The Quest for Cosmic Justice

In the Quest for Cosmic Justice, Thomas Sowell talks of cosmic justice vs. traditional justice.  Under traditional justice, certain rules were set and all parties were expected to meet them.  Whether those rules were for college acceptance or conviction for a crime, there was just one set of rules.  However, this was unfair to some.  Student A went to a good school while Student B went to an inner-city school.  That Student A is more likely to be accepted to a good college is a forgone conclusion.  However, it is no credit to A that he was raised in better circumstances.  Nor is it the fault of B that he didn't have the same benefits.  Those seeking cosmic justice seek to balance the scales where nature and/or society does not offer the same opportunities.  This sounds like a fine goal.  However, where traditional justice is easily administered, cosmic justice requires more information.  Rather than just looking at the text of laws, judges must now weigh the various attributes of people (e.g., race, ethnicity, religion, gender, gender identity, circumstances of upbringing, etc.) to determine the just outcome.  This sort of thinking is why Justice Sotomayor said that a wise Latina woman would reach a better conclusion.  Cosmic justice is impossible and its administration is capricious.  Justice is pursued in the laws that legislatures pass, not in the rulings of judges.  Lady Justice wears a blindfold for a reason, but modern justice - social justice - has removed the blindfold.  If you are this race, you get a bump in your score for college admissions.  If you are that religion, you are above criticism, if you have that condition, your employer must make reasonable accommodations for you, etc.  Sowell prefers traditional justice.

There are additional topics to discuss.  The book is really a collection of 4 essays that play upon one another.  After the Quest for Cosmic Justice, he delves into the idea of equality, namely that it is a mirage and, like Cosmic Justice, unachievable.  Not only do different cultures hold different values, there are different levels of effort and different degrees of talent.  If two children raised in the same household by the same parents could have drastically different outcomes, what hope is there to have equality on a mass scale.  Yet another impossibility.

Next he talks of the Tyranny of Visions.  Here he digs into the peace movements that followed the First World War and how that inevitably allowed Hitler to build a military machine that plunged the world into yet another devastating war.  The signs were all there but an adherence to a pacifist vision led the leaders of the free world to stand by as the Axis Powers grew more dangerous.

Lastly, he covers The Quiet Repeal of the American Revolution.  Where private property was once private, the state can now take it not for public use but to transfer it to another private owner who will pay more taxes.  Where it used to be that the burden of proof was placed on the prosecution, in many cases it is now up to the defense to prove innocence.  This is particularly true in discrimination cases where guilt is presumed if the makeup of employees is not the same as the makeup of the local population.  Worse still, the government has taken to purchasing citizens' freedom with citizens' taxes.  For example, the government offers a subsidy to School A on the condition that it follow several rules, then that will give School A an advantage over all schools that don't accept the subsidy.  In this way, the government imposes rules that it has no authority to impose.

Though a short book, it is packed with provocative ideas and strong arguments for a return to the rule of law.  Highly recommended.