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Justice

"One came to Hillel to be converted, provided that he could be taught the whole Torah [Law] whilst he stood on one foot. Hillel said: What is hateful to thyself do not to thy fellow: this is the whole Torah and the rest is commentary; go study." — The Talmud.

Frederick Verinder: My Neighbor's Landmark: Short Studies in Bible Land Laws (1911) — 4: The Year of Jubilee: Land and Liberty

§4. In our "Diamond Jubilee" procession, on 22nd June 1897, the visible embodyments of Samuel's forecast were paraded before the eyes of an admiring public; a procession of rent-eaters and tax-eaters, titled and other, along a lane of forty thousand fighting men. The then Prince of Wales fathered a "Jubilee" fund for postponing the public support and control of the public hospitals. His gracious consort started another fund for giving one square meal for once in a while to some of the beggars and outcasts who people the slums. But a real Jubilee on Old Testament lines would, if carried into practice in Bible-reading England, render five-sixths of the hospitals unnecessary by remedying the social injustices which breed avoidable sickness and cause premature death; and, by establishing equity as the basis of social relations, would abolish the slums, and impose starvation as a penalty only upon wilful and obstinate idlers. To the Hebrews, the Jubilee meant a year's holiday. The Victorian equivalent for this was a day's holiday by Royal proclamation — a holiday for which many workmen had to pay by the loss of a day's wages — and even this (so incurably are we given over to the worship of Mammon) was announced, not as a national holiday, or as a religious holy-day, but as a "Bank" holiday. This was entirely worthy of a nation of shopkeepers, who exploited even a revel of "loyalty" in the interests of Diamond Jubilee Syndicates, gathering unearned increment along the line of route at an "expected," but not always realised, "profit" to the shareholders of thousands per cent.

In England, with its immense wealth and its chronic poverty, with its Empire upon which the sun never sets and its slums where the sun never rises, there is nothing more greatly to be desired than a real Jubilee. Once in every generation the Hebrew people were called to a National rejoicing: not because the courtiers' prayer, "O King, live for ever" had sounded in royal ears for half a century, but because the reign of social justice was being re-established; because the erstwhile disinherited was once more a free man and a citizen. If the principles of the Hebrew land laws were applied under our constitutional monarchy, we could with the greater heartiness "sing with heart and voice, God save the King," because we should no longer fear that a crowd of hungry men might send back, as a sort of dismal echo, the dreary chorus, "We've got no work to do." ... Read the whole chapter, including footnotes

 

Frederick Verinder: My Neighbor's Landmark: Short Studies in Bible Land Laws (1911) — 7: Justice

§ 2. Some foreshadowing of this way of looking at things may be frequently found in the O.T. writers. Note, for instance, the implied argument in the following passages:—

"Thou shalt not have in thy bag divers weights, a great and a small. Thou shalt not have in thine house divers measures, a great and a small. But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have: that thy days may be lengthened in the land which the Lord thy God giveth thee. For all that do such things, and all that do unrighteously, are an abomination unto the Lord thy God" (Deut. 25:13-16).

"Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honor the person of the mighty: but in righteousness shalt thou judge thy neighbor. … Ye shall do no unrighteousness in judgment, in meteyard, in weight, or in measure. Just balances, just weights, a just ephah, and a just hin, shall ye have: I am the Lord your God, which brought you out of the land of Egypt. Therefore shall ye observe all My statutes, and all My judgments, and do them: I am the Lord " (Lev. 19:15, 35-37)

So, one of the morals of the epoch-making deliverance from Egypt is, that a pound must not weigh less than sixteen ounces, and that a bushel measure must always be big enough to hold a bushel; and so important is this elementary sort of honesty, that the national existence depends upon the faithful observance of it.

§ 3. The Hebrew words usually translated "righteous" and "righteousness," but some times also translated "just" and "justice," are represented in the Septuagint by the Greek words, διχαιος and διχαιοςοσνυτ [in the Vulgate, justus and justitia] They mean primarily "just" and "justice," and much of the O.T. would have a clearer meaning to us if they were usually so rendered, especially in the older parts of the O.T. writings, where their significance is purely ethical. Consider, for instance, the definition of "righteousness" implied by Jeremiah's use of the word —

"Thus saith the Lord: Execute ye judgment and righteousness [justice], and deliver the spoiled out of the hand of the oppressor and do no wrong, do no violence to the stranger, the fatherless, nor the widow, neither shed innocent blood in this place. … Woe unto him that buildeth his house by unrighteousness, and his chambers by wrong; that useth his neighbor's service without wages, and giveth him not for his work; that saith, I will build me a wide house and large chambers, and cutteth him out windows; and it is cieled with cedar, and painted with vermilion. Shalt thou reign, because thou closest thyself in cedar? did not thy father eat and drink, and do judgment and justice, and then it was well with him? He judged the cause of the poor and needy; then it was well with him: was not this to know Me? saith the Lord. But thine eyes and thine heart are not but for thy covetousness, and for to shed innocent blood, and for oppression, and for violence, to do it" (Jer. 22:3, 13-17).

