07_SANCHEZ.qxd:Layout 1 20-09-2007 11:36 Pagina 60 Charity and Justice in the Relations among Peoples and Nations Pontifical Academy of Social Sciences, Acta 13, Vatican City 2007 www.pass.va/content/dam/scienzesociali/pdf/acta13/acta13-sanchez.pdf GLOBAL JUSTICE IN POTENCY? MARCELO SÁNCHEZ SORONDO ‘Remota itaque iustitia quid sunt regna nisi magna latrocinia?’ (St Augustine, De Civ. Dei, IV, 4; PL. 41, 115) ‘Nowhere that the human being makes himself the one lord of the world and owner of himself can justice exist. There, it is only the desire for power and private interests that can prevail’ (Benedict XVI, Homily of 2 October 2005) I am very conscious of the declaration of the Supreme Pontiff John Paul II, the first Polish Pope in history and thus a man from a country that has suffered great injustice, to the effect that ‘Peace is born not only from the elimination of theatres of war. Even if all these latter were eliminated oth- ers would inevitably appear, if injustice and oppression continue to govern the world. Peace is born of justice: Opus iustitiae pax’.1 The almost imme- morial origin of the idea of justice, its emergence beyond the mythical matrix of Greek tragedy, and the perpetuation of its divine connotations in secular societies, shows that the sense of justice is not limited to the con- struction of legal systems, which, however it never ceases to generate and nourish.2 Writing within a context of realism, St Thomas Aquinas affirmed 1 John Paul II, Address to the Pontifical Academy of Sciences, 12 November 1983, in The Pontifical Academy of Sciences, Papal Addresses to the Pontifical Academy of Sciences 1917-2002 and to the Pontifical Academy of Social Sciences 1994-2002. Benedict XV, Pius XI, Pius XII, John XXIII, Paul VI and John Paul II (Vatican City, 2003), p. 261. 2 Saint Thomas Aquinas places great emphasis on the superior architectural impor- tance of justice inasmuch as it orders each man, in himself and in relation to others, to good: ‘while a part, as such, belongs to a whole, so that whatever is the good of a part can be directed to the good of the whole. It follows therefore that the good of any virtue, whether such virtue directs man in relation to himself, or in relation to certain other individual persons, is referable to the common good, to which justice directs: so that all 07_SANCHEZ.qxd:Layout 1 20-09-2007 11:36 Pagina 61 GLOBAL JUSTICE IN POTENCY? 61 that the attraction towards just relationships with other people has priori- ty over all the other imperatives of conscience and is the beginning of the ethical dimension: ‘man has a natural inclination to know the truth about God, and to live in society: and in this respect, whatever pertains to this inclination belongs to the natural law; for instance, to shun ignorance, to avoid offending those among whom one has to live, and other such things regarding the above inclination’.3 St Thomas had read this in Aristotle’s Eudemian Ethics which speaks directly about a divine instinct, that is to say a ‘qualifying immediate tendency’ (orme).4 Thus this inclination constitutes a natural impulse to knowledge of God, on the one hand, and to the primor- dial requirement to achieve social life by means of justice, on the other. Hence, if justice is the central path to interpersonal relations, this is even acts of virtue can pertain to justice, in so far as it directs man to the common good. It is in this sense that justice is called a general virtue’; i.e. ‘Pars autem id quod est totius est, unde et quodlibet bonum partis est ordinabile in bonum totius. Secundum hoc igitur bonum cuiuslibet virtutis, sive ordinantis aliquem hominem ad seipsum sive ordinantis ipsum ad aliquas alias personas singulares, est referibile ad bonum commune, ad quod ordinat iustitia. Et secundum hoc actus omnium virtutum possunt ad iustitiam pertinere, secundum quod ordinat hominem ad bonum commune. Et quantum ad hoc iustitia dici- tur virtus generalis’ (S. Th., II-II, q. 58, a. 5 cor.). The comparison with charity is also very significant. ‘for just as charity may be called a general virtue in so far as it directs the acts of all the virtues to the Divine good, so too is legal justice, in so far as it directs the acts of all the virtues to the common good. Accordingly, just as charity which regards the Divine good as its proper object, is a special virtue in respect of its essence, so too legal justice is a special virtue in respect of its essence, in so far as it regards the common good as its proper object. And thus it is in the sovereign principally and by way of a mastercraft, while it is secondarily and administratively in his subjects’; i.e. ‘Sicut enim caritas potest dici virtus generalis inquantum ordinat actus omnium virtutum ad bonum divinum, ita etiam iustitia legalis inquantum ordinat actus omnium virtutum ad bonum commune. Sicut ergo caritas, quae respicit bonum divinum ut proprium obiectum, est quaedam specialis virtus secundum suam essentiam; ita etiam iustitia legalis est specialis virtus secundum suam essentiam, secundum quod respicit commune bonum ut proprium obiectum. Et sic est in principe principaliter, et quasi architectonice; in subditis autem secundario et quasi ministrative’ (Ib., a. 6 cor.). 