Thursday, October 8, 2009

Thesis

Justice, for the victim of a murder, is a misnomer.

Discuss.

2 comments:

Adunare said...

Justice for the victim of a murder would - impugn - the possibility of restitution, but that is only if we conclude that justice "for" the victim is exclusively concerning the victim's feelings or desires. Justice, as the restoration of right relationships - of shalom - can be pursued for the victim, I think, even apart from the real possibility of restitution. After all, restitution is ultimately made to God and - in that sense - the Scriptures even talk about "justice for the dead" and on whose behalf we are, at times, called to act.

Those are my spontaneous reflections.

- said...

That's in part where I was going with the basic thesis. Put differently, one might say that justice for the murder victim as subject cannot be understood without reference to a divine judge or the hereafter. One can rightly speak of the need of justice for the maintenance of social order, arguably even without reference to divine law or order, but to say that justice can be achieved for a murder victim in this time cannot be. They are dead and not to return. There is no giving of what is due to someone who is, by definition, not. I should like to explore this further.