religion has been attacking the government as well.

               The problem that resulted is that moral education is not imparted in an official manner.  It is not a regular part of most school curriculums because religious education used to provide this support and framework.  In modern America often decisions regarding right and wrong, whether to steal or not, whether to kill or not are either avoided completely or given the same sort of light touch that goes along with finger painting.

               American Justice is still strong, however, and has a long history.  At the core of it is the inner desire of the individual to be just, righteous, equitable and morally right – in short – to be human.  Without Justice of this kind many abuses take place.  The society and government at large become unequal to any task put before them because their response to the task has been set in such a way that is wrong at the beginning – and so – excluding some miracle of judgment – the result will be wrong.

               President Abraham Lincoln had this to say and I think it somehow describes the idea of American Justice I want to impart to you, “If some men will kill, or beat, or constrain others, or despoil them of property, by force, fraud, or noncompliance with contracts, it is a common object with peaceful and just men to prevent it.”

               I prefer this supporting definition by Abraham Lincoln in this case because it makes it clear that peaceful and just people themselves are responsible to ensure that justice is done.  In this case – what is justice or American Justice?  It is to ensure, of course, that men and women disposed to killing, beating or restraining others who take the property of others for force, fraud or lying will not prosper.

               In that case, then, is not American Justice a good thing and something to advocate for and work towards?  It is not enough to listen to some reporter or politician talk about the lack of American Justice – each American – you and I included – need to ensure that what is being said is true and has substance.  If so – then the wrong must be righted and swiftly too.

               If it turns out that the story we have been told in this instance is false then it is with American Justice we must deal with the reporter or politician that told the lie and tried to influence circumstances for their own selfish ends.  You see – if they had done that – lied to us – then they are the brutish, ignorant people that American Justice is set against.

               Here is what President George Washington had to say about American Justice and how it was to be administered and imparted through the government, “Impressed with a conviction that the due administration of justice is the firmest pillar of good Government, I have considered the first arrangement of the Judicial department as essential to the happiness of our Country, and to the stability of its political system; hence the selection of the fittest characters to expound the law, and dispense justice, has been an invariable object of my anxious concern.”—George Washington, in a letter to Attorney General Edmund Randolph concerning the selection and qualification of U.S. attorneys and judges (1789)

               Mainly what he was saying there was that he was paying close attention to the persons being selected as United States Attorneys and Judges.  Obviously, if bad persons or persons inclined to killing, beating or restraining others who take the property of others for force, fraud or lying were appointed to these posts then they would be dangerous to American citizens as well as to the national interest.  In the first place they could hurt good, law abiding citizens by their actions and inactions.  In the second place should they come in contact with foreign embassies or agents their own bad behavior might be taken as the norm and rule of American society and all sorts of evils would descend from that – not the least of which would be corruption and war.

               President Thomas Jefferson had this to say about American Justice, “I tremble for my country when I reflect that God is just; that his justice cannot sleep forever.”

               Now what could Thomas Jefferson have possibly meant by that?

               At the time of the creation of our nation there was a great controversy about slavery.  The unfortunate outcome of the controversy was that slavery was not set aside and the stage was set for corruption and war.  His worry about the United States being subject to God’s Justice is pertinent today.  It is a religious subject some might say but considering that the course of human events is tied so closely to so many mysteries and immense power of the cosmos around us it is not a foolish comment.

               Many enemies of the United States today call for their god or gods to administer their own justice against the United States – and for what reason?  In some cases it may be argued that the behavior of the United States has been such that is not in line with American Justice.  In those cases then good people, good Americans like you and I, need to take a hand in correcting the injustice.  In other cases the attacks on American behavior are totally without merit and again it is the responsibility of good persons to say so and act on those statements.  American Justice is not something carved in marble that we can go visit every once in a while or point at.  American Justice is part of the American Way.  To see it and understand it is to be able to wield it and partake in it.

               “If there is no Justice in your heart then there is no Justice in the land.”

               President Andrew Jackson had this to say about American Justice, “Any man worth his salt will stick up for what he believes right, but it takes a slightly better man to acknowledge instantly and without reservation that he is in error.”

               It is a common idea in the world that the proper way for a person to conduct their affairs in accord with what they believe to be right.  It is peculiarly American to expect that same person to perform a review of these affairs and ideas and ideals with which they are carried out to ensure that they are up to date and can truly still be called ‘right’.  It is wrong for an American to go along as if everything is right if they have detected an error either in thinking or behavior that no longer allows for the present activities to continue under a spirit of injustice.

               The overwhelming tide of American Justice was what led to the abolition of slavery, the emancipation of women and the tempering of the execution of some wars and in the case of Vietnam the cessation of hostilities.

               It remains to be seen that if in today’s world American Justice will overcome the evils that lap at our shores.  It is difficult to do or see what is right when the airwaves and newspapers are filled with what is wrong.  When your neighbor only speaks ill how can you get them to see right?  When all that is said is bad how can one get a good word in edgewise?

