Justice

Fair and Unfair Logic

entirelyuseless Logic, Metaphysics, Politics, Uncategorized , , , , , , , , ,

St. Thomas discusses cases in which one should not follow the law:

As stated above (Article 4), every law is directed to the common weal of men, and derives the force and nature of law accordingly. Hence the jurist says [Pandect. Justin. lib. i, ff., tit. 3, De Leg. et Senat.]: “By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man.” Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed. For instance, suppose that in a besieged city it be an established law that the gates of the city are to be kept closed, this is good for public welfare as a general rule: but, it were to happen that the enemy are in pursuit of certain citizens, who are defenders of the city, it would be a great loss to the city, if the gates were not opened to them: and so in that case the gates ought to be opened, contrary to the letter of the law, in order to maintain the common weal, which the lawgiver had in view.

He calls the attitude that leads one to set aside the law in such cases “epikeia,” or “equity,” which in this context means something like fairness or moderation:

As stated above (I-II:96:6), when we were treating of laws, since human actions, with which laws are concerned, are composed of contingent singulars and are innumerable in their diversity, it was not possible to lay down rules of law that would apply to every single case. Legislators in framing laws attend to what commonly happens: although if the law be applied to certain cases it will frustrate the equality of justice and be injurious to the common good, which the law has in view. Thus the law requires deposits to be restored, because in the majority of cases this is just. Yet it happens sometimes to be injurious—for instance, if a madman were to put his sword in deposit, and demand its delivery while in a state of madness, or if a man were to seek the return of his deposit in order to fight against his country. On these and like cases it is bad to follow the law, and it is good to set aside the letter of the law and to follow the dictates of justice and the common good. This is the object of “epikeia” which we call equity. Therefore it is evident that “epikeia” is a virtue.

“Fairness” is probably a good translation here, since someone who rigidly demands the application of the law in such a situation would often be called unfair in relation to the people involved.

Someone might object that much of the benefit of having a law directly depends on following it consistently, without making exceptions based on minute analysis of particular situations, as we saw in the last post. This is correct as far as it goes, but St. Thomas is not talking about analyzing each situation in detail and making an exception whenever there appears to be a benefit, but rather talking about situations which are extremely different from the situations considered by the law. Thus he says in the reply to the second objection:

He who follows the intention of the lawgiver, does not interpret the law simply; but in a case in which it is evident, by reason of the manifest harm, that the lawgiver intended otherwise. For if it be a matter of doubt, he must either act according to the letter of the law, or consult those in power.

To the degree that “laws of logic” can be analogously interpreted as rules for sensible thought and speech, telling one to behave in some ways and not in others, similar principles will apply. Thus, for example, an atheist confronted with the argument of Alexander Pruss for the existence of God based on the indeterminacy of language might not only be inclined to call it sophistical, but to add that it is an unfair way to argue. And indeed it is, precisely in the sense that it applies the rule “either say that A is B or say that A is not B” to situations for which it was not intended, namely situations where B is simply too vague to say. The rule is intended to make people think and speak sensibly, but Pruss is abusing the rule with the opposite result: that he does not speak and think sensibly.

Someone might agree that this is reasonable insofar as we are considering these laws as rules of behavior, but another issue comes up. Human laws are really intended to exclude some kinds of behavior that are really possible. And likewise, rules of logic are really intended to exclude some kinds of behavior that are really possible, e.g. making arguments like:

A: You always say I am wrong.

B: I said you were right about X.

A: See, you just said I was wrong again. You always say I am wrong!

I know from experience that this behavior is possible, and it does violate the laws of logic considered as rules of behavior. But someone might add that the laws of logic are also based on the nature of reality itself, and for this very reason we said that they are not conventions, but could not have been otherwise. So it seems to follow that it should be possible to expound the laws of logic in a form in which they are truly exceptionless, by expressing reality as it truly is.

