Nahmanides – “Do what is right and good in the sight of the Lord” (Deut. 6:18) – beyond the requirements of the law. Take heed to do the right and the good in God’s eyes.
Values, Virtues, and ObligationsThree ways in which morality takes form: values, virtues, obligations (rules).
1. Moral values are statements of broad principles or moral ideals – lofty ideals, the goals of moral living.
2. Virtues – the inner qualities of the moral person, character traits to develop to live a proper moral life. Moral life depends on inner attitude as much as (or more than) outward behavior: virtues such as honesty, prudence, courage, generosity, etc.
“Who is wise? Those who learn from everyone. Who is mighty? Those who conquer their evil impulse. Who is rich? Those who are content with their portion. Who is honored? Those who honor all people.”
Statements of virtue – focusing on the kind of person we are and not only on the deeds we perform. They are often communicated through the stories of heroes and saints – e.g., Abraham’s hospitality.
3. Obligations or rules – they provide detailed directives for how to behave morally in concrete situations. Jewish tradition is full of moral rules, for much of Jewish ethics falls within the scope of Jewish law.
4. Within any moral system, values, virtues, and rules may overlap. Although some Jewish sources make broad pronouncements about justice (value statements), others offer stories about the traits of the just person (virtue), and still others provide specific directives about how justice should be administered (rules).
JusticeRabban Simeon ben Gamaliel – The world stands on three things: on truth, on justice, and on peace, as it is said, “Execute truth, justice, and peace within your gates” (Zech. 8:16).
1. Definitive character of justice: How do we define justice? What does it demand of people? How do people distinguish justice from injustice?
2. Theology or significance of justice: What role does justice play within the worldview of classical Judaism? What is the significance of dispensing it or failing to do so? What meaning does this moral value hold within the Jewish religious community?
3. In Judaism, justice is part of a family of concepts that includes peace, mercy, compassion, and righteousness, as well as law. Many texts use the terms for righteousness and law interchangeably, and either might be equated with justice. At other times sources distinguish between the law itself and a more expansive sense of justice – what might be called equity.
Different senses of justice:1. Distributive justice – concerns the distribution of goods within a society. Gap between rich and poor or unequal distribution of power raise questions of distributive justice.
2. Retributive justice – the ways in which society responds to behavior that threatens its well-being or stability.
3. Procedural justice – systems established for dispensing either distributive or retributive justice. In Judaism – courts are the main vehicles.
Anatomy of Justice Essence of justice lies in distinguishing between right and wrong, in giving people what they deserve, and in treating all similar cases similarly. This is evident even in the early stories of Genesis, like Genesis 18, when Abraham confronts God about his decision to destroy the cities of Sodom and Gomorrah (Genesis 18:25) – “Far be it from You to do such a thing, to bring death upon the innocent as well as on the guilty; so that innocent and guilty fare alike! Far be it from you! Shall not the Judge of all the earth deal justly?” This passage assumes that justice is a common ground on which humans and God stand together.
Distributive justice The best known demand in the Bible is to show special concern for the disadvantaged in society – stranger, orphan, widow, and poor. Why? Because “you were strangers in the land of Egypt” (Ex. 22:20, 23:9; Leviticus 19:34, Deuteronomy 10:19). This is the most important social lesson to be drawn from the Israelites’ experience of slavery.
This concept of justice includes the idea that just as God was on the side of the Israelites in their liberation from Egyptian slavery, so will God surely support others’ struggle for freedom and dignity. See Deuteronomy 10:17-19:
“For the Lord your God is God supreme and Lord supreme, the great, the mighty, and the awesome God, who shows no favor and takes no bribe, but upholds the cause of the fatherless and the widow, and befriends the stranger, providing him with food and clothing. You too must befriend the stranger, for you were strangers in the land of Egypt.”
