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In this past week's the Torah reading we read, "Justice, justice you shall pursue." (Deut. 16:20) . [Tzedek, tzedek tirdof] Justice, or the Hebrew, tzedek is a concept that we use often, but have difficulty explaining. Let’s start with the etymology of the words. Justice is from the root “just” which comes to English from the French and Latin iustus meaning lawful, legitimate or equitable. The Hebrew root of tzedek seems be connected with righteousness and speaking the truth. When a court tries a case it seeks to find the truth.
On last Shabbat afternoon I asked a neighbor who is a lawyer what he thought was the definition. He prefaced his remarks by saying, “You’re not going to like what I have the say. Justice is connected to power and public policy. “ The others at the table couldn't believe him especially since he is now a defense attorney and was once a prosecutor. We tried to argue with him that justice is about being fair and right under the law. He was insistent, that justice has more to do with who has the power and less with what is righteous and just. He gave historical examples of a time when being poor was a crime and to ask for help was forbidden. Other examples are when the ruling elite did not allow places of worship for other groups to be built and did not allow voters who were of another group to vote {1}.
In examining the meaning of the Hebrew term, tzedek we should look no further than the first book of the Torah. In the first chapter of Genesis (1:27) we get a clue as to the the relationship between man and God - man was created in the image of God, b'tzelem elokim. We are but guardians of our bodies, God is the owner. Later (Genesis 4:9) we are told that we are responsible for one another; we are our brothers’ keepers. In Exodus (20:12) we are commanded to honor our parents; parents are the agents of God as transmitters of traditions and knowledge.
In Leviticus (19:14) it is written, “You shall not curse the deaf. . ” Which means even if someone has a defect in one of their senses they are to be treated with dignity. “Love your fellow as yourself” in Leviticus 19:17 teaches us to respect everyone as we would want be be respected.
The verse, “Justice, justice you shall pursue” in Deuteronomy (16:20) gives us a clue as to how we express tzedek. The word, “Justice”(tzedek) is repeated to indicate one should certainly pursue the righteous or just decision. Finally in Micah (6:8) “Do justice, love goodness, and walk humbly with God.... “ . equates justice, good and Godliness. Godliness and the "image of God" from Genesis are equated. One who administers the law fairly is following the Divine mandate.
In English, “justice” is supposed to be a systematic and fair way of satisfying claims, both monetary and criminal. In the criminal justice system the “state” is the party that makes a claim in the name of the “people” against the law breaker. In business or contract law the parties are the one who can make a claim against one another. In the secular law system “justice” has nothing to do with Godliness. When I discussed “justice” with my lawyer sister, she said the same thing about power and public policy that my neighbor expressed. If one has power or money they can pursue more “justice” than someone without. While society is much better today in respecting the “other” we are still far from equating “justice” with righteousness and Godliness.
{1} 90 years ago this month the 18th amendment that allowed women to vote was ratified. See: “My Favorite August,” by Gail Collins. Published as an op-ed column in the New York Times, August 13, 2010, Retrieved from http://www.nytimes.com/2010/
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