There is some truth here, but there is also a problem analogous to a similar objection about human law. Consider the third objection and reply in the above article from St. Thomas:

Objection 3. Further, every wise man knows how to explain his intention by words. But those who framed the laws should be reckoned wise: for Wisdom says (Proverbs 8:15): “By Me kings reign, and lawgivers decree just things.” Therefore we should not judge of the intention of the lawgiver otherwise than by the words of the law.

…

Reply to Objection 3. No man is so wise as to be able to take account of every single case; wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all, in order to avoid confusion: but should frame the law according to that which is of most common occurrence.

The objection here is similar. If there are cases where it wouldn’t be good to apply the law, the lawgiver ought to have enumerated those cases. St. Thomas replies that in reality you will not foresee every case, and that even if you could, enumerating them would simply cause confusion.

A similar thing applies if we consider the laws of logic. You can say, “If you say that A is B in an infinitely precise sense, and that B is C in an infinitely precise sense, you should also say that A is C,” and your claim might be exceptionless. The problem is that your claim has no cases: no one ever says anything in an infinitely precise sense.

And on the other hand, if you try to make your claim include some actual cases, you will not be able to avoid the possibility of exceptions, just as the human lawgiver does not foresee all cases. And as in the case of human law, if you attempt to enumerate all cases, you will simply cause confusion. Thus, for example, someone might say that the problem in the case of Queen Elizabeth is that we simply don’t have a precise enough definition for “old,” and they might then attempt to give a precise definition. But this would have several results:

1. First, the new word “old” would not have the same meaning as the original word, because the very fact that the original word is vague is part of what the word is. It is not accidental; it is not meant to have a precise cut-off.

2. Someone might attempt to remedy the above flaw by enumerating various circumstances, rather than giving a precise cut-off. “If you are less then 10 years old and you say that someone is ‘old,’ it signifies someone who is at least 15.” “If you are in your 30s and you say that someone is ‘old’, it signifies that they are at least 67.” And so on. But attempting to fix the first problem, you have simply compounded it. The new word still does not have the same meaning as the original word, because the original word was meant to be flexible; even your new rules have too much rigidity.

You could attempt to remedy the above problems by listing all the situations where people in fact use the word “old,” but that is not a definition: it is just an indefinitely long list. What St. Thomas said about human law, that it “ought not to mention them all,” is equally true about this situation. The point of defining “old” is to provide an explanation which is both general and flexible. Someone might argue that we should provide a list of all possible circumstances and what should be done in those circumstances, in order to avoid the flexibility of “epikeia,” but such an attempt would be absurd, and harmful to a good life. And it is equally absurd when we attempt to apply the same process to logic or to definitions, and harmful to sensible thought and speech.

What about reality itself? Isn’t it an exceptionless reality that a thing is what it is? Indeed. But this is neither a rule of behavior nor of speech. Nor is it a rule making something be some way; reality does not need something else to make sure that it turns out to be reality rather than something else. There is simply nothing else to be. Parmenides was right at least to this degree.

C.S. Lewis on Punishment

entirelyuseless Ethics, Politics, Uncategorized , , , , , , , , , , , , , , , , ,

C.S. Lewis discusses a certain theory of punishment:

In England we have lately had a controversy about Capital Punishment. … My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this I believe that they are seriously mistaken. I believe that the “Humanity” which it claims is a dangerous illusion and disguises the possibility of cruelty and injustice without end. I urge a return to the traditional or Retributive theory not solely, not even primarily, in the interests of society, but in the interests of the criminal.

According to the Humanitarian theory, to punish a man because he deserves it, and as much as he deserves, is mere revenge, and, therefore, barbarous and immoral. It is maintained that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal. When this theory is combined, as frequently happens, with the belief that all crime is more or less pathological, the idea of mending tails off into that of healing or curing and punishment becomes therapeutic. Thus it appears at first sight that we have passed from the harsh and self-righteous notion of giving the wicked their deserts to the charitable and enlightened one of tending the psychologically sick. What could be more amiable? One little point which is taken for granted in this theory needs, however, to be made explicit. The things done to the criminal, even if they are called cures, will be just as compulsory as they were in the old days when we called them punishments. If a tendency to steal can be cured by psychotherapy, the thief will no doubt be forced to undergo treatment. Otherwise, society cannot continue.