3 ‘Inest homini inclinatio ad bonum secundum naturam rationis, quae est sibi propria, sicut homo habet naturalem inclinationem ad hoc quod veritatem cognoscat de Deo, et ad hoc quod in societate vivat. Et secundum hoc, ad legem naturalem pertinent ea quae ad huiu- smodi inclinationem spectant, utpote quod homo ignorantiam vitet, quod alios non offendat cum quibus debet conversari, et cetera huiusmodi quae ad hoc spectant’ (S. Th., I-II, q. 94, a. 2 cor.). 4 Aristotle, Eudemian Ethics, Book of Good Fortune, n. 3; see also C. Fabro, ‘Le liber de bona fortuna chez Saint Thomas’, Revue Thomiste, 1988, p. 356 ff. 07_SANCHEZ.qxd:Layout 1 20-09-2007 11:36 Pagina 62 62 MARCELO SÁNCHEZ SORONDO more the case in our globalised world. Of course justice means first and foremost giving each person their due, as the old Latin adage says: ‘unicuique suum tribuere’.5 ‘Each one’ is a distributive pronoun because ‘the specific act of justice consists in no less than giving to each what is his’.6 Perhaps one could say that with the discovery of America the idea first emerged of a universal community of all men on the basis of the theoretical recognition of the ius gentium (the law of peoples) proposed by de Vittoria which requires that the various peoples of the world mutually respect each other and co-operate in promoting justice and the common good,7 even though it does not exclude the ‘defence’ of certain peoples by others in order to achieve the growth of those peoples that are not fully developed. In real- ity, in addition to the positive contributions that at times were present, this defence often degenerated into the practice of colonial domination which frequently involved (in the judgement of scholars) the economic exploita- tion of the colonised territories, provoking in turn the process of decoloni- sation. In general, the establishment of order amongst the peoples of the world was achieved through bilateral treaties: states which were in a formal sense equally sovereign, pursuing their own national interests, negotiated and arrived at transactions. It often happened that the interests of the most economically powerful states prevailed over the interests of weak states which had to accept such conditions as a lesser evil. Perhaps this was also true of the nineteenth and twentieth centuries with the appearance of mul- 5 St Ambrose affirms that: ‘iustitia est quae unicuique quod suum est tribuit, alienum non vindicat, utilitatem propriam negligit ut communem aequitatem custodiat’, i.e. ‘It is jus- tice that renders to each one what is his, and claims not another’s property; it disregards its own profit in order to preserve the common equity’ (De Off. 1, 24). 6 ‘Proprius actus iustitiae nihil est aliud quam reddere unicuique quod suum es’ (S. Th., II-II, q. 58, a. 11 cor.). 7 In Hegel’s view: ‘only with the message of Christ, which holds that the individual as such has an infinite value being the subject and purpose of the love of God and is destined for an absolute relationship with God as spirit and to ensure that this spirit dwells within him, that is to say that man is in himself destined for the highest freedom, did the idea that all men are equal come into the world’: Enz. §.482. This is demonstrated, inter alia, by the fact that the Athenians, the people shaped by Plato, Aristotle and Pericles, in their first war speech to the Spartans said ‘it has always happened that the strong have dominated the weak; in addition it seems to us that we are worthy of this empire and so it seemed to you as well, until suddenly, while speaking about what is useful, you have unsheathed the lan- guage of justice. But in the name of the justice no one has been induced to forgo an advan- tage if the opportunity was offered to him of obtaining something by force’: Thucydides, The Peloponnesian War, bk. 1, chap. 76. 07_SANCHEZ.qxd:Layout 1 20-09-2007 11:36 Pagina 63 GLOBAL JUSTICE IN POTENCY? 63 tilateral agreements in order to uphold specific socio-economic interests rooted in certain visions of the world that were more utilitarian than co- operative.