Justice, Beneficence, & Mercy

by Jennifer Stump Garcia

As Americans, we are taught from an early age that justice is the foundation for our society. This is based on the principle of utilitarianism, that our duty to uphold justice produces the most good for the benefit of many. This teleological principle reflects the very consequential nature of our duty, to do good and balance the scales against evil. Yet this does not ensure goodness will be the product. Rabbi Kushner wrote, “To be kind to the cruel is to be cruel to the kind.” In this context, we can see how many ethical dilemmas are justified in and out of our courts of law. Examples can be seen in sentencing of death for serial murderers, or in not asking a child to testify against their abuser. For the good of society, we want the “bad people” brought to justice and convicted and sentenced, so we can sleep knowing their lust for evil cannot surface again. Yet we must ask ourselves, at what price must the victims pay, and continue paying? Some victims are incapable of surviving the retelling and reliving of the horrors, without dissolving into a shell forever. Must we make them uphold their duty of justice for society, without the guarantee their action will bring the relief of goodness? As a civilized society, we must. Yet sometimes the system fails, and the unpredictable occurs. Anger floods society. Perhaps it is times like this that momentary grace intervenes, allowing the victims mercy and freedom from reliving their nightmares.

References:
Carroll, A. B., & Buchholtz, A. K. (2015). Business & society: Ethics, sustainability, and stakeholder management (9th ed.). Stamford, CT: Cengage Learning.
Kushner, H. S. (1993). To life! A celebration of Jewish being and thinking. New York, NY: Warner Books.