My contention is that this doctrine, merciful though it appears, really means that each one of us, from the moment he breaks the law, is deprived of the rights of a human being.

The reason is this. The Humanitarian theory removes from Punishment the concept of Desert. But the concept of Desert is the only connecting link between punishment and justice. It is only as deserved or undeserved that a sentence can be just or unjust. I do not here contend that the question “Is it deserved?” is the only one we can reasonably ask about a punishment. We may very properly ask whether it is likely to deter others and to reform the criminal. But neither of these two last questions is a question about justice. There is no sense in talking about a “just deterrent” or a “just cure”. We demand of a deterrent not whether it is just but whether it will deter. We demand of a cure not whether it is just but whether it succeeds. Thus when we cease to consider what the criminal deserves and consider only what will cure him or deter others, we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a “case”.

Later in the essay, he gives some examples of how the Humanitarian theory will make things worse, as in the following case:

The immediate starting point of this article was a letter I read in one of our Leftist weeklies. The author was pleading that a certain sin, now treated by our laws as a crime, should henceforward be treated as a disease. And he complained that under the present system the offender, after a term in gaol, was simply let out to return to his original environment where he would probably relapse. What he complained of was not the shutting up but the letting out. On his remedial view of punishment the offender should, of course, be detained until he was cured. And of course the official straighteners are the only people who can say when that is. The first result of the Humanitarian theory is, therefore, to substitute for a definite sentence (reflecting to some extent the community’s moral judgment on the degree of ill-desert involved) an indefinite sentence terminable only by the word of those experts–and they are not experts in moral theology nor even in the Law of Nature–who inflict it. Which of us, if he stood in the dock, would not prefer to be tried by the old system?

This post will make three points:

(1) The “Humanitarian” theory is basically correct about the purpose of punishment.

(2) C.S. Lewis is right that there are good reasons to talk about justice and about what someone deserves or does not deserve. Such considerations are, as he supposes, essential to a system of justice. Lewis is also right to suppose that many supporters of the Humanitarian theory, despite being factually correct about the purpose of punishment, are mistaken in opposing such talk as cruel and immoral.

(3) Once the Humanitarian theory is corrected in such a way as to incorporate the notion of “just deserts”, Lewis’s objections fail.

Consider the first point, the purpose of punishment. There was already some discussion of this in a previous post. In a sense, everyone already knows that Humanitarians are right about the basic purpose of punishment, including C.S. Lewis. Lewis points out the obvious fact himself: whatever you call them and however you explain them, punishments for crime are compulsory in a society because “otherwise, society cannot continue.” But why cannot society continue without punishment? What supposedly would happen if you did not have any punishments? What would actually happen if a government credibly declared that it would never again punish anything?

What would actually happen, of course, is that this amount to a declaration that the government was dissolving itself, and someone else would take over and establish new crimes and new punishments, either at that same level of generality as the original government, or at more local levels (e.g. perhaps each town would become a city-state.) In any case each of the new governments would still have punishments, so you would not have succeeded in abolishing punishment.

What happens in the imaginary situation where you do succeed, where no one else takes over? This presumably would be a Hobbesian “state of nature,” which is not a society at all. In other words, the situation simply does not count as a society at all, unless certain rules are followed pretty consistently. And those rules will not be followed consistently without punishments. So it is easy to see why punishment exists: to make sure that those rules are followed, generally speaking. Since rules are meant to make some things happen and prevent other things, punishment is simply to make sure that the rules actually function as rules. But this is exactly what the Humanitarian theory says is the purpose of punishment: to make others less likely to break the rules, and to make the one who has already broken the rules less likely to break them in the future.

Thus C.S. Lewis himself is implicitly recognizing that the Humanitarians are basically right about the purpose of punishment, in acknowledging that punishment is necessary for the very existence of society.

