The Human Person The Human Person and and

the Justice That Healsthe Justice That HealsSeminar on Seminar on

ALTERNATIVES TO IMPRISONMENT ALTERNATIVES TO IMPRISONMENT & RESTORATIVE JUSTICE& RESTORATIVE JUSTICE

Bayview Park Hotel, Roxas Blvd., M.M.Bayview Park Hotel, Roxas Blvd., M.M.

March 12, 2009March 12, 2009

IntroductIntroductionion Apologia: not a theologian, not a philosopherApologia: not a theologian, not a philosopher Talk on the human person as there would be Talk on the human person as there would be

no adequate understanding and appreciation no adequate understanding and appreciation of restorative justice until we recognize the of restorative justice until we recognize the dignity of every individual human being. dignity of every individual human being. From such understanding, the ethical From such understanding, the ethical considerations of the human person follows.considerations of the human person follows.

Limitations & Scope: Christian anthropologyLimitations & Scope: Christian anthropology

The Dignity of the Human The Dignity of the Human PersonPerson

Old Testament: starting point for Old Testament: starting point for Christian thought has been the first Christian thought has been the first chapters of Genesischapters of Genesis

Gen. 2:7 Gen. 2:7

““And now, from the clay of the ground, And now, from the clay of the ground, the Lord God formed man, breathed into the Lord God formed man, breathed into his nostrils the breath of life, and made his nostrils the breath of life, and made of man a living person.”of man a living person.”

What do these words What do these words reveal?reveal?

God’s twofold action: the creation of God’s twofold action: the creation of the body and the creation of the soul the body and the creation of the soul (corporeal and spiritual); body & (corporeal and spiritual); body & ““ruahruah””

By the union of these two principles, By the union of these two principles, man becomes a living person,a man becomes a living person,a creature entirely animated by a creature entirely animated by a principle linking him to the nature of principle linking him to the nature of GodGod

The creation account neither affirms nor The creation account neither affirms nor denies that the human body might have denies that the human body might have been formed at a lower level of life; nor been formed at a lower level of life; nor does it assert or deny the gradual does it assert or deny the gradual evolution of matter to a point of perfection evolution of matter to a point of perfection at which the organism became fit to house at which the organism became fit to house a rational soul. a rational soul. Rather, what it asserts is Rather, what it asserts is the special intervention of God in the the special intervention of God in the creation of man, i.e., the creation of the creation of man, i.e., the creation of the human soul was the immediate act of God.human soul was the immediate act of God.

Man is sacred from the fact Man is sacred from the fact of his creation. There is no of his creation. There is no area in man’s life is that is area in man’s life is that is not stamped with divine not stamped with divine

activity and purpose.activity and purpose.

Gen. 1:26Gen. 1:26

““And God said, ‘Let us make man, And God said, ‘Let us make man, wearing our own image and likeness...’”wearing our own image and likeness...’” ““wearing... our likeness”:wearing... our likeness”: not equality but a not equality but a

similarity of nature between God and mansimilarity of nature between God and man ““made in God’s image...” man is endowed made in God’s image...” man is endowed

with a vital principle of spiritual order, with a vital principle of spiritual order, giving him both his stability and his giving him both his stability and his intelligibility. intelligibility.

not just something, but someone, capable not just something, but someone, capable of self-knowledge, of self-possession, of of self-knowledge, of self-possession, of self-transcendence and of freely giving self-transcendence and of freely giving himself and entering into communion with himself and entering into communion with other personsother persons

Gen. 1:26Gen. 1:26

““... ... Let us put him in command of the fishes in Let us put him in command of the fishes in the sea, and all that flies through the air, and the sea, and all that flies through the air, and the cattle, and the whole earth, and all the the cattle, and the whole earth, and all the creeping things that move on earth ...”creeping things that move on earth ...” Here we see the superiority of man over Here we see the superiority of man over

all creatures. He is the center of creation.all creatures. He is the center of creation. ““Believers and unbelievers agree almost Believers and unbelievers agree almost

unanimously that all things on earth should be unanimously that all things on earth should be ordained to man as to their center and ordained to man as to their center and summit." (summit." (Gaudium et Spes, n. 12)Gaudium et Spes, n. 12)

God's purpose in creating man: to admit him God's purpose in creating man: to admit him to intimacy with his creator and to assign to to intimacy with his creator and to assign to him the role of carrying out in history the him the role of carrying out in history the divine plan. divine plan.