§ 4. The conception of JUSTICE as the foundation of all law, Divine and human, pervades all the teaching of the Law and the Prophets.

God Himself is immovably just. "He is the Rock, His work is perfect; for all His ways are judgment; a God of truth and without iniquity [in-equity, injustice], just and right is He." "The judgments of the Lord are true and righteous altogether;" He "is righteous in all His ways;" He judges truly and justly for ever.

Because the just Lord loveth justice and delights in it, and honors the just, He gives just laws to His people. "What great nation is there, that hath statutes and judgments so righteous as all this law, which I set before you this day?

Because the just God, the Judge of all the world, judges "in justice," the Law must be justly administered. "He that ruleth over men must be just, ruling in the fear of God." The earthly judge must "judge the people with just judgment;" must have no respect of persons; must not take bribes. A man might only be punished after diligent inquiry, and on sufficient evidence. Punishment, on conviction, was not to be excessive, and must be carried out in the presence of the judge. Perjury, which poisons the well of justice, was severely punished. There was provision for appeal to the highest court in difficult cases. "That which is altogether just shalt thou follow, that thou mayst live, and inherit the land which the Lord thy God giveth thee."

§ 5. But the Hebrew conception of Justice was not merely forensic. It was not enough that the administration of the national law should be just. Justice must rule all social relations within the Nation. "Justice and judgment are the habitation of Thy throne: mercy and truth shall go before Thy face. Blessed is the people that know the joyful sound: they shall walk, O Lord, in the light of Thy countenance." Justice must rule in Israel, because "the just Lord is in the midst thereof," and "they that fear the Lord shall find judgment, and shall kindle justice as a light;" "for the ways of the Lord are right, and the just shall walk in them."

Nor did "Justice" consist in the mere formal observance of written laws or of binding custom which forbade the invasion of the legal or customary rights of others; for the Lord exercises "loving-kindness" as well as "judgment and justice in the earth," and His tender mercies are over all His works. Man must be just before he is generous, because generosity cannot begin till justice has been done: he ought to be both just and generous. The Law secured to him, under the protection of a curse, the equal right of access to land, and therewith the right to the produce of his own labor; but it made common to all the spontaneous growths of the sabbatic year "that the poor of thy people may eat," and it secured to "the stranger, the fatherless and the widow" the immemorial right of gleaning, and to the wayfarer the right to satisfy his hunger from the growing crops. The just man, enjoying the bounteous provision which God has made for His children, considers the cause of the poor. He should lend to his brother Hebrew in misfortune without grudging, and without interest. He should be ready to put himself to trouble in order to save his "brother," or even his "enemy," from the loss of what justly belongs to him. Nor might he build a house or dig a well without taking precautions to protect others from liability to accident.

Moreover, the Hebrew conception of justice covered also the conduct of man towards his still poorer relations, his humbler fellow-creatures of the stable and the field. "A righteous (Vulg., justus) man regardeth the life of his beast." The ox that tramped round the threshing-floor must not be muzzled in sight of the heap of corn; a weaker and a stronger animal must not be yoked together to the same plough.

§ 6. Can we wonder that the later Prophets of Israel, inspired by such ideals as these, looked forward to the time when they should conquer the world of humanity, when the kingdom of the Messiah should be established in Zion on the "sure foundation" of Justice? Then the Sun of Justice shall arise with healing in His wings, and all the inhabitants of the world will learn Justice. So, through Justice, shall come Social peace. "Behold a king shall reign in righteousness, [Vulg., in justitia], and princes shall rule in judgment. … Then judgment shall dwell in the wilderness, and righteousness [justitia] remain in the fruitful field. And the work of righteousness [justitiæ] shall be peace; and the effect of righteousness [cultus justitiæ] quietness and assurance [securitas] for ever."

§ 7. Yet there was a certain element of narrowness which tended to limit the practical application of the law of Justice in O.T. times, in spite of the frequent attempts of legislators and prophets to break through bounds which were cramping their expanding ethical and religious conceptions. But not until our Lord, in one of the most dramatic passages in the Gospels, showed that even the apostate, excommunicated, half-caste Samaritan — the traditional enemy, since the Exile, of the orthodox Jew — was a "neighbor," and therefore to be loved as oneself; not until the Apostle of the Nations, following his Master, and even quoting a Greek poet in support of a Christian dogma, formulated, for Jew and Gentile alike, the doctrine of the Brotherhood of Man, founded on the universal Fatherhood of God — not till then did the Mosaic Law of Justice reach its full development and expression.