Let’s go on to the second point, the idea of just deserts. C.S. Lewis is right that many proponents of Humanitarian view either believe that the idea is absurd, or that if there is such a thing as deserving something, no one can deserve something bad, or that if people can deserve things, this is not really a relevant consideration for a justice system. For example, it appears that Kelsey Piper blogging at The Unit of Caring believes something along these lines; here she has a pretty reasonable post responding to some criticisms analogous to those of C.S. Lewis to the theory.

I will approach this by saying a few things about what a law is in general. St. Thomas defines law: “It is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” But let’s drop the careful formulation and the conditions, as necessary as they may be. St. Thomas’s definition is simply a more detailed account of what everyone knows: a law is a rule that people invent for the benefit of a community.

Is there such a thing as an unjust law? In St. Thomas’s account, in a sense yes, and in a sense no. “For the common good” means that the law is beneficial. In that sense, if the law is “unjust,” it is harmful, and thus it is not for the common good. And in that sense it does not satisfy the definition of a law, and so is not a law at all. But obviously ordinary people will call it a law anyway, and in that way it is an unjust law, because it is unsuited to the purpose of a law.

Now here’s the thing. An apparent rule is not really a rule at all unless it tends to make something happen. In the case that we are talking about, namely human law, that generally means that laws require penalties for being broken in order to be laws at all. It is true that in a society with an extremely strong respect for law, it might occasionally be possible to make a law without establishing any specific penalty, and still have that law followed. The community would still need to leave itself the option of establishing a penalty; otherwise it would just be advice rather than a law.

This causes a slight problem. The purpose of a law is to make sure that certain things are done and others avoided, and the reason for penalties is to back up this purpose. But when someone breaks the law, the law has already failed. The very thing the law was meant to prevent has already happened. And what now? Should the person be punished? Why? To prevent the law from being broken? It has already been broken. So we cannot prevent it from being broken. And the thing is, punishment is something bad. So to inflict the punishment now, after the crime has already been committed, seems like just stacking one bad thing on top of another.

At this point the “Retributive” theory of justice will chime in. “We should still inflict the punishment because it is just, and the criminal deserves it.”

This is the appeal of the Humanitarian’s condemnation of the retributive theory. The Retributive theory, the Humanitarian will say, is just asserting that something bad, namely the punishment, in this situation, is something good, by bringing in the idea of “justice.” But this is a contradiction: something bad is bad by definition, and cannot be good.

The reader is perhaps beginning to understand the placement of the previous post. A law is established, with a penalty for being broken, in order to make certain things happen. This is like intending to drink the toxin. But if someone breaks the law, what is the point of inflicting the punishment? And the next morning, what is the point of drinking the toxin in the afternoon, when the money is already received or not? There is a difference of course, because in this case the dilemma only comes up because the law has been broken. We could make the cases more analogous, however, by stipulating in the case of Kavka’s toxin that the rich billionaire offers this deal: “The million will be found in your account, with a probability of 99.99%, if and only if you intend to drink the toxin only if the million is not found in your account (which will happen only in the unlucky 0.01% of cases), and you do not need to drink or intend to drink in the situation where the million is found in your account.” In this situation, the person might well reason thus:

If the morning comes and the million is not in my account, why on earth would I drink the toxin? This deal is super unfair.

Nonetheless, as in the original deal, there is one and only one way to get the million: namely, by planning to drink the toxin in that situation, and by planning not to reconsider, no matter what. As in the case of law, the probability factor that I added means that it is possible not to get the million, although you probably will. But the person who formed this intention will go through with it and drink the toxin, unless they reconsider; and they had the definite intention of not reconsidering.

The situations are now more analogous, but there is still an additional difference, one that makes it even easier to decide to follow the law than to drink the toxin. The only reason to commit to drinking the toxin was to get the million, which, in our current situation, has already failed. But in the case of the law, one purpose was to prevent the criminal from performing a certain action, and that purpose has already failed. But it also has the purpose of preventing them from doing it in the future, and preventing others from doing it. So there additional motivations for carrying out the law.