God takes special concern for those in the world who are at the bottom of the social hierarchy. When modeling behavior on God’s behavior, people must reach out to assist the disadvantaged, for example when the Sabbath law (Deut. 5:15) requires aliens and slaves to rest as well as the rest of the household.
The laws of the sabbatical and jubilee years (Leviticus 25, Deuteronomy 15) are also concerned to rectify social and economic inequalities: for example, the law that in the seventh year there shall be a remission of debts (Deut. 15:1-3). In the fiftieth year (the jubilee) all land should go back to its original holders (as it was distributed to each of the tribes when the Israelites first entered Canaan). This means that disparities cannot become permanent features of Israelite society, nor can land be concentrated in the hands of only a few people or families.
This is also based on the idea that the land ultimately belongs to God – “But the land must not be sold beyond reclaim, for the land is Mine; you are but strangers resident with Me” (Lev. 25:23). God intends people to use what they have to free the captives, feed the poor, clothe the naked, and care for those who do not yet share in God’s wealth.
Retributive justice The most characteristic feature in the biblical law is the lex taliones, which establishes parity between crime and punishment (Lev. 24:19-20, Ex. 21:23-5, Deut. 19:21). “If anyone maims his fellow, as he has done so shall it be done to him: fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him.” This law establishes that the punishment cannot be more severe than the original crime, and that the social status of the victim and the perpetrator is irrelevant for purposes of punishment.
Behind these rules is the principle that people bear ultimate responsibility for the harm they do to others. Violence cannot go unpunished. The rabbis of later times were disturbed by the ethic of responding to violence with violence, and reinterpreted these rules to refer only to monetary compensation. For example, the person blinded in one eye is entitled to compensation for the loss of that eye, and so too for all similar injuries.
Law of capital punishment exemplifies most powerfully the biblical view of retributive justice – it is prescribed for murder, kidnapping or even striking or cursing a parent. These rules reflect the view that antisocial conduct threatens the holiness of Israelite society. The holy community must not harbor or tolerate those who flagrantly violate basic communal norms. From this perspective, capital punishment is a form of social purification.
The rabbis modified the laws of capital punishment, placing numerous procedural restrictions on capital cases, especially in requiring identical testimony from two witnesses. This made the carrying out of the death penalty practically impossible.
Procedural justice The most basic principle is that of impartiality – “You shall not render an unfair decision; do not favor the poor or show deference to the rich; judge your neighbor fairly” (Lev. 19:15). Procedural justice can be threatened particularly when the judge’s self-interest compromises his or her objectivity – so bribes of judges are absolutely forbidden, “for bribes blind the eyes of the discerning and upset the plea of the just” (Deut. 16:19).
Theology of justiceWhy is it so important to pursue justice? What is gained when it is achieved?
Fundamental belief that human beings are created in God’s image implies that each individual has intrinsic value and that all human life is of equal value before God. Treating people with respect is tantamount to honoring the divine image within all human beings.
Insofar as law is essential to the pursuit of justice, justice is a divine good in another sense. Throughout Jewish tradition, law is understood as the primary expression of God’s will. To observe God’s laws is to make God’s presence manifest in the world. “The Lord of hosts is exalted by justice” (Isaiah 5:16).
Doing justice is also a matter of doing what God does. God is frequently depicted as a righteous judge and a model of perfect justice. (Modern readers, however, may find much in God’s behavior in the Bible that is objectionable).
But the rabbis were confident that God’s primary traits were justice and compassion. Acting justly is a matter of emulating God. “Follow none but the Lord your God” (Deut. 13:15). What does this mean? Is it possible for a mortal to follow God’s presence? The verse means to teach us that we should follow the attributes of the Holy One, praised be God. As God clothes the naked, you should clothe the naked. The Bible teaches that the Holy One visited the sick; you should visit the sick. The Holy One comforted those who mourned; you should comfort those who mourn. The Holy One buried the dead; you should bury the dead.
Justice is also deeply embedded in a vision of the messianic culmination of history, when God and hence justice reigns.
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