Vol. XXXVIII / 1 - Studia Moralia

THE INJUSTICE OF JUSTICE AND THE JUSTICE OF INJUSTICE 245
boundaries of the traditional moral domains: justice is either
comparative, or it is noncomparative. Though both of these
types of justice make use of both the principles of equity and
equality, the way they do so is complementary. Comparative
justice corresponds more commonly to the demands of equality,
noncomparative justice corresponds roughly to the demands of
equity. In the first, injustice consists in treating people
differently; in the latter, in treating them alike. 39
This distinction and the resulting tension which most people
feel when facing the underlying reality it attempts to elucidate is
illustrated in Jesus’ parable of the workers in the vineyard found
in Matthew 20:1-16. 40 According to the perspective of
comparative justice, the owner has violated the principle of
equity because he pays each of his workers the same amount,
even though in comparison some have worked 3 times the
amount of others. The equitable thing is to pay more to those
who have worked more. However, from the perspective of
noncomparative justice the owner has not violated the principle
of equity. He is just, because he has fulfilled the demands of
equality. Each has been paid according to what was agreed
upon, regardless of considerations of what others had agreed
upon, and each has received the exact same amount. Whether
one of these two types of justice orientation is primary in the
teachings of Jesus, or whether there is a difference of dominance
between one or the other type of justice concept in the Old
Testament as compared to the New Testament are issues for
Biblical scholars to resolve. My purpose here is to point out the
very real presence of this distinction in our tradition and
theological sources and remind the reader that depending upon
which perspective we adopt, the same action can be easily
39
J. FEINBERG, Rights, Justice and the Bounds of Liberty, pp. 266-277.
40
Other scriptural examples which might be read from the perspective
of this distinction would include the Old Testament law of the talon, the
rules for conquest and warfare; in the New Testament the Father’s response
to the prodigal son’s brother, the parable of the talents, the observation
concerning the widow’s mite, the parable of the unjust judge, and the parable
of the unforgiving servant.