               The sense of American Justice, however, is lasting and is a force.  It is force like a tide that can wash away iniquities and lies – but only if they are recognized and worked on to correct – otherwise you may find the bad situations persist.  The important thing to keep in mind is that if you see something wrong – you’re not having a hallucination – you are not imagining it.  You have a right and a duty to speak up about it.  You may be surprised to know that its not all perfect here in the United States.  It’s not easy to have a free country.  It is especially hard if no one speaks up for what is right.  It is impossible if justice is ignored or not expected from the government and society because it is their duty to provide it just as it is our duty to participate, work and pay taxes.

               What do I mean by your duty?

               President Howard Taft said this, "The world is not going to be saved by legislation."

               The politicians will pass laws.  Some will be enforced and many will not.  What is right and wrong, however, will not change because of that.  If there is a bad law then it is our duty to see it repealed and to inform our Representatives and Senators to do that.  If something is right and it is not being done it is up to us as Americans to make it so.  In this way American society and being American is participatory.  It is a social occasion as well as a moral duty.

               I am using quotes from American Presidents to bring out that you are not alone in thinking about what is right and what is wrong.  You are not alone in your consideration of American Justice.  The most important reason I am bringing out these quotes from famous Americans is to illustrate to you that your ideas and ideals belong with them.  Some people hold office but we all hold America.   All of us as Americans have rights and responsibilities and one of them is to ensure that American Justice is done in an American way.  What is the American way for American Justice?

               The quality of being just.  Righteousness.  Equitableness.  Moral rightness.

               Now that you are involved American Justice becomes more than a word with a dictionary definition.  It becomes a right and a duty – like plowing, working a lathe, doing math figures, writing, plumbing, carpentry, science, medicine – it is a tool and an object and a process.

               It is something not be ignored or used selfishly.  It is yours to partake in and ensure that others do not abuse it or use it for selfish ends.

               Maybe it is like this in all countries and maybe there have always been times like this in the United States, but it seems lately that a lot of people are losing their sense of responsibility about Justice.  Some people feel that it carrying out Justice or ensuring that it is carried out and not delayed is for someone else to deal with.  Many people expect politicians or judges to do it all by themselves.  Here in the United States, however, we need to take care as to how Justice is defined and carried out.  If it is delayed too long then it is not Justice.  If it is too fierce it is not Justice.  Of course, if it is not carried out at all then it is not Justice either.

               When a person loses their dog or their keys they take great pains to find them.  It seems, however, that when some people lose their sense of responsibility that they don’t care to find it and some don’t even know it is gone.

               It is enough to say that if you live in the United States and you are a citizen that being an American carries with it the responsibility to ensure that Justice is done.  It is not enough to watch the news and wonder aloud what is going on.  You must make the effort to find out the truth and act on it if necessary.

               The best way to understand American Justice and how you can expect it to appear to you and treat you or how you can use it as a tool if necessary (for a tool is all it is) is to acknowledge that at first Americans are expected to do the right thing.  If you do that thing which is right in your heart and which does not harm others or keep them from their own pursuit of their rightful goals then Justice will be on your side.  Some people are not guided by an inner understanding of the principle of goodness nor do they understand the underlying motive of cooperation which is Love.

               These people are therefore treated to the formality of American Justice in a court setting which appeals to their intellect and reason in order to convince them or compel them to act right.  It is this combination of situations – the personal and internal conviction and knowledge of right and wrong combined with, when necessary, the formal operation of the application of right and the knowledge of wrong externally through the courts that American Justice is done.

               When Justice is ‘served’ so to speak – it is not being worshipped or forced upon someone, though sometimes the courts need to resort to some sort of force, what is being expressed is that it has been prepared and presented in such a way that it will be acceptable.  Like a meal on a menu.  If properly prepared and being nutritious and tasty then the product, Justice, like food, may be consumed or put into practice and so business and general social intercourse may continue to the profit of all.

               It is true that sometimes when Justice is served that not everyone agrees on the taste.  It is at this time that individual involved in the case, in so far as their personal liberty or property is not at risk, may trust to a higher power or social grace to right whatever perceived wrong or hurt might still stick to the issue at hand.

               The purpose of American Justice, rather than revenge or oppression, is to set things right and allow all parties considered to continue on in their dealings and not waste another moment worrying over a disagreement that will not matter a whit in the future anyway.

This is the sort of Justice that Americans aspire to though often it is mocked in the newspapers and general society.  It has its place and is not intended to be theatre or entertaining but a means of business to free up abilities and resources to more profitable enterprises.

Sometimes it takes courage to deal with this sort of Justice.  It is not always clear cut but it usually is sufficient to the situation presented.  It is also a painstaking process because the Wheels of Justice do turn slowly in the United States – but they do turn.

It is the idea and ideals of courage that are believed in and acted upon by Americans that I am going to deal with next.