Removing Lady
Justice’s blindfold
By Fr. ROY CIMAGALA, roycimagala@gmail.com
March
8, 2012
“…Lady Justice also has to learn to remove the blindfold, so
she can see, hear and talk to God and the parties involved.”
I can understand why
Lady Justice is depicted as blindfolded, holding a balance scale and a
sword. The idea is to portray justice as objective and impartial
(blindfold), able to weigh the arguments and pieces of evidence from
both parties (scale), always using reason and sense of justice to
carry out her duty (double-edged sword).
For all those reasons,
I am for Lady Justice blindfolded and all. They all have a place in
the sun. We always have to respect, protect and defend these reasons.
But we also have to
understand that those reasons are in constant need of rectification
and improvement, of refinement and growing conformity to the ultimate
basis of justice who is God. Though embodied in some system, they
cannot be considered as frozen and rigid. They have to be in vital
sync with God’s providence.
The balance scale can
only weigh things mechanically. It can miss many subtle things, let
alone the spiritual requirements of justice and charity. Our reason
and a certain sense of justice are always in need of its ultimate
grounding and orientation. They cannot really take off unless inspired
by God. Without God they will just go in circles and are prone to be
taken advantage of.
Justice cannot be real
justice if it just gets stuck with our own idea alone of what is right
and wrong, good and bad, true and false. No matter how wide a
consensus we may have about what is just and unjust, if our idea and
sense of justice is not vitally linked to God, we would just be making
our own brand of justice, open to all kinds of manipulations and the
subtle workings of self-righteousness.
Apart from God, the
Creator and Author of all reality, we would be at sea as to what is
right and fair. We would put ourselves prone to distortions and abuses
that can come from our passions and many other factors, like some
privileged position we may have over others. Our sense of justice has
to flow with God’s mind, will and ways.
Obviously, we need
structures and systems to carry out justice. But those structures and
systems should be such that they remain open to God’s promptings and
to the flowing developments of the case that can change the picture
drastically. They have to be animated by a proper spirit of truth,
justice and charity, not inert or dead.
This means that those
in charge of dispensing justice should be spiritually alive and
connected with God. Otherwise, they would be unhinged and can become
like a floating mine, dangerous to any passing ship.
It’s for this reason
that Lady Justice also has to learn to remove the blindfold, so she
can see, hear and talk to God and the parties involved. It’s important
that she has a running conversation with the all the parties involved.
She should not get stuck with a fact in the past. She has to flow with
life in its variety of possibilities.
What we have to avoid
is to dispense justice indiscriminately, relying only on a blind
conformity to the letter of the law without discerning its true
spirit. We have to be wary of this tendency because there seems to be
a strong drift toward it, a growing bias for it.
With the eyes of Lady
Justice wide open, those in charge of dispensing justice can serve as
instruments of God’s justice, and not just human justice, that aside
from being imperfect, is vulnerable to be easily manipulated by those
with more power, more money, more talents.
We cannot really
guarantee the objectivity and impartiality of justice by having Lady
Justice blindfolded and using only a balance scale and a double-edge
sword. A lot more are needed.
There is need for Lady
Justice to know how to dispense justice with charity and mercy and
with healing qualities, and to protect justice from becoming merely an
instrument for anger and revenge. Lady Justice has to expand the
understanding of justice by going beyond her distributive,
commutative, legal and social aspects.
Justice has to be the
justice of God, because that in the end is what is proper to us who
are God’s image and likeness, and made children of his. That may not
be easy to achieve, but we can always try. We should use everything we
have to reach it.
We should avoid
confining our understanding of justice to a secularized, positivist
kind, where God is taken out of the picture and only human consensus
is considered.