Justice -- an essay

According to the American Heritage Dictionary the first definition of the word justice is “…fairness.” The second is “The principle of moral rightness; equity.” The third is “…fair treatment and due reward in accordance with honor, standards, or law.” And the fourth is “conformity with truth, fact, or sound reason.”

Fair? What if you hit Millie with your car and she dies? Completely by accident, you understand. You were driving within the speed limit. You were not impaired by drink or drugs or cell phone or rowdy children in the back seat. She stepped in front of you and you hadn’t time to stop. For the purposes of this essay we won’t even consider the question of fairness to Millie.

Because you were in no way at fault for Millie’s death, you have moral rightness on your side and equity would require that you be absolved of any responsibility for Millie’s death.

If Millie were Joe’s pet of ten years, morally all you would be required to do would be to apologize to Joe. You could also offer to pay a token amount to cover Joe’s loss or replace Millie. And maybe that would be due reward – especially if Joe had other pets he liked better or he had family and friends who would continue to provide companionship.

But what if the situation is more complex? Millie was Joe’s only friend in the world? Because Millie was not a human being, you will not be required to answer to the law for her death, nor will Joe have recourse to civil law. He cannot sue you for everything you’ve got. You receive fair treatment in accordance with honor, standards, or law. But he’s lost everything important to him. Will your apology and offer of money be due reward for Joe?  

Or what if Millie was Joe’s wife of fifty-two years? Or Joe’s mother and only support? Or Joe’s only child? Even if the law determines you were not at fault in any way. That it was truly an accident. Something beyond your control. It might take weeks or months. Can that be fair to you? Your life is on hold until the situation can be resolved. However it is resolved can the loss of Millie be fair to Joe?

Finally comes the question of conformity with truth, fact, or sound reason. The truth is that you happened to be in the wrong place at the wrong time. The fact is that Millie is dead and sound reason holds that nothing will change that. You can’t un-be at the moment of impact. Joe cannot un-lose Millie. Can there be justice?

Does this mean justice only happens in trivial cases? Or in our imaginations?

In murder mysteries we almost always find out who dunnit and we end the books assured that the perpetrator will be brought to justice. I think that’s what I like so much about John Lescroart’s novels. (That and the fact that they’re well-written.) And when the hero is involved in something that seems right but against the law, he gets safely out of it. But then we run into the Italian justice system as Donna Leon writes it and even though her indefatigable Commissario Guido Brunetti identifies the baddies they don’t get their comeuppance because of who they are or who their family is.

In what is considered literary fiction justice happens even less often. Steinbeck’s Goad family in The Grapes of Wrath finds no promised land. McCarthy’s cowboys in the Border Trilogy don’t find true love and live happily ever after. Unfortunately these injustices, as uncomfortable as they make us, seem more true to life.

Maybe justice is just a human construct to give us hope and keep us trying.