Thursday, August 28, 2014

Seek Justice…Justly: A Drash for Parashat Shoftim, Friday 29 August 2014

How many times have you heard the expression “the end justifies the means”?  Usually it is invoked to justify some harm, either inadvertent or deliberate, done as ‘collateral damage’ when seeking some allegedly good end.  I say allegedly, because this week’s Torah portion instructs us very explicitly to employ no unjust means in the pursuit of justice.
          In the third verse of our portion, Deuteronomy 16:20, we read the famous pronouncement:  Tzedek, tzedek tirdof, lema’an tichyeh veyerashta et-ha’aretz asher Adonai Eloheicha notein lach.  “Justice, justice, you shall pursue, so that you may live and inherit the land that the Lord your God is giving you.”
          The Rabbis are mostly in agreement as to why the word “justice’ is repeated in the verse.  They believe it means that you must pursue Justice, justly.  In other words, there is no “end justifies the means.”  When pursuing a good end, you must use good means.  Full stop.  Any evil caused either deliberately or inadvertently in the pursuit of a good end is, well, evil.
          Dennis Prager, one of my favourite commentators on contemporary life, points out that the vast majority of evil in the world, is done by people whose intentions are good, not evil.  Think about it.  There are enough people of truly ill will around.  But so much damage to others is done with good intentions.
For example, many political ideologies are well-intentioned, but bring about pain and suffering.  Take communism, for example.  It sounded noble, didn’t it?  Workers of the world uniting to take control of the fruits of their own labour.  From each according to his abilities, to each according to his needs.  Pretty utopian.  Hint:  any ideology that sounds utopian, is virtually guaranteed to bring about evil.  Why?  Because utopia is so eagerly sought, so good, that those trying to bring it about will look beyond any suffering their actions cause.  Because after all, it’s suffering caused in the pursuit of good.  So look at the millions upon millions displaced and even slaughtered in pursuit of imposing utopian communism upon the Soviet Union and the various ‘Peoples’ Republics’ around the world.
Now communism might sound like a bad example because it is an extreme case.  So let’s look at something less totalitarian, at various anti-poverty programs that have been tried in various places in the world.  Who can argue with the sentiment of lifting one’s brother out of poverty?  So in 1964, President Johnson in the USA signed into law the act that came to be known as ‘The Great Society.’  It was an omnibus menu of anti-poverty programs.  It did not eradicate poverty, or even put a dent in it.  But it did lead to what many consider the destruction of the working poor family, especially among black Americans.  In country after country where anti-poverty programs are instituted, the result is the weakening and even destruction of family life.
          Look at religious groups which, in support of the goal of creating a society infused by obedience to God, impose violence and pain.  Such evil consequences are found in varying measures, from the Westboro Baptist Church interrupting funerals to demonstrate for their brand of morality, to Al Qaeda jihadists hijacking airliners and killing thousands.  Speak to any of the perpetrators, and they would have told you that they were working to bring about paradise on earth.  At what cost ‘paradise’?
          War is probably the ultimate evil to impose on the world.  And the Torah has a lot to say about it.  It prescribes conditions under which it is permissible to go to war:  the so-called ‘just war’ test or in Latin, Jus ad Bellum.  And it also prescribes way that war fighters must work to ameliorate the effects of their actions.  In Latin, these ‘laws of war’ are called Jus in Bello.  In Hebrew, they are called, Tohar Haneshek, meaning ‘Purity in Arms.’
          It’s easy to find examples of permitted and forbidden behavior in war, since another round of fighting in Gaza has just concluded.  From the Torah to the Geneva Conventions, war fighters are forbidden to deliberately endanger civilian populations in order to hide their whereabouts or shelter their means.  The first time we heard the term ‘human shields’ used in this context was in 1990, when Saddam Hussein used foreigners caught in Iraq during the build-up toward Operation Desert Storm, in that capacity.  Saddam very infamously gathered them, ostentatiously chaining them to likely coalition targets and daring President Bush to endanger the innocents.  And of course, Hamas has bought into Saddam’s playbook in a big way, hiding missile launchers and munitions storage, not to mention Command, Control, and Communications installations, in hospitals, schools, and mosques.  The more the Israeli Defence Forces tried to take out these installations with a minimum of collateral damage, the deeper Hamas buried these targets into civilian installations, cynically causing their citizens to be killed in pursuit of making the Israelis look like Jack the Ripper.  The sad thing is that much of the world’s press bought right into it.
          The duplicitous endangering of civilians by Hamas is a prime example of the ends never justifying the means.  Of course Hamas wants to neutralize the Israeli Army and end the so-called Blockade.  But to employ evil effect to do so, makes them…evil.
          You can see how, over and over again, people who have allegedly good intentions, who desire a good end, will use evil means.  From suicide bombers to religious zealots, from politicians wanting to save the poor, or the environment, or just save us from ourselves, to a certain congregation’s president who tells her members, in effect, “Yes, we stole your temple…but we did it to save it from ruin.”  In so doing, she and her board…ruined it.

          But the Torah already laid down the ground rules millennia ago.  You cannot employ evil to achieve good means.  No matter how lofty the goal, you cannot employ means that cause pain and suffering.  Or other bad effect.  You cannot justify bad actions in pursuit of something that is supposed to be good.  Because in the end, you will seldom end up achieving anything that is good.  Pursue Justice, Justly.  The means is as important as the end.  Shabbat shalom.

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