We can leave the additional difference to the side for now, however. The point would be essentially valid even if you made a law to prevent one particular act, and that act ended up being done. The retributionist would say, “Ok, so applying the punishment at this point will not prevent the thing it was meant to prevent. But it is just, and the criminal deserves it, and we should still inflict it.” And they are right: the whole idea of establishing the the rule included the idea that the punishment would actually be carried out, in this situation. There was a rule against reconsidering the rule, just as the fellow in the situation with the toxin planned not to reconsider their plan.

What is meant when it is said that a punishment is “just,” and that the criminal “deserves it,” then is simply that it is what is required by the rules we have established, and that those rules are reasonable ones.

Someone will object here. It seems that this cannot be true, because some punishments are wicked and unjust even though there were rules establishing them. And it seems that this is because people simply do not deserve those things: so there must be such a thing as “what they deserve,” in itself and independent of any rules. But this is where we must return to the point made above about just and unjust laws. One hears, for example, of cases in which people were sentenced to death for petty theft. We can agree that this is unjust in itself: but this is precisely because the rule, “someone who steals food should be killed,” is not a reasonable rule which will benefit the community. You might have something good in mind for it, namely to prevent stealing, but if you carry out the penalty on even one occasion, you have done more harm than all the stealing put together. The Humanitarians are right that the thing inflicted in a punishment is bad, and remains bad. It does not become something good in that situation. And this is precisely why it needs some real proportion to the crime.

We can analyze the situation in two ways, from the point of view of the State, considered as though a kind of person, and from the point of the view of the person who carries out the law. The State makes a kind of promise to inflict a punishment for some crimes, in such a way as to minimize the total harm of both the crimes and their punishment. Additionally, to some extent it promises not to reconsider this in situation where a crime is actually committed. “To some extent” here is of course essential: such rules are not and should not be absolutely rigid. If the crime is actually committed, the State is in a situation like our person who finds himself without the million and having committed to drink the toxin in that situation: the normal result of the situation will be that the State inflicts the punishment, and the person drinks the toxin, without any additional consideration of motivations or reasons.

From the point of view of the individual, he carries out the sentence “because it is just,” i.e. because it is required by reasonable rules which we have established for the good of the community. And that, i.e. carrying out reasonable laws, is a good thing, even though the material content includes something bad. The moral object of the executioner is the fulfillment of justice, not the killing of a person.

We have perhaps already pointed the way to the last point, namely that with the incorporation of the idea of justice, C.S. Lewis’s criticisms fail. Lewis argues that if the purpose of punishment is medicinal, then it is in principle unlimited: but this is not true even of medicine. No one would take medicine which would cause more harm than the disease, nor would it be acceptable to compel someone else to take such medicine.

More importantly, Lewis’s criticism play off the problems that are caused by believing that one needs to consider at every point, “will the consequences of this particular punishment or action be good or not?” This is not necessary because this is not the way law works, despite the fact that the general purpose is the one supposed. Law only works because to some extent it promises not to reconsider, like our fellow in the case of Kavka’s toxin. Just as you are wrong to focus on whether “drinking the toxin right now will harm me and not benefit me”, so the State would be wrong to focus too much on the particular consequences of carrying out the law right now, as opposed to the general consequences of the general law.

Thus for example Lewis supposes rulers considering the matter in an entirely utilitarian way:

But that is not the worst. If the justification of exemplary punishment is not to be based on desert but solely on its efficacy as a deterrent, it is not absolutely necessary that the man we punish should even have committed the crime. The deterrent effect demands that the public should draw the moral, “If we do such an act we shall suffer like that man.” The punishment of a man actually guilty whom the public think innocent will not have the desired effect; the punishment of a man actually innocent will, provided the public think him guilty. But every modern State has powers which make it easy to fake a trial. When a victim is urgently needed for exemplary purposes and a guilty victim cannot be found, all the purposes of deterrence will be equally served by the punishment (call it “cure” if you prefer) of an innocent victim, provided that the public can be cheated into thinking him guilty. It is no use to ask me why I assume that our rulers will be so wicked.