Gen. 1:27Gen. 1:27““From the beginning, male and From the beginning, male and

female he created female he created them." them." God did not create man a solitary being. God did not create man a solitary being.

In his innermost nature, man is a social In his innermost nature, man is a social being; and if he does not enter into being; and if he does not enter into relations with others he can neither live relations with others he can neither live nor develop his gifts. (nor develop his gifts. (GS, n. 12GS, n. 12))

The partnership of man and woman The partnership of man and woman constitutes the first form of communion constitutes the first form of communion between persons.between persons.

Gen. 1:28Gen. 1:28 “ “Be fertile and multiply!”Be fertile and multiply!”

Blessing or imperative/command?Blessing or imperative/command? ““Mehret euch!” = Mehret euch!” = “Be more!”“Be more!”

God wants us to be more, to flourish.God wants us to be more, to flourish.

God wants us to be more of ourselves!God wants us to be more of ourselves!

Gen. 1:31Gen. 1:31

“ “God saw all things that He had made and God saw all things that He had made and they were good!”they were good!”

God delights in us.God delights in us.

God does not make trash.God does not make trash.

New New TestamentTestament The absolute value of the human person The absolute value of the human person

is asserted in the face of whatever is asserted in the face of whatever human institution or tradition.human institution or tradition. The Synoptic gospels emphasize the primal The Synoptic gospels emphasize the primal

and decisive value of the human person in and decisive value of the human person in the face of antihuman valuations added on the face of antihuman valuations added on by deformations of religion. by deformations of religion.

Mk. 7:1-23Mk. 7:1-23 Mt. 15:1-20Mt. 15:1-20 the value of the human person is the value of the human person is

connected with the 'lordship' of Jesus connected with the 'lordship' of Jesus manifested in his free actuations in manifested in his free actuations in relation to religious institutions (Mk. 2:13-relation to religious institutions (Mk. 2:13-36)36)

For a disciple of Jesus, the correct norm for For a disciple of Jesus, the correct norm for human conduct is the fulfillment of human human conduct is the fulfillment of human beingsbeings

Preferential option for Preferential option for the the weak.weak. The The lived ethicslived ethics of Jesus is of Jesus is

characterized by a preferential characterized by a preferential option for the weak (the poor, option for the weak (the poor, the marginalized, the sinner the marginalized, the sinner and so forth). and so forth).

This ethical characteristic is This ethical characteristic is also a also a messianic characteristic. messianic characteristic.

Implications on the DiscipleImplications on the DiscipleAAll other things being equal, the ll other things being equal, the believer has to always take the side believer has to always take the side of the weak and not that of the of the weak and not that of the powerful:powerful: Relating with those who are Relating with those who are

marginalized for rel. reasons (publicans, marginalized for rel. reasons (publicans, sinners): Mk. 2:13-17, esp. v. 17; Mt. 9:10-sinners): Mk. 2:13-17, esp. v. 17; Mt. 9:10-13, esp. vv. 12-1313, esp. vv. 12-13

Definition of 'neighbor' as 'the most Definition of 'neighbor' as 'the most needy': Lk. 10:25-27 (priority to the needy needy': Lk. 10:25-27 (priority to the needy when preparing a guest list)when preparing a guest list)

Identification by Jesus with the weak: Mt. Identification by Jesus with the weak: Mt. 10:42; Mt. 18; 10:42; Mt. 18;

Jesus: the ethically normative Jesus: the ethically normative human beinghuman being Mk. 8:34-38: the disciple has to hand Mk. 8:34-38: the disciple has to hand

over his life as his Master doesover his life as his Master does Mk. 9:33-37: the disciple should be the Mk. 9:33-37: the disciple should be the

servant of allservant of all As Jesus had shown us, our As Jesus had shown us, our

choice should be always what is choice should be always what is life-giving and loving. life-giving and loving.

Respect for the Dignity of the Respect for the Dignity of the Human Person: Nucleus of Human Person: Nucleus of

EthicsEthics

Respect for the personal character of Respect for the personal character of the human life is the structural nucleus the human life is the structural nucleus of moral life in the sense that the of moral life in the sense that the moral life is basically the actualization moral life is basically the actualization of what it means to be a person in of what it means to be a person in relation to other persons and sentient relation to other persons and sentient beings. The person is the primary beings. The person is the primary subject and object of moral life.subject and object of moral life.