When the old Law said, "Thou shalt love thy neighbor as thyself," the context usually shows that "neighbor" means merely "fellow-citizen." But the same words in the N.T. always have an infinitely wider meaning, for Christ has told us that every man is our neighbor. To love one's neighbor as oneself is "the royal law according to the Scripture" It is the only legitimate restraint upon our liberty, because "love worketh no ill to his neighbor: therefore love is the fulfilling of the Law." It is at once the foundation, the outcome, and the test of our love for God; for he that loveth not knoweth not God; for God is love. … If we love one another, God dwelleth in us. … He that loveth not his brother whom he hath seen, how can he love God whom he hath not seen?"

§ 8. For, when we turn from the Old Testament to the New, we find that Christ and His Apostles insist, no less than Moses and the Prophets had done before them, on the fundamental importance of Justice. In "the Song of the Lamb," as well as in "the Song of Moses, the servant of God," "righteous and true are Thy ways, Thou King of the ages … all the nations shall come and worship before Thee; for Thy righteous acts have been made manifest"; the great multitude in the apocalyptic heaven, like the singers in the Jerusalem Temple, tell of the justice of God's judgments. Justice is still the dominant note; but, in the N.T., we hear it in even greater fulness and richness, for it is sounded with all its harmonies. The N.T. formula — "Ye have heard that it was said by them of old time … but I say unto you" — enlarged and extended the ethical content of the term righteousness" or "justice." "I am not come to destroy the Law or the Prophets, but to fulfil" — to give a wider and deeper import to the principles they enunciated. It is good to abstain from overt acts like murder, or adultery, or false swearing. "But I say unto you," don't even harbor angry feelings unjustly toward your neighbor; don't wrong a woman even in your inmost thought; speak the truth always, simply and straightforwardly: be perfectly just in thought and word and deed, "as your Father which is in heaven is perfect."

Even when "righteousness" had became a technical term in the more highly developed Theology of the post-exilic Jewish Church and of the early Christian writers, its original ethical meaning was included in, and not superseded by the new use of the old word. To be "justified" was to be put into one's right and just and "normal" relation to God and man. The O.T. writers tell us that "righteousness exalteth a nation"; that the keeping of the just Law of God is "not a vain thing for you; because it is your [national] life; and through this thing ye shall prolong your days [as a nation] in the land, whither ye go over Jordan to possess it." And when the Son of Man judges "all nations," it is not by the standard of orthodoxy of belief, but by the standard of rightness in social conduct — by their treatment of the hungry, the thirsty, the homeless, the poor and unfortunate — that He separates the sheep from the goats.

If the great Prophet of Israel promises the material blessings of prosperity, fruitfulness, and good health to those who are obedient to the just Law of Jehovah, the Prophet greater than he, the Preacher on the mount, tells us that we shall cease to be "worried to death" about the supply of our daily, bodily needs only if we "seek first the kingdom of God and His [its] righteousness." So only shall "all these things" — food as sure as the birds', clothing as beautiful as the lilies' — be "added unto us;" "for your heavenly Father knoweth that ye have need of these things." So, in the universal human prayer — "The Lord's prayer" — we ask first that God's kingdom may come: then may we add, "Give us," all of us "day by day our daily bread."

The message of Jeremiah, "To turn aside the right of a man before the face of the Most High, to subvert a man in his cause, the Lord approveth not," is re-echoed with startling emphasis and irresistible appeal in St. Paul's letter to Timothy: "Nevertheless the foundation of God standeth sure, having this seal. … Let every one that nameth the name of Christ stand aloof from injustice."

Micah of Moresheth-Gath asked the Hebrews of the later monarchy the searching question: "Will the Lord be pleased with [sacrifices of] ten thousands of rams, or with ten thousands of rivers of oil? … He hath showed thee, O man, what is good; and what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?" And in a later generation, the Son of Man told the most religious Jews of His time, in terms of bitter denunciation, that the most scrupulous observance of the outward forms of religion, even to the meticulous tithing of the smallest herbs in the kitchen garden, could not make them fit to enter into the kingdom of Heaven so long as they were unjust towards their fellows, and plundered the poor and helpless. "Woe unto you, Scribes and Pharisees, hypocrites! Ye devour widows' houses, and for a pretence make long prayers. … Ye pay tithe of mint and anise and cummin, and have omitted the weightier matters of the law — judgment, mercy and faith."

§ 9. Justice or Equity is, therefore, the foundation of the law of social life, both in the Old Testament and in the New. What, then, follows as to the Land Question? Let the results of our inquiry into the teaching of the Law and the Prophets be briefly restated in the language of a modern philosopher.

"Equity," wrote Herbert Spencer in the middle of last century, "does not permit private property in land."

