Category Archives: Justice

Christopher D. Marshall. Crowned with Glory and Honor

Christopher D. Marshall. Crowned With Glory and Honor: Human Rights in the Biblical Tradition. Cascadia Publishing House, 2001.

This is a splendid little book. Marshall, a New Testament scholar who teaches in New Zealand, provides a concise but thorough account how the Bible and biblically-based theology may strongly affirm a commitment to human rights. In doing so, he shows conclusively that modern notions of human rights such as reflected in the Universal Declaration of Human Rights are fully compatible with Christian thought.

Along the way, Marshall does critique Enlightenment-based notions of human rights, but his intent is to build bridges more than pit Christian theological language against human rights language as is lamentably done by some Christians. Marshall’s strengths include a thorough understanding of the biblical message that allows him to provide an outline for a general biblical theology (Old and New Testaments) that serves as the basis for his affirmation of human rights. He helpfully focuses on the big picture in the Bible rather than isolated proof-texts.

Marshall also does a fine job in introducing the general arena of human rights thought as it has emerged in moral philosophy and political realities. In doing so, he gives Christians an excellent primer on the intersection of their theology with the public policy world–and he gives those unfamiliar with theology a good sense of how the Bible can be seen as friendly to their human rights concerns.

Yet another strength is Marshall’s economy of expression. His main text runs slightly less than 100 pages, but he is quite thorough in his discussion (beyond the main text we have 13 pages of informative endnotes and a 9-page bibliography). Certainly he could have said much more (and we could use a large tome on this subject). But what he presents is quite adequate and persuasive–Christians have every business strongly advocating human rights and human rights advocates from outside Christianity have every business welcoming biblical thought as part of their rationale for their advocacy.

 

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Biblical Bases for Restorative Justice

Over the past 30 years, the United States has increased our prison population ten-fold, from in the neighborhood of 200,000 to over 2 million. This transformation from a bad situation to a terrible situation has been catastrophic for too many in our society and the catastrophe continues to spread. One small response that has been emerging is the restorative justice movement.  Here is a recent lecture I presented on, “Biblical Bases for Restorative Justice.”

This lecture was paired with a lecture from my friend and colleague, Howard Zehr on the historical dynamics that have created our problems.  I  highly recommend Howard’s books in these themes:Changing Lenses: A New Focus for Crime and Justice (Christian Peace Shelf) and The Little Book of Restorative Justice (The Little Books of Justice & Peacebuilding).

James Logan. Good Punishment?

James Logan. Good Punishment?: Christian Moral Practice and U.S. Imprisonment. Eerdmans, 2008.

This is an important and timely book.  Logan, a Mennonite who teaches at a Quaker school (Earlham College in Indiana) has provided a clear and devastating critique of the American criminal (in)justice system.  In careful, even understated prose, he details layer upon layer of social devastation–to the convicts who are treated like pieces of trash, to the victims of crime who are shunted aside by the system, and to the broader society that finds more and more resources being poured into a more and more ineffective (even counter-productive) prison-industrial complex.  A strong sense of humanity, grounded in his Christian faith, underlies Logan’s analysis.

By far the strongest part of the book is the first half, where Logan lays out the problems. He is quite persuasive in helping us see the social consequences of our society’s linking the violence of retributive philosophies and practices that takes already damaged people (convicted criminals) and damages them even further through dehumanizing punitive practices together with a powerful trend toward privatizing prisons and making them serve corporations’ lust for profits.

Logan writes this book as a theologian. He seeks to develop a case for what he calls “good punishment” where violations are taken seriously but become an occasion for seeking to heal the damage done rather than an occasion to unleash the forces of vengeance and (now) capitalist extraction of profits from human misery. He draws especially on the work of the pacifist Methodist theological ethicist Stanley Hauerwas in this constructive effort.

I greatly appreciate Logan’s attempt to respond to this terrible crisis theologically. Indeed, the churches and the larger society are in dire need of such responses. The Dutch law professor, Herman Bianchi, makes the evocative statement that since the western theological tradition has so much responsibility for the crises we find ourselves in, one important step in a positive direction would be to apply some “homeopathic” therapy where we draw on this same tradition for resources that might heal the damage it has done. Logan’s work is an important effort at such homeopathic therapy.

