Three Concepts of Justice
| Author | Francis Knox |
| Published date | 01 January 2001 |
| Date | 01 January 2001 |
| DOI | http://doi.org/10.1177/0032258X0107400307 |
| Subject Matter | Article |
FRANCIS KNOX
THREE CONCEPTS OF JUSTICE
I believe it would considerably clarify current problems in law and
criminology to distinguish three kinds of justice, associated with
particular periods of history and/or certain geographical areas.
The first, which may be called Anglo-Saxon, emphasises justice in
relationships between individuals, families and groups (tribes, local-
ities) and is concerned with the compensation which should be paid or
the remedies or revenge which may be exacted for wrongs done. The
prime aim is to set limits on such claims and so to prevent escalation of
wrongs into long-running blood feuds or tribal wars. The same over-
riding aim is seen in the Old Testament principle of 'an eye for an eye',
not, as sometimes interpreted, an exhortation to go out and take
revenge, but to set limits on such revenge; and in law or custom in
some Arab states, based on the Koran.
In his history of the common law, Justin Fleming notes that the first
written laws in Britain after the end of Roman rule date from about
600 AD, by King Aethelbert with help from churchmen, including
St Augustine, and another clerical assembly about 700 AD. There was
much local variation, but as a basic principle:
During the 500 years of the Anglo-Saxon period, from the sixth to
the eleventh century, a system of atonement prevailed in various
forms. Acts of crime were followed by acts of revenge, and by the
end of the period, considerable ritual attended revenge. [After
killing a murderer] it was declared improper to take the victim's
goods, his horse, his helmet, his sword or his money. The revenge
had to be pure. The revenger had to
layout
the dead body of his
victim with the head pointing west, feet pointing east upon the
shield (if he had one). The revenger must then place the dead man's
spear into the ground in such a way that his arms may be tied
around it and his horse tied to it
...
[Later] the notion of paying
with money rather than blood became more desirable. Friends and
family could then take round the hat and settle the dispute with the
healing power of cash. The 'wer', the 'wite' and the 'bot' were
various such compensations (Fleming, 1994).
The 'wer' was compensation for death or injury, the 'bot' was
compensation for damage to propety and the 'wite' was a fine payable
to the King in addition to the compensation paid to the victim or
his family (Walker, 1980) and so probably an example of the next,
Norman, rather than Anglo-Saxon, justice.
The Koran also stipulates 'an eye for an eye and a life for a life'.
Only the killer can be killed; 'blood revenge' involving relatives and
continuing for generations is replaced by 'just retaliation'.
The Police Journal, Volume 74 (2001) 229
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