Faith and Values: What is justice?

"Justice" is a civic mantra that children begin to learn in kindergarten. When we pledge allegiance to the flag, we close with "justice for all." Our leaders promise it, and some even strive for it.

Who can forget Martin Luther King's soaring eloquence: "We will not be satisfied until justice rolls down like waters and righteousness like a mighty stream."

Lawyers and judges know that justice may even trump the law. Courts sometimes apply what is known as the "ends of justice exception" when the strict letter of the law would lead to an unduly harsh result. United States Supreme Court Justice Potter Stewart expressed it succinctly: "Fairness is what justice really is."

But is fairness all that justice is?

The answer to that question is found in the Hebrew Bible, known to Christians as the Old Testament. Two Hebrew words that we translate as "justice" — mishpat and tzedek — appear in those scriptures hundreds of times.

Dr. King's quote was a paraphrase from the prophet Joel. If he had read from the Hebrew text, he would have said "let mishpat run down." The oft-quoted verse from the prophet Micah to do justice, love mercy and walk humbly translates: "And what does God require of you, but to do mishpat."

Tzedek appears in the promise given by God to Moses in the Torah that is read annually in synagogues: "Justice, justice (Tzedek, tzedek) shall you pursue, that you may live, and inherit the land which the Lord your God gives you."

Author and Pastor Tim Keller, who once led a church in Hopewell, comments on the meaning of mishpat in the book "Generous Justice": "Mishpat means acquitting or punishing every person on the merits of the case, regardless of race or social status. Anyone who does the same wrong should be given the same penalty. But mishpat means more than just the punishment of wrongdoing. It also means to give people their rights."

Likewise, on its website, the Jewish student organization Hillel explains that tzedek is social justice, "the recognition of an injustice and the commitment to work to rectify that injustice through action, service, and education within the community and beyond."

Thus, mishpat represents that concept that is so familiar to Americans of "equal justice under the law." The law must apply uniformly to all regardless of circumstances. Tzedek goes beyond that to encompass an obligation to those who are hungry, homeless, mentally or physically ill, imprisoned or otherwise in need — "the least of these my brethren," according to Jesus.

In the book of Deuteronomy, God charges Israel's leaders to do justice, "to judge the people fairly." Significantly, the Hebrew text conjoins mishpat and tzedek to express what we translate as "fairly." Those leaders were charged doubly with applying the law uniformly while also having due concern for poor, vulnerable and oppressed members of society.

So what is justice? Indeed it is grounded in fairness. But it also includes our civic duty of equality under the law and our moral responsibility to assist those in need.

Justice, justice may we pursue.