"The verdict given by pure equity … dictates the assertion, that the right of mankind at large to the earth's surface is still valid; all deeds, customs, and laws notwithstanding" (Social Statics, ix.§3).

"It is impossible to discover any mode in which land can become private property" (Ibid. § 4).

"The theory of the co-heirship of all men to the soil is consistent with the highest civilisation … however difficult it may be to embody that theory in fact, Equity sternly commands it to be done". (§ 10)

It is quite clear that there is no difference, except in literary form, between Spencer's conclusions, and those which have been deduced, in the foregoing chapters, from the writings of the Hebrew Lawgivers and Prophets. The famous ninth chapter of Social Statics might quite well be published, as the Church Catechism sometimes is, "with Scripture proofs." ... Read the whole chapter, including footnotes

1. Land: The Hope of the Oppressed on Every Continent

At the start of the 1990s, while the Berlin Wall and the authoritarian regimes in Eastern Europe toppled, Latin American communities and clergy who were operating under the banner of liberation theology began throwing off the yoke of oppression.

The uprising of subjected peoples around the world lends immediacy to the search for genuine liberation. While many emphasize political matters, equally critical are the ethical and economic underpinnings of liberation. To ignore these will likely result in a tragic disillusionment for the people who have made the enormous sacrifices to chart new courses.

In How the Other Half Dies, Susan George wrote that "The most pressing cause of the abject poverty which millions of people in this world endure is that a mere 2.5% of landowners with more than 100 hectares control nearly three quarters of all the land in the world - with the top 0.23% controlling half." To recognize this social plague for what it is, and to avert a backlash of despair, requires a clear understanding of two great themes: the Promised Land and the Wasteland.

The Promised Land is the hope of the landless, literally, land, the gateway to opportunity. Abraham in Mesopotamia and the Israelites in bondage in Egypt so wished for their own land that they left homes and familiar surroundings and risked death to seek the distant place God had promised, a land rich in milk and honey, where a day's labor would put food on the table and allow their children to grow into adulthood. This exodus pattern has been repeated over and over, from the migrations of prehistory to the boat people of our day. For centuries, immigrants have poured into the Americas, looking for the inheritance denied to them in the Old World — their portion of land.

But the Promised Land is not so much a geographic place as it is a hope and a vision of a just social order. Modern society has many wondrous features, but it certainly is not the Promised Land in its full glory. Indeed, we are "modern captives" who sense the Promised Land as a primitive instinct, as a deep longing, and as a cry from the depths of our captivity that the world should be different.

All of us, no less than the Hebrews in Egypt, are captives of structures imposed upon us. To enslave people, today as three thousand years ago, is to rob them of the value of their labor. Millions of working people living in severe poverty are robbed of the fruits of their labor. Through various forms of exploitation, especially the monopolization of land rights, large segments of humanity are oppressed, dehumanized, held in bondage. One factor enabling governments to legalize land theft and lend respectability to exploitative landlordism is the general silence of religious and intellectual leaders about humanity's common rights to land.

We begin to penetrate and overcome this silence when we realize that the Wasteland is wasted land, unfulfilled potential, producing no "milk and honey." Speculators in both urban and rural areas hoard land on which the hungry, the homeless, and the jobless could feed, shelter, and employ themselves. Keeping valuable lands idle causes artificial shortages that drive up rents which poor people must pay for poor land. Land hoarding deserves much of the blame for creating the Wasteland: it forces people into the "desert." There, people find the oases controlled by more land monopolists who must be paid a ransom for access to nature's life-sustaining water. And as we will see, the primary focus of Biblical economic laws was the prevention of precisely this sort of usurpation of God's gifts to all creatures.

The midbar, the biblical Wasteland, is only part desert. It has towns and pastures, but it lacks the "fullness of life." This anomaly is mirrored in the modern Wasteland, crowded with factories, skyscrapers and mansions — along with ugly blight and squalid slums.

The point of departure of liberation theology is the recognition of the awful fact that millions lead subhuman lives. The rural landless seek refuge in cities, often becoming squatters in barrios or favelas with open sewage and no safe water supply. They may earn fifteen dollars a month if they find work at all. Children live in the streets and go to bed hungry. Illness and drought, and even complaining of their lot, may lead to premature death. And they can see the Mercedes behind the iron gates of walled mansions. (Ironically, mercedes is also a Spanish legal term denoting title to a large grant of land.) Like poor Lazarus in the parable of Jesus (Luke 16:19-31), they survive on the crumbs that fall from the rich man's table. When judgement comes to the rich man, he receives no mercy because he had shown none. ...

4. Life in the Wasteland: The Just Society vs. Baal Worship

Fertile ground for the emergence of liberation theology was provided by the clash of views over the role of politics in the Latin American Church in the first half of this century. One problem encountered was how to acknowledge God's sovereignty in history when the everyday world was structured in ways that seemed to deny it.