As said, this is not the way law works. The question will be about which laws are reasonable and beneficial in general, not about whether such and such particular actions are beneficial in particular cases. Consider a proposed law formulated with such an idea in mind:

When the ruling officials believe that it is urgently necessary to deter people from committing a crime, and no one can be found who has actually committed it, the rulers are authorized to deceive the public into believing that an innocent man has committed the crime, and to punish that innocent man.

It should not be necessary to make a long argument that as a general rule, this does not serve the good of a community, regardless of might happen in particular cases. In this way it is quite right to say that this is unjust in itself. This does not, however, establish that “what someone deserves” has any concrete content which is not established by law.

As a sort of footnote to this post, we might note that “deserts” are sometimes extended to natural consequences in much the way “law” is extended to laws of nature, mathematics, or logic. For example, Bryan Caplan distinguishes “deserving” and “undeserving” poor:

I propose to use the same standard to identify the “deserving” and “undeserving” poor.  The deserving poor are those who can’t take – and couldn’t have taken – reasonable steps to avoid poverty. The undeserving poor are those who can take – or could have taken – reasonable steps to avoid poverty.  Reasonable steps like: Work full-time, even if the best job you can get isn’t fun; spend your money on food and shelter before you get cigarettes or cable t.v.; use contraception if you can’t afford a child.  A simple test of “reasonableness”: If you wouldn’t accept an excuse from a friend, you shouldn’t accept it from anyone.

This is rather different from the sense discussed in this post, but you could view it as an extension of it. It is a rule (of mathematics, really) that “if you spend all of your money you will not have any left,” and we probably do not need to spend much effort trying to change this situation, considered in general, even if we might want to change it for an individual.

A Remark on Usury

entirelyuseless Ethics, Uncategorized , , , ,

St. Thomas explains his objection to usury:

I answer that, To take usury for money lent is unjust in itself, because this is to sell what does not exist, and this evidently leads to inequality which is contrary to justice. In order to make this evident, we must observe that there are certain things the use of which consists in their consumption: thus we consume wine when we use it for drink and we consume wheat when we use it for food. Wherefore in such like things the use of the thing must not be reckoned apart from the thing itself, and whoever is granted the use of the thing, is granted the thing itself and for this reason, to lend things of this kin is to transfer the ownership. Accordingly if a man wanted to sell wine separately from the use of the wine, he would be selling the same thing twice, or he would be selling what does not exist, wherefore he would evidently commit a sin of injustice. On like manner he commits an injustice who lends wine or wheat, and asks for double payment, viz. one, the return of the thing in equal measure, the other, the price of the use, which is called usury.

On the other hand, there are things the use of which does not consist in their consumption: thus to use a house is to dwell in it, not to destroy it. Wherefore in such things both may be granted: for instance, one man may hand over to another the ownership of his house while reserving to himself the use of it for a time, or vice versa, he may grant the use of the house, while retaining the ownership. For this reason a man may lawfully make a charge for the use of his house, and, besides this, revendicate the house from the person to whom he has granted its use, as happens in renting and letting a house.

Now money, according to the Philosopher (Ethic. v, 5; Polit. i, 3) was invented chiefly for the purpose of exchange: and consequently the proper and principal use of money is its consumption or alienation whereby it is sunk in exchange. Hence it is by its very nature unlawful to take payment for the use of money lent, which payment is known as usury: and just as a man is bound to restore other ill-gotten goods, so is he bound to restore the money which he has taken in usury.

In the example of the rental of a house, the landlord is a seller, and the renter is a buyer. The landlord sells the use of the house to the buyer. St. Thomas is thus explaining usury in this way: the lender sells the use of his money to the borrower, while retaining ownership of the money. At the end of the period, therefore, the borrower must return the original money, since the lender has retained ownership, together with an additional fee for the use of the money.

This is intrinsically unjust, St. Thomas says, because someone cannot have the use of the money without having the money, since using money consumes it.

