LIBERTY AND JUSTICE FOR ALL?

In my recent post, “Reflections on the Occasion of Fidel Castro's Passing”^*, I wrote about the qualities I value in the Cuban revolution: free and improved education, free world-class healthcare, world-class achievements in agriculture and dairy production, and significant gains in equality among the citizens. In response, a good friend who had previously raised questions critical of Castro and the revolution responded: “I simply think that liberty, universally, is worth more than anything you mentioned.”

That got me thinking! I live in a country that claims “liberty and justice for all.” But as I reflect, it seems to me there is a contradiction in this phrase. It implies that one can enjoy both liberty and justice fully and equally. However I would suggest that each of these values in fact limits the other.

By liberty, do we mean absolute liberty? If so, then this would mean, according to a definition given on google, “having the power or scope to act as one pleases.” A slightly more sophisticated – and revealing – statement defines liberty as “a condition in which a man’s (sic) will regarding his own person and property is unopposed by any other will.”¹ But is it possible to have this kind of liberty universally, if by universal we mean that such liberty is enjoyed by all persons?

I suggest that the latter definition is more revealing because it points to the conundrum that exists when we are dealing with universal liberty and justice. If one is the only living being on a desert island, perhaps one can do whatever one pleases. However, to paraphrase John Donne, in fact “no human person is an island.” Human life begins in family and is lived out within community and society. If all then are to enjoy liberty, it is a liberty that is not absolute but that must necessarily be limited – limited by the fact that it cannot impose upon or transgress the liberties of others. In fact our founding fathers recognized this limitation. Thomas Jefferson asserted that “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.”²

Now, if liberty is about individual experience, justice in this context is about the experience of community. It is about the inter-connection between individuals with their liberties, ensuring all persons an equal (although not an absolute) level of liberty (and at the same time an equal level of limitation to their liberty). If it applies to “all,” this means that for there to be justice no one may rightfully exercise a level of personal liberty that is greater than that of everyone else in the community/society. And similarly, no one – regardless of whatever attribute we may choose – may be deemed to qualify for a lesser degree of personal liberty than anyone else in the community. Common synonyms for justice include “fairness,” “equity,” “even-handedness,” “impartiality.”

So how do we balance liberty and justice? If as a nation we give preference to personal liberty, fairness is threatened. On the other hand, the broader our commitment to justice, the greater the limitations on personal liberty. To return to the question of Cuba, this it seems to me is the difference between the United States and Cuba. The United States, despite our claim of “liberty and justice” has always given greater credence to liberty. In actual fact that has meant greater liberty for some (based on race, gender, class, sexual preference, etc.) and less for others; i.e. the diminishment of justice. By contrast post-revolutionary Cuba has given priority to justice. This has however required limiting personal freedom.

So where does this reflection take us? I would like to suggest that instead of liberty and justice, there is a different set of measures that do a better and more effective job in helping us envision and strive for the ideal society. Furthermore I believe that these measures - by giving us a different language and focus – will in fact help us create the proper balance between liberty and justice. What I propose is that the ideal society be characterized by “quality of life” and “the common good.” In my next post I will explore this proposal more deeply.

* See my December 18, 2016 post.

1 See the online article “What is Liberty Exactly?

2 Ibid. Emphases added.