  • Where could one find a divine presence in a civilization that, in so many ways, seemed so uncivilized?
  • And was it up to individuals or governments to establish a reign of righteousness?
Leonardo Boff points to three models of the Church that have impacted on the liberation dialogue in Latin America.
  • First, "the Church as City of God" holds that politics and government are essentially outside the realm of religion, which is for individual salvation.
  • Second, "The Church as Mater et Magistra" sees the Church as educating and persuading political leaders to work for social betterment.
  • Third, "The Church as Sacrament of Salvation" has the religious community opening itself to the world and actively collaborating with the state in uplifting the members of society.

Finding all three historical models of the Church wanting, Boff suggests a fourth, drawn from his experiences in the Brazilian basic ecclesial communities. This model, which can be called "The Church of People-hood and Justice for All," would be much more participatory, avoiding centralization and domination. Being democratic, it would emphasize the community more than the individual. Behind Boff's model is liberation theology's concern for the loss of "people-hood" in Latin America and in much of the world.

The new wave of Latin American theologians couple their critique of "individual Christianity" with an affirmation of the broader concept of being a "people of God." In the Bible, we are reminded, God has a chosen people. He loves the poor, oppressed, and landless — as a group. He hates the oppressors — as a group. It is the people who leave the Wasteland and enter the Promised Land. And although the generations had passed away, their children and grandchildren repeated the history of Egyptian oppression and God's salvation in the first person: "And the Egyptians treated us harshly, and afflicted us, and laid upon us hard bondage. Then we cried to the Lord... and the Lord brought us out of Egypt with a mighty hand." (Deut. 26:5-10)

The Judeo-Christian meaning of liberation is clarified by some attention to Baal, the most active "foreign god" of the Canaanite pantheon. To the Canaanites, fertility depended upon sexual union between Baal and his sister and consort, Anath. Baal worship consisted in reenacting the mating of the gods in orgiastic rites with temple prostitutes. Beyond maintaining natural fertility and harmony, Baal religion was used by the aristocracy to uphold the social order. Canaanite tenants worked as dispossessed farmers on estates owned by magnates, the temple, and the king. They worshiped the landowners, the baals, who held dominion over both the land and the peasants themselves. Old Testament exhortations against Baalism emphasize the proper way to worship Yahweh: by acting with mercy and justice towards one's fellow humans.

Because justice does not prevail when some, like the baals, claim the land and its bounty while others are excluded from these privileges, Hosea denounces Israel for betraying its covenant to recognize God as the true owner of the earth. And Amos, referring to the greed for possessing the land and its fruits, said God is angered by those "who trample upon the needy, and bring the poor of the land to an end" (Amos 8:4). Amos' indictment of Israel mentions oppression of the poor and cultic prostitution as if they were one (Amos 2:6-8). This seems strange until one recognizes that the link between these two sins is a wrongful concept of land ownership. Recall that Baal-worship and its sexual rites glorified inequitable land possession and control. In the Prophets, the role of land is crucial in the divine providential scheme, and the flouting of just principles of land possession has grave consequences. Human beings are caretakers, not the owners, of God's creation.

Amos and Hosea underscored that being a caretaker of the earth, while defining people's relationship to the land, also defined people's relationship to one another. Being a caretaker meant loving justice and doing mercy, letting go of selfish possession and the desire for power over others by usurping their means of livelihood, and instead becoming, like God, compassionate. Consider what a revolutionary break this represents from Baal worship, which idolized control of the soil and deified the landowners! ...

9. Claiming the Promised Land: A New Jubilee for a New World

In the book of Joshua, we find that although the Promised Land is a gift from God, it is a gift that has to be claimed. Even before the actual conquest of the Promised Land, the Mosaic Law prescribed a method whereby possession of land was to be rendered pleasing in God's sight. The Canaanites' claim was forfeited by their idolatry, with human sacrifice and temple prostitution, and by their exploitive, monopolistic social order. By contrast, Israel, to make good its claim, had to institute a social order that would guard against the desecration, pollution, and injustices of which its predecessors were guilty, and would secure to each family and to every generation within the Hebrew commonwealth the equal right to the use of the land, of which the Lord was recognized as the sole absolute owner.

They began with a census of the tribes and families before the conquest (Num. 26:1-51). Every tribe, excepting Levi, and within each tribe every family, was to receive its proportionate share, according to size (Num. 26:55-56), and ultimately, to ensure fairness, by lot (Num. 34:16-29). The actual distribution, according to these provisions, was concluded at Shiloh (Josh. 19:51). According to ancient historian Josephus, the territory was not divided into shares of equal size but of equal agricultural value. The landmarks that protected these allotments were protected by the public and solemn denunciation of a curse against anyone who should dishonestly tamper with them (Deut. 27:11-16; 19:14).

