Thought for the Day

Rev Dr Sam Wells


Listen Later

Good morning. Justice delayed is justice denied. But justice rushed is no bowl of cherries either. In July, Lord Leveson warned that "fundamental" reforms to the jury system in England and Wales were needed to "reduce the risk of total system collapse." But yesterday, a leading barrister argued the judiciary is not diverse and is unrepresentative of the communities it serves, which can be intimidating to victims, witnesses and defendants.

On the surface the debate looks like a face-off. There’s pragmatism, which says, ‘Forget juries for sentences under three years, and realise complex fraud trials are beyond a jury’s comprehension’; and then there’s principle, which says, ‘The jury system is foundational to our whole understanding of justice.’ But in reality, principled opponents of change point out that, according to a think tank, only 2 percent of cases may be affected while pragmatic proponents say justice is about more than a set-piece trial. Beneath the surface lie further dynamics like the nature of a legal career and the lack of people wanting to become judges.
Above the Old Bailey stands a bronze statue of Lady Justice. Personifying justice implies it’s an absolute – that justice can definitively be arrived at, whereupon other blessings will follow. But justice is not an abstract goal – it’s a set of conventions, arrived at through striving for social order and well-being.
Pure justice is an idol; there’s very little that’s pure about human relations gone so badly wrong as to involve the courts. Justice is a system, not an ideal; a best attempt, not perfection. Establishing good conventions is the heart of justice. Those conventions, far from being luminous and eternal, are always in need of updating.
But that moment of refining is a very sensitive one. Because conventions, whether in law or in any other institution or relationship, rest on something more fundamental. And that fundamental quality is trust. Criminal cases arise when the trust that underpins all civilised society has broken down, and it seems a person has acted in a way that undermines the confidence we place in one another to function and interact together. Justice is a process by which that trust can be restored, involving a balance of accountability, judgement, punishment, mercy and rehabilitation.
When the psalmist says, ‘Oh, how I love your law! It is my meditation all day long,’ he’s saying well-being lies in a balance of giving each their due, which in his case includes giving God God’s due. But to create new conventions, that work for victims as well as authorities, means recognising that justice is about restoring trust, in the system – and in one another.

...more
View all episodesView all episodes
Download on the App Store

Thought for the DayBy BBC Radio 4

  • 4.6
  • 4.6
  • 4.6
  • 4.6
  • 4.6

4.6

56 ratings


More shows like Thought for the Day

View all
Global News Podcast by BBC World Service

Global News Podcast

7,846 Listeners

From Our Own Correspondent by BBC Radio 4

From Our Own Correspondent

375 Listeners

More or Less by BBC Radio 4

More or Less

852 Listeners

Newshour by BBC World Service

Newshour

1,069 Listeners

The Reith Lectures by BBC Radio 4

The Reith Lectures

164 Listeners

In Our Time by BBC Radio 4

In Our Time

5,555 Listeners

The Documentary Podcast by BBC World Service

The Documentary Podcast

1,799 Listeners

In Our Time: History by BBC Radio 4

In Our Time: History

1,892 Listeners

6 Minute English by BBC Radio

6 Minute English

1,773 Listeners

Learning English Conversations by BBC Radio

Learning English Conversations

1,060 Listeners

The Infinite Monkey Cage by BBC Radio 4

The Infinite Monkey Cage

1,967 Listeners

Desert Island Discs by BBC Radio 4

Desert Island Discs

2,000 Listeners

Great Lives by BBC Radio 4

Great Lives

500 Listeners

Profile by BBC Radio 4

Profile

109 Listeners

Last Word by BBC Radio 4

Last Word

47 Listeners

The Week in Westminster by BBC Radio 4

The Week in Westminster

35 Listeners

BBC Inside Science by BBC Radio 4

BBC Inside Science

413 Listeners

Thinking Allowed by BBC Radio 4

Thinking Allowed

307 Listeners

Moral Maze by BBC Radio 4

Moral Maze

64 Listeners

The Audio Long Read by The Guardian

The Audio Long Read

844 Listeners

Start the Week by BBC Radio 4

Start the Week

159 Listeners

The Briefing Room by BBC Radio 4

The Briefing Room

73 Listeners

Political Thinking with Nick Robinson by BBC Radio 4

Political Thinking with Nick Robinson

117 Listeners

You're Dead to Me by BBC Radio 4

You're Dead to Me

3,214 Listeners

The Bomb by BBC World Service

The Bomb

1,021 Listeners