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Justice and Forgiveness

 
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Sitaram
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PostPosted: Wed Jun 07, 2006 10:09 am    Post subject: Justice and Forgiveness Reply with quote

The question which this thread poses reminds me of two very interesting
books:

On Forgiveness - Richard Holloway

The Prophets - Abraham Heschel

Holloway chooses as his first epigraph a quotation from Jacques Derrida:

Quote:

There is only forgiveness, if there is any, where there is the unforgivable.


The cover of my paperback edition of On Forgiveness displays a
photograph of an atomic bomb mushroom cloud. "Forgiveness of the
unforgivable" refers to events like the bombing of Hiroshima and the Nazi
Holocaust.


If I might make an aside comment: Rabbi Harold Kushner once advised a
woman to "forgive" (i.e. forget) her husband's abandoning of her family,
since if she continues for years to be possessed by anger and resentment,
then she allows her ex-husband a form of victory over her. Kushner
likens this to anger over the Holocaust, in the sense that if one permits
the feeling to dominate one's life for years, then one allows the Nazis to
be in some sense victorious. I mention Kushner's counsel to emphasize
that forgiveness or mercy holds a benefit for the grantor as well as for the
recipient.



Heschel ends volume one of his two volume work on The Prophets
with an epilogue on the union of ethos and pathos (justice and mercy),
quoting the Psalmic verse, "Righteousness and peace have kissed."



http://www.spurgeon.org/treasury/ps085.htm

Psalm 85 Verse 10. Mercy and truth meet together. Righteousness and
peace have kissed each other.


Quote:

Heschel, "The Prophets", Chapter 11 "Justice" page 201

Righteousness goes beyond justice. Justice is strict and exact, giving
each person his due. Righteousness implies benevolence, kindess,
generosity. Justice is form, a state of equilibrium; righteousness has a
substantive associated meaning. Justice may be legal; righteousness is
associated with a burning compassion for the oppressed. When you
extend a loan to a poor man, "Thou shall not sleep in his pledge; when the
sun goes down, you shall restore to him the pledge, that he may sleep in
his cloak and bless you; and it shall be righteousness to you before the
Lord your God" (Deut. 24:10-13).


Justice was not equal justice, in this case, but a bias in favor of the poor.
Justice always leaned toward mercy for the widows and the orphans.
Divine justice involves being merciful and compassionate.


Justice dies when dehumanized, no matter how exactly it may be
exercised. Justice dies when deified, for beyond all justice is God's
compassion. The logic of justice may seem impersonal, yet the concern
for justice is an act of love.


...
Page 205

In the Iliad [of Homer] gods as well as men are indifferent to
wrongs inflicted, not upon themselves, but on others. QUite a number of
homicides are mentioned. However, "outside the circle of the dead man's
kinsmen and friends, there is no indication of any popular sentiment
against ordinary homicide.


...

It was long after the time of the early prophets of Israel that a law of
Solon's (d. 559 B.C.E.) was promulgated in Athens which presupposed the
readiness of the citizens to interfere when wrongs were infliced on others.
Solon"believed that the best-governing state was that in which those who
had suffered no wrong were as diligent in prosecuting and punishing the
worngdoers as those who had suffered wrong."



I find this sort of question about forgiveness and justice to be very
interesting. I would like my post to be a work in progress this morning,
as I return via the edit feature to add to my thoughts.


My own background is largely theological. One may certainly discuss
forgiveness (or mercy) and justice from a theological perspective. Justice
and mercy may also be discussed in a judicial context. I would like to
address myself first to the theological side, and then to the judicial.


I should mention that Richard Holloway was Bishop of Edinburgh for 14
years and Gresham Professor of Divinity in the City of London.



And here is an informative Wikipedia article on Abraham Heschel:

http://en.wikipedia.org/wiki/Abraham_Joshua_Heschel

Here is a useful passage which cites Heschel, regarding pathos:

http://www.christian-thinktank.com/madgod.html

Quote:

1. The first thing to note is that Wrath is not primarily (or even generally)
an emotion, when ascribed to God in the OT:



"But even though analogies are drawn from human anger, the wrath of
Yahweh is portrayed somewhat differently from human anger in the
Hebrew Bible. In some respects this is essentially the difference between
'passion' and 'pathos' (see Heschel, A. 1962. The Prophets. 2 vols. New
York and San Francisco, vol. 2, esp. chap. 1).




"'Passion' can be understood as an emotional convulsion which makes it
impossible to exercise free consideration of principles and the
determination of conduct in accordance with them. Although the OT
discusses human anger much less frequently than divine wrath, it tends to
portray human anger as such as a loss of self-control and then censures
it, particularly in the wisdom writings (Prov 14:29; 16:32; 19:19; 29:22;
30:33; Eccl 7:9; cf. Sir 1:22–24; 28:3), thereby echoing Egyptian wisdom
teachings (cf. also Gen 49:7; Amos 1:11)...'Pathos,' on the other hand, is
an act formed with care and intention, the result of determination and
decision. It is not a “fever of the mind” that disregards standards of
justice and culminates in irrational and irresponsible action; it is intricately
linked to 'ethos' and approximates what we mean by 'righteous
indignation' (Heschel 1962, 2: 5, 63). The wrath of God tends to be
portrayed in this way in the OT, especially in the prophets; it seems not to
be an essential attribute or fundamental characteristic of Yahweh’s
persona but an expression of his will; it is a reaction to human history, an
attitude called forth by human (mis)conduct. (ABD, s.v. "Wrath of God")





Justice and Forgiveness in Jurisprudence

(a work in progress)

One glaring example of forgiveness which possibly conflicts greatly with
due process of law is Executive and Gubernatorial power to pardon.

Nixon's full pardon granted by Ford was part of a deal cut for the sake of
expediency.

Texas' Gov. Bush's refusal to commute the death sentence of Karla Fay
Tucker is an example of his perhaps one opportunity to imitate Jesus'
mercy at the stoning, but Bush refused to imitate or embody the principles
to which he pays such frequent lip service.


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