As discovered again in our own century, it is easier to devise a one-time fair apportionment of land that it is to keep the system from falling apart. This is why the ancient law established the Jubilee year. At the end of every fifty years, any alienated lands — given away, sold, or lost from unpaid debts — would be restored to the original families. Temporary possessors were to be compensated for any unexhausted improvements they may have made on the land. Concentrated landownership, and the division of society into landed and landless classes, was thereby prevented from creeping into the system. The Jubilee effectively took the profit out of landholding as such, leaving no incentive for speculation. When it was observed — and historical records indicate that it was observed for long periods — the Jubilee system successfully removed the root cause of poverty from the Jewish society.

The influence of the Jubilee idea upon early Pennsylvania colonists is evidenced by the inscription on the Liberty Bell of the biblical words enjoining the Jubilee year: "Proclaim Liberty throughout all the land unto all the inhabitants thereof." (Lev. 25:10) The founder of Pennsylvania, William Penn, advocated that all men be "tenants to the public", and to defray public expenses instituted a tax on land.

Environmental concern also goes back to biblical land laws. To prevent the exhaustion of the soil, a periodic fallow was ordered. "During one year in every seven, the soil, left to the influences of sun and frost, wind and rain, was to be allowed to 're-create' itself after six years' cropping, exactly as the tiller of the soil renewed his strength, after six days' work, by his Sabbath day's rest."

As noted, the tribe of Levi did not share in the equal division of the land, since it was charged with carrying out religious and public duties. Its members were entitled to an indemnity from the eleven tribes who received the land that otherwise would have gone to them. This indemnity was the tithe — one-tenth of the product from the land occupied by the eleven other tribes.

Here, in principle, is the formula for a just land system in almost any time or place. The compensation to the Levites maintained the substance of equal rights to land, alongside of and compatible with unequal physical division of the land itself. As Frederick Verinder pointed out in his book My Neighbour's Landmark, joint heirs of a house may share it equally by occupying it equally or unequally but "paying the rental into a common fund, from which each draws an equal share; or they may let the whole house to someone else and divide the rent equally." So it is with land. Sharing equally in the economic rent or value of land through the application of that value to common uses from which all benefit, renders private ownership and unequal partition of land morally and pragmatically benign.

The modern equivalent of removing one's neighbor's landmark is thus not the private ownership of land per se, but rather the private appropriation of land value. "The profit of the earth is for all" (Eccles. 5:9). The Old Testament ethic, to assure everyone the same natural opportunity, asserts that all people have an equal right to economic rent, and the Levite tithe demonstrates that the socialization of rent offsets the ethical and practical harm resulting from private land ownership. But there is another basis for its advocacy: Rent should be taken by society because it is a social product. Rent arises in large measure from two societal phenomena: the mere presence of population, and community activity in a particular area. More people means more demand for space on which to live and work. Community activities such as roads, schools, protection, parks, sewage, utilities and other public services, as well as the totality of private commercial and cultural operations, all make land more productive or desirable. It follows that a community which funds such improvements out of its rent fund will be provided with a stable and growing fund with which to maintain and improve them. And unlike conventional taxes, the collection of this fund will enhance, not penalize, the production of wealth.

Individuals, in their bare capacity as landowners, do nothing to produce land value. By withholding sites from use, whether for speculation or for other reasons, they may generate scarcity, artificially inflating rent, but this does not reflect any positive contribution to production on the part of landowners.

While land value is not the only type of unearned increment, unearned income resulting from such advantages as talent, genes or luck is not at the expense of others. Even Karl Marx admitted: "The monopoly of property in land is even the basis of the monopoly of capital." Marx could have — but did not — champion the abolition of land monopoly; instead he advocated its transfer from private into state hands. It was left to Henry George to expound how the universal principles of justice found in the Mosaic model could be applied to the modern age in all its economic aspects — rural and urban, agricultural and industrial, technologically undeveloped or advanced.

What George advocated was to leave land titles in private hands but to appropriate land rent via the existing machinery of property taxation. "I do not propose either to purchase or to confiscate private property in land. The first would be unjust; the second, needless....It is not necessary to confiscate land; it is only necessary to confiscate rent." No owner or tenant would be expropriated or evicted. No limit would be placed on the quantity of land one could hold, as long as the annual rent were paid.

Coordinately with the capture of rent as public revenue, taxes on products of human labor — improvements, personal property, services, commodities, wages, etc. — would be reduced and ultimately eliminated.

