Wolterstorff's Justice: Chapter 3

This is Chapter 3, titled as 'Justice in the Old Testament/Hebrew Bible'. The previous chapter is here. This chapter argues about the concept justice found in the Old Testament/Hebrew Bible (I shall use only 'Bible'). The next chapter will argue from the New Testament.

Nick begins by stating the two positions as: justice as right order vis-a-vis justice as inherent right. In these posts, I am going to refer the proponents of the two positions as right order theorists and right theorists respectively. Right order theorists can endorse natural right; and one can say that this sort of right is conferred by God. But, Nick continues, right order theorists are not happy with the idea of inherent right or the idea that human right in an inherent right. So his attempt is to do an inquiry if the idea of inherent human right is found the Bible or it's not there. At the end of the chapter, he argues that one can fairly draw out the idea of inherent human right from the Scripture. But before he goes on to do that, he takes on Oliver Donovan and gives a counter-explanation from the Scripture about the nature of justice found in the Bible. This is how he goes about doing it. 

Nick argues that Oliver O'Donovan's understanding of justice found in the Bible is incomplete. O'Donovan's understanding does not take into consideration the concept of primary justice, says Nick; only the idea of rectifying justice is present in O'Donovan's thesis. How does one explain primary justice and rectifying justice? Primary justice is about the condition of a society where justice prevails. But when a robber breaks into a house and runs away with the loot, primary justice is impaired. Now rectifying justice will have to kick in by catching the thief and returning the loot to the owner. So rectifying justice is about seeking to rectify the primary justice that has been impaired. Now when O'Donovan gives the explanation of the concept of justice found in the Bible, Nick argues that O'Donovan thinks that biblical concept of justice deals only with rectifying justice. Nick finds O'Donovan's finding inadequate. Nick says the idea of rectifying justice can be there only when the idea of primary justice is there; it makes no sense to speak of rectifying justice without taking into account the idea of primary justice. And in the Bible one can find, says Nick, the concept of primary justice as well as  rectifying justice.

Thus in the Bible, Israel is called by God to live justly in its society. God also enjoins non-Israelite nations to live justly. Living justly is required not only of Israel, but of non-Israelite too. Why so? Because God is just and holy. This holiness of God (morality purity) is not something that obtains when God observes a law imposed on him from without; but holiness is rooted in God himself. He cannot be unholy just as God cannot cease to exist. (I am reminded of Plato's Euthyphro dillemma; but if one understands God's holiness as rooted in himself as Nick and others argue, the dillemma really dissolves. But this is not really part of the what the book says.) Nick does not delve much into this area, but goes on to the text to argue that Israel considers God rightly holding the people accountable for their actions. And when people sin, they seek God's forgiveness-- or must seek forgiveness. Thus God has right to hold the people accountable and that God has right to seek our obedience. Nick argues that that was the way biblical writers understand about God and human relations. I think this is a fair conclusion from the Bible one can gather. This is a key point about rights.

Right God has over the people are understood to be grounded by Israel's writers on God's excellence. "In that assumption by Israel's writers, that God has rights grounded in God's excellence, is to be discerned a recognition of inherent natural rights". This is another  key point Nick makes! I think the idea that God has inherent right is rather a strange but indisputable point.

From this concept of God possessing inherent natural right, Nick argues that human being as little gods possesses inherent right. Human being are created little lower than angels/ human being are created bearing the image of God; so humans have inherent right.