Basic Characteristics of Basic Characteristics of Respect for the Dignity of the Respect for the Dignity of the

Human PersonHuman Person concreteconcrete: : it refers not to abstract human it refers not to abstract human

nature, but to concrete human beings nature, but to concrete human beings immersed in complex and conflictive historical immersed in complex and conflictive historical realities.realities.

universaluniversal: : it applies to all persons, rejecting it applies to all persons, rejecting all moralities of clan, caste, nation or any all moralities of clan, caste, nation or any other social grouping insofar as this is closed other social grouping insofar as this is closed upon itself.upon itself.

egalitarianegalitarian: : it affirms the equality of all human it affirms the equality of all human persons in dignity, rejecting all discrimination, persons in dignity, rejecting all discrimination, whether this be based on race, religion, sex, whether this be based on race, religion, sex, ideology, generation, social class or any other ideology, generation, social class or any other arbitrary criterionarbitrary criterion

Basic Characteristics of Basic Characteristics of Respect for the Dignity of the Respect for the Dignity of the

Human PersonHuman Person absoluteabsolute: : it inheres in the human persons it inheres in the human persons

precisely as persons, and not for what they precisely as persons, and not for what they possess, nor for what they can give us, not for possess, nor for what they can give us, not for their physical, intellectual, and social capacities, their physical, intellectual, and social capacities, but for what they are -- persons. but for what they are -- persons.

partisan in favor of those who suffer from partisan in favor of those who suffer from dehumanizing situationsdehumanizing situations: : it has preferential it has preferential option in practice in favor of the liberation of option in practice in favor of the liberation of those human beings whose humanity has been those human beings whose humanity has been disfigured by dehumanizing situations -- the disfigured by dehumanizing situations -- the oppressed, the destitute and other marginalized oppressed, the destitute and other marginalized personspersons

Relation of the Human Dignity Relation of the Human Dignity to the Concrete Dimensions of to the Concrete Dimensions of

the Human Personthe Human PersonCorporeityCorporeity: : human beings exist human beings exist corporeally. Their bodies are the basis for corporeally. Their bodies are the basis for their human consciousness, and thus, for their human consciousness, and thus, for their personhood. At certain phases of their personhood. At certain phases of their life cycle and in certain cases which their life cycle and in certain cases which modifications in the configuration of their modifications in the configuration of their corporeity make them specially vulnerable corporeity make them specially vulnerable to harm (e.g. infancy, old age, handicap) to harm (e.g. infancy, old age, handicap) human beings need special protection; human beings need special protection; they always need food, health care, and they always need food, health care, and respect for their life and physical integrity. respect for their life and physical integrity.

The dignity of the human person is The dignity of the human person is primarily in the level of being and primarily in the level of being and secondarily only in the level of the secondarily only in the level of the doing.doing.

No human being should be reduced No human being should be reduced to mere cannon fodder or mere labor to mere cannon fodder or mere labor power, or to an object of ideological power, or to an object of ideological or commercial manipulation.or commercial manipulation.

SocialSocial: : by nature, human by nature, human persons are social; they live persons are social; they live together and interact. Within together and interact. Within society, the rights and society, the rights and responsibilities of persons should responsibilities of persons should be recognized, and as persons they be recognized, and as persons they should be active participants in should be active participants in social and cultural life in a relation social and cultural life in a relation of equality with other persons. of equality with other persons.

Reason and LibertyReason and Liberty: : Human persons are Human persons are characterized by reason characterized by reason and liberty and are thus and liberty and are thus called to realize themselves called to realize themselves responsibly as persons. responsibly as persons.

""The glory of God is man The glory of God is man fully fully alive" alive" (St. Ireneaus(St. Ireneaus )

The Dignity of the Human The Dignity of the Human Person and the Criminal Justice Person and the Criminal Justice

SystemSystemGuide Questions for ReflectionGuide Questions for Reflection::

Is the current dispensation/practice of justice Is the current dispensation/practice of justice system compatible with the Christian thought system compatible with the Christian thought and belief about the dignity of the human and belief about the dignity of the human person? Does it affirm and foster the dignity person? Does it affirm and foster the dignity of the human person? How? Be concrete in of the human person? How? Be concrete in your examples. What should be done to your examples. What should be done to foster the dignity of the human person in the foster the dignity of the human person in the current dispensation of criminal justice current dispensation of criminal justice system?system?