How do we creÂate a just sociÂety? 50,000 years or so at it and humanÂiÂty still has a long way to go before figÂurÂing that out, though not for lack of tryÂing. The four aniÂmatÂed videos of “What Is JusÂtice?”—a minisÂeries withÂin BBC Radio 4 and the Open UniÂverÂsiÂty’s largÂer project of aniÂmatÂing the ideas of philosoÂphers throughÂout hisÂtoÂry and explainÂing them in the voicÂes of varÂiÂous famous narÂraÂtors—tell us what John Rawls, HenÂry David ThoreÂau, and the Bible, among othÂer sources, have to say on the subÂject of jusÂtice. Stephen Fry proÂvides the voice this time as the videos illusÂtrate the nature of these ideas, as well as their comÂpliÂcaÂtions, before our eyes.
ImagÂine you had to creÂate a just sociÂety yourÂself, but “you won’t know what kind of a perÂson you’ll be in the sociÂety you design.” This thought experÂiÂment, first described by Rawls in his 1971 book A TheÂoÂry of JusÂtice as the “veil of ignoÂrance,” supÂposÂedÂly encourÂages the creÂation of “a much fairÂer sociÂety than we now have. There would be extenÂsive freeÂdom and equalÂiÂty of opporÂtuÂniÂty. But there wouldÂn’t be extremes of high pay, unless it could be shown that the poorÂest in sociÂety directÂly benÂeÂfitÂed as a result.” An intriguÂing idea, but one easÂiÂer articÂuÂlatÂed than agreed upon, let alone realÂized.
Much earÂliÂer in hisÂtoÂry, you find the simÂpler prinÂciÂple of “an eye for an eye and a tooth for a tooth,” an “ancient form of punÂishÂment known as lex talÂioÂnÂis, or the law of retalÂiÂaÂtion.” Any readÂer of the Bible will have a strong sense of this idea’s imporÂtance in the ancient world, though we’d do well to rememÂber that back then, it “was a way of encourÂagÂing a sense of proÂporÂtion — not wipÂing out a whole comÂmuÂniÂty in retalÂiÂaÂtion for the killing of one man, for examÂple.” While harsh punÂishÂment could, in theÂoÂry, deter potenÂtial crimÂiÂnals, “severe legal vioÂlence can creÂate marÂtyrs and increase sociÂety’s probÂlems.” The rule of law, natÂuÂralÂly, has everyÂthing to do with the creÂation and mainÂteÂnance of a just sociÂety, though not every law furÂthers the cause.
But you’ve no doubt heard of one that has: habeas corÂpus, the legal prinÂciÂple manÂdatÂing that “no one, not even the presÂiÂdent, monarch, or anyÂone else in powÂer, can detain someÂone illeÂgalÂly.” Instead, “they need to bring the detainee in quesÂtion before a court and allow that court to deterÂmine whether or not this perÂson can legalÂly be held.” Yet not every authorÂiÂty has conÂsisÂtentÂly impleÂmentÂed or upheld habeas corÂpus or othÂer jusÂtice-ensurÂing laws. At times like those, accordÂing to ThoreÂau, you must engage in civÂil disÂobeÂdiÂence: “folÂlow your conÂscience and break the law on moral grounds rather than be a cog in an unjust sysÂtem.” It’s a dirty job, creÂatÂing a just sociÂety, and will remain so for the foreÂseeÂable future. And though we may not all have givÂen it as much thought as a Rawls or a ThoreÂau, we’ve all got a role to play in it.
RelatÂed ConÂtent:
JusÂtice: Putting a Price Tag on Life & How to MeaÂsure PleaÂsure
47 AniÂmatÂed Videos Explain the HisÂtoÂry of Ideas: From ArisÂtoÂtle to Sartre
Based in Seoul, ColÂin MarÂshall writes and broadÂcasts on cities and culÂture. He’s at work on a book about Los AngeÂles, A Los AngeÂles Primer, the video series The City in CinÂeÂma, the crowdÂfundÂed jourÂnalÂism project Where Is the City of the Future?, and the Los AngeÂles Review of Books’ Korea Blog. FolÂlow him on TwitÂter at @colinmarshall or on FaceÂbook.