This is correct, if one analyzes the transaction in this way. But on the other hand, no one would ever borrow money if they analyzed the transaction in this way. In reality, St. Thomas has confused the buyer and the seller. The lender is not a seller, selling the use of money, but a buyer. When he gives money to the borrower at the beginning of the transaction, he does not retain ownership of the money. On the contrary, the money is a payment, by the lender as a buyer, to the borrower as a seller. When the borrower promises to repay the sum with interest, he is promising to provide the future money that he is selling to the lender.

To illustrate this with a concrete example, suppose the lender lends $100 to be repaid a year later with $110. Then the lender buys $110 future dollars for the present sum of $100, and the borrower sells $110 future dollars for the present sum of $100.

St. Thomas is correct, however, that “what does not exist” is being sold here, although he is mistaken about the nature of the transaction. It is not the use of $100 that is being sold, but a future $110, which “does not exist” because it is future. And this is not an injustice; selling what does not exist here is no more unjust than it is unjust to make a contract to provide a certain amount of wheat a year from now. Nor is the price unjust, since future money is in itself less valuable than present money, just as it would be less valuable to be promised wheat a year from now, than to be given it immediately. The different particular situations of the lender (the buyer) and the borrower (the seller) explain why they both benefit from the transaction, just as both the buyer and seller of wheat benefit from it due to their particular situations.

 

No Respecter of Beings

entirelyuseless Ethics, Metaphysics, Theology, Uncategorized , , , , , , , , , , , , , , , ,

In the post here, I raised Jesus’s proposal that one should imitate God by treating all alike, since God treats all alike, as for example by sending the rain and the sun upon all. At the time, I promised to explain how such treatment could be seen as the effect of love. While the reader may already be able to gather that from the last few posts, it might be useful to bring a few threads together here.

The idea that the good man treats all alike is not unprecedented. Thus for example in Plato’s Republic, Socrates argues that the just man cannot harm anyone:

But ought the just to injure any one at all?
Undoubtedly he ought to injure those who are both wicked and his enemies.

When horses are injured, are they improved or deteriorated?
The latter.
Deteriorated, that is to say, in the good qualities of horses, not of dogs?

Yes, of horses.
And dogs are deteriorated in the good qualities of dogs, and not of horses?

Of course.
And will not men who are injured be deteriorated in that which is the proper virtue of man?

Certainly.
And that human virtue is justice?
To be sure.
Then men who are injured are of necessity made unjust?
That is the result.
But can the musician by his art make men unmusical?
Certainly not.
Or the horseman by his art make them bad horsemen?
Impossible.
And can the just by justice make men unjust, or speaking general can the good by virtue make them bad?

Assuredly not.
Any more than heat can produce cold?
It cannot.
Or drought moisture?
Clearly not.
Nor can the good harm any one?
Impossible.
And the just is the good?
Certainly.
Then to injure a friend or any one else is not the act of a just man, but of the opposite, who is the unjust?

The basic argument is that good should only be a cause of goodness. Dionysius, in chapter 4 of The Divine Names, makes a similar point about God as the Supreme Good:

For as our sun, through no choice or deliberation, but by the very fact of its existence, gives light to all those things which have any inherent power of sharing its illumination, even so the Good (which is above the sun, as the transcendent archetype by the very mode of its existence is above its faded image) sends forth upon all things according to their receptive powers, the rays of Its undivided Goodness.

He mentions that the sun does this without “choice or deliberation,” in order to indicate that God communicates his goodness to all things, without refusing it to anything.

We might say, like St. Peter in the Book of Acts, that God shows no partiality. But it is not simply that he shows no partiality among human beings; rather, he shows no partiality among beings as such. Every being receives goodness to whatever degree it is able; in this way St. Thomas asserts that form is received by every disposed matter.

From this it is not difficult to see why the rain or the sun falls upon all, or even why the tower fell. It belongs to the nature of these things to exist and to act in this way, and it belongs to the nature of God to give them their proper existence and action, which is good for them and for the order of things.

Someone will object: then God does harm, as when some are killed by the tower, or even by the rain and the sun in various cases.

But the answer to this is evident from what has already been said.