George considered his remedy no mere human contrivance. He saw the growth of land value and the easy means of equitably distributing it as an expression of benevolent supernatural design: "As civilization goes on... so do the common wants increase and so does the necessity for public revenue arise. And so in that value which attaches to land, not by reason of anything the individual does, but by reason of the growth of the community, is a provision intended — we may safely say intended — to meet that social want."

George's remedy goes a long way to stop current inequity and prevent future inequity. While past inequity, in the form of accumulations of capital based on previous land speculation and monopoly cannot be accurately redressed, these fortunes can be impelled to serve the needs of the public via investment in production, not by further investment in land speculation and monopoly.

Dependency theory, to the degree that it hits upon one of the causes of Third World poverty in exploitation by foreign investors, can find in George's land value tax the constructive practical approach it lacks. Neither erection of trade barriers nor legal restriction of foreign ownership is called for. As one Australian writer puts it:

(W)hen investors from one country buy property in other countries they are seeking site rent, which they hope to obtain directly from tenants, or indirectly by selling land in the future when the price or capital value has increased.... The site rent that is so attractive to overseas investors can be kept in the country quite easily — by shifting taxation from labor onto land."

Because George asserted, "We must make land common property," he is sometimes erroneously regarded as an advocate of land nationalization. But, as we have seen, he was nothing of the sort. The expropriation of land makes it practically impossible to fairly compensate people for the improvements to land, which are their legitimate property. George's system renders to the community what is due to the community, without doing any violence to the wealth that has been fairly earned by productive workers.

Common property in land is sometimes discredited by equation with what Garrett Hardin calls "The Tragedy of the Commons." Referring to the common lands that were a major English institution until the mid-nineteenth century, Hardin describes the tendency of individuals, each rationally pursuing self-interest, to overgraze, denude, and use the commons as a cesspool. That which belongs to everybody in this sense is, indeed, in danger of being valued and maintained by nobody.

The enclosure movement ultimately brought an end to this ecologically destructive process, but not without literally pushing people off the land, exacting a baneful price in human misery that might well be termed "The Tragedy of the Enclosures." George hit upon a way of securing the benefits of both commons and enclosures, while at the same time avoiding their evils. Land value taxation rectifies distribution so that all receive wealth in proportion to their contribution to its production. This liberates the economic system from exploiters who contribute little or nothing. Apportioning the wealth pie fairly increases the incentive to increase the size of the pie. The market becomes in practice what capitalist theory alleges it to be — a profoundly cooperative process of voluntary exchange of goods and services. Paradoxical though it may seem, the only way the individual may be assured what properly belongs to him or her is for society to take what properly belongs to it: The ideal of Jeffersonian individualism requires for its actualization the socialization of rent.

Just as Marxists err in insisting that everything be socialized, extreme capitalists err in insisting that everything (even public parks and forests!) be privatized. The middle way is to recognize society's claim to what nature and society create — the value of land and its rent — so that working people, including entrepreneurs, may claim their full share of what they create. In this balanced approach can be found the authentic verities respectively inherent in socialism and individualism. ... Read the whole synopsis

 

Henry George: Moses — Apostle of Freedom (1878 speech, San Francisco)

It was not an empire such as had reached full development in Egypt, or existed in rudimentary patriarchal form in the tribes around, that Moses aimed to found. Nor was it a republic where the freedom of the citizen rested on the servitude of the helot, and the individual was sacrificed to the state.

It was a commonwealth based upon the individual – a commonwealth whose ideal it was that every man should sit under his own vine and fig tree, with none to vex him or make him afraid. It was a commonwealth: in which none should be condemned to ceaseless toil; in which, for even the bond slave, there should be hope; and in which, for even the beast of burden, there should be rest. A commonwealth in which, in the absence of deep poverty, the many virtues that spring from personal independence should harden into a national character – a commonwealth in which the family affections might knit their tendrils around each member, binding with links stronger than steel the various parts into the living whole.

It is not the protection of property, but the protection of humanity, that is the aim of the Mosaic code. Its sanctions are not directed to securing the strong in heaping up wealth as much as to preventing the weak from being crowded to the wall. At every point it interposes its barriers to the selfish greed that, if left unchecked, will surely differentiate men into landlord and serf, capitalist and working person, millionaire and tramp, ruler and ruled. Its Sabbath day and Sabbath year secure, even to the lowliest, rest and leisure. With the blast of the Jubilee trumpets the slave goes free, the debt that cannot be paid is cancelled, and a re-division of the land secures again to the poorest their fair share in the bounty of the common Creator. The reaper must leave something for the gleaner; even the ox cannot be muzzled as he treadeth out the corn. Everywhere, in everything, the dominant idea is that of our homely phrase: "Live and let live!"

...

Yet the great concern of Moses was with the duty that lay plainly before him; the effort to lay the foundations of a social state in which deep poverty and degrading want should be unknown – where people released from the meaner struggles that waste human energy should have opportunity for intellectual and moral development.