Nonetheless, I found myself somewhat disappointed with the constructive theological proposals Logan makes. One problem arises from his use of Hauerwas as his main interlocutor. Hauerwas has a disconcerting tendency to take concrete ethical issues and mush them up with opaque theological jargon and abstract and vague thought experiments. So, Logan inevitably moves in the same problematic direction by relying on Hauerwas. He makes some perceptive criticisms of Hauerwas’s tendencies in this direction, but they pale in relation to how he nonetheless lets Hauerwas frame a theological response.

Logan’s main constructive proposal is to develop the notion of what he calls a politics of “ontological intimacy”–an unfortunate term that does not really help very much in providing clear directives for a theological, ethical approach to transforming the retributive and corporatist system we suffering under today.

When I picked up this book, knowing that Logan is a Mennonite and with the title “Good Punishment?”, I expected more engagement with the work of John Howard Yoder.  Yoder wrote a set of essays under the rubric of “good punishment” that have never been published (they were written in 1995 and are available online here [this page has many of Yoder’s unpublished writings, scroll down a ways to find the set of lectures calls “The Case for Punishment”]). I thought Logan might be taking Yoder’s creative work as his jumping off point. He does refer briefly to Yoder; however, by letting Hauerwas set the agenda instead of Yoder, he misses an opportunity to make a more significant theological contribution to these important issues.

It is probably true, as Cornel West says in a blurb for the book, that “Logan’s book is the most sophisticated theological treatment of the prison-industrial complex we have.” And Logan deserves our strong appreciation for producing this “treatment.” In the end, though, I still find myself looking for more.

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Nicholas Wolterstorff. Justice: Rights and Wrongs.

Nicholas Wolterstorff.  Justice: Rights and Wrongs. Princeton University Press, 2008.

This is an important book, but also a bit of a frustrating book. Wolterstorff is a well-known Christian philosopher, long-time professor at Calvin College, more recently at Yale University, and currently in residence as an active retiree at the University of Virginia.

I really like his argument. He grounds justice in human rights and he grounds human rights in the inherent worth of each person.  He presents the case for seeing such an understanding in the Bible. I love that he brings the Bible to bear on this discussion, though his presentation is a bit disjointed.  He summarizes his interpretation of the biblical bases for a strong view of human rights, but then kind of leaves it behind as he turns to the philosophical tradition. It feels more like he is using the Bible as an illustration than as a fundamental source.

Probably because I am not a philosopher, Wolterstorff’s long and winding journey through philosophical argumentation did not hold my attention. I like where he ends up, but I did not find the process particularly enlightening.  One big surprise for me was his utter lack of attention to the political philosophers of recent years who have tackled the theory of justice (John Rawls gets a brief footnote early on, Ronald Dworkin gets a passing mention; Robert Nozick, Michael Sandel, Michael Walzer, William Galstone are all completely ignored). I found this lack to be surprising. By not engaging the political philosophers, Wolterstorff allows his discussion to remain on a highly abstract level once he leaves his biblical discussion.

It turns out that this book is part one of a two part work. In the midst of writing on justice, Wolterstorff realized that he needed a thorough treatment of love. He briefly addresses love here but promises a second volume that deal with it in much more detail. I look forward to this second book and believe that some of the problems I have with Justice: Rights and Wrongs (especially how abstract and philosophical it is) will be alleviated when the full work is complete.

One of the most attractive aspect of this work in my mind is Wolterstorff’s openness about his own commitments–he’s profoundly committed to social justice (having been active in anti-apartheid activism and supporting Palestinian rights in the Middle East) and he’s a deeply committed Christian who seeks to view everything through the eyes of his faith convictions.

His argument about justice, human rights, and human worth is profound and deserves careful attention. He provides bases for a Christian perspective on many of the pressing issues of our day that challenge injustice and oppression. Hopefully Wolterstorff himself and others will continue to push out implications of this understanding of justice and apply it to actual on the ground issues.

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Pacifism With Justice (13)

Restorative justice is a recent movement in the criminal justice arena that has sought to foster more humane approaches to dealing the offenders. This essay, “Theology and Restorative Justice,” which part of my book-in-process, Pacifism with Justice: The Biblical and Theological Case, looks at the theological and historical roots of restorative justice and how its philosophy differs from standard, retributive approaches.