Here stands out the greatness of the man. What was the wisdom and stretch of the forethought that in the desert sought to guard in advance against the dangers of a settled state, let the present speak!

In the full blaze of the nineteenth century, when every child in our schools may know as common truths things of which the Egyptian sages never dreamed; when the earth has been mapped and the stars have been weighed; when steam and electricity have been pressed into our service, and science is wresting from nature secret after secret – it is but natural to look back upon the wisdom of three thousand years ago as an adult looks back upon the learning of a child.

And yet, for all this wonderful increase of knowledge, for all this enormous gain of productive power, where is the country in the civilised world in which today there is not want and suffering – where the masses are not condemned to toil that gives no leisure, and all classes are not pursued by a greed of gain that makes life an ignoble struggle to get and to keep? Three thousands years of advances, and still the moan goes up: "They have made our lives bitter with hard bondage, in mortar and in brick, and in all manner of service!" Three thousand years of advances! and the piteous voices of little children are in the moan.

Standing as I stand, where modern ideas have had fullest, freest development; in the newest great city of the newest great nation; by the side of that ultimate sea, where ends the westward march of the race that has circled the globe, and farthest west meets east, the cool shades and sweet waters whose promise has so long lured us on seem dissolving into mocking mirage.

Over ocean wastes far wider than the Syrian desert we have sought our promised land – no narrow strip between the mountains and the sea, but a wide and virgin continent. Here, in greater freedom, with vaster knowledge and fuller experience, we are building up a nation that leads the van of modern progress. And yet while we prate of the rights of humanity there are already many among us thousands who find it difficult to assert the first of natural rights – the right to earn an honest living; thousands who from time to time must accept of degrading charity or starve.

We boast of equality before the law; yet notoriously justice is deaf to the call of those who have no gold and blind to the sin of those who have.

We pride ourselves upon our common schools; yet after our boys and girls are educated we vainly ask: "What shall we do with them?" And about our colleges children are growing up in vice and crime, because from their homes poverty has driven all refining influences. We pin our faith to universal suffrage; yet with all power in the hands of the people, the control of public affairs is passing into the hands of a class of professional politicians, and our governments are, in many cases, becoming but a means for robbery of the people.

We have prohibited hereditary distinctions, we have forbidden titles of nobility; yet there is growing up an aristocracy of wealth as powerful and merciless as any that ever held sway.

We progress and we progress; we girdle continents with iron roads and knit cities together with the mesh of telegraph wires; each day brings some new invention, each year marks a fresh advance – the power of production increased, and the avenues of exchange cleared and broadened. Yet the complaint of "hard times" is louder and louder; everywhere are people harassed by care, and haunted by the fear of want. With swift, steady strides and prodigious leaps, the power of human hands to satisfy human wants advances and advances, is multiplied and multiplied. Yet the struggle for mere existence is more and more intense, and human labour is becoming the cheapest of commodities. Beside glutted warehouses human beings grow faint with hunger and shiver with cold; under the shadow of churches festers the vice that is born of want.

Trace to its roots the cause that is producing want in the midst of plenty, ignorance in the midst of intelligence, aristocracy in democracy, weakness in strength – that is giving to our civilisation a one-sided and unstable development – and you will find it something which this Hebrew statesman three thousand years ago perceived and guarded against.

Moses saw that the real cause of the enslavement of the masses of Egypt was – what has everywhere produced enslavement – the possession by a class of land upon which and from which the whole people must live. He saw that to permit in land the same unqualified private ownership that by natural right attaches to the things produced by labour, would be inevitably to separate the people into the very rich and the very poor, inevitably to enslave labour – to make the few the masters of the many, no matter what the political forms, to bring vice and degradation no matter what the religion.

And with the foresight of the philosophic statesman who legislates not for the need of a day, but for all the future, he sought, in ways suited to his times and conditions, to guard against this error.

Everywhere in the Mosaic institutions is the land treated as the gift of the Creator to His common creatures, which no one has the right to monopolise. Everywhere it is, not your estate, or your property, not the land which you bought, or the land which you conquered, but "the land which the Lord thy God giveth thee" – "the land which the Lord lendeth thee". And by practical legislation, by regulations to which he gave the highest sanctions, he tried to guard against the wrong that converted ancient civilisations into despotisms – the wrong that in after centuries ate out the heart of Rome, that produced the imbruting serfdom of Poland and the gaunt misery of Ireland, the wrong that is today filling American cities with idle men, and our virgin states with tramps.

He not only provided for a redistribution of the land among the people, and for making it fallow and common every seventh year, but by the institution of the Jubilee he provided for a redistribution of the land every fifty years, and made monopoly impossible. ... Read the whole speech

 

 

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