When justice betrays itself
A man is arrested in the middle of the night. He is dragged from place to place, interrogated, exposed, judged. An efficient machine is set in motion around him, impersonated by religious authority and political power, substantiated by public rituals, solemn words and legitimised by popular approval. The watching crowd rumbles and finally shouts in one voice: 'Crucify him'. Everything proceeds according to a recognisable script. There are those who have the power to decide, there is a procedure that unfolds, there is even a form of collective consensus that accompanies the final outcome. Nothing seems consigned to pure arbitrariness. And yet, right there, at the point where order shows its most compact and most solemn face, where formal justice seems to triumph, one of the most radical failures of substantive justice in our memory takes place.
The trial of Jesus is the very image of paradox. A paradox that continues to disturb. Because it does not show, so much, what happens in the absence of rules, but what can happen when it is only the rules that count. It does not tell us, as Thomas Hobbes will do many centuries later, that injustice arises from chaos, from anarchy, from the suspension of law. It tells us something more uncomfortable. That justice can present itself in all its outward forms, speak the language of legality, move within recognised procedures and yet fail dramatically.
The Justice of Forms
In 16th-century Seville, in the harshest years of the Holy Inquisition, Christ returns to earth. Dostoevsky recounts this in the legend of the Grand Inquisitor. Jesus simply returns and walks among the people, performs acts of mercy. But he is recognised and immediately arrested. Again. At night, in his cell, he is visited by the old Inquisitor who speaks - a long, lucid and terrible monologue - and explains to Jesus that his mistake, then as now, was that of having believed too much in man. Of having given him freedom as a gift, when for most human beings it is above all a burden. Men, says the old man, do not really desire to be free. They rather desire someone who relieves them of the anguish of choice, who tells them what is good and what is evil, who transforms uncertainty into obedience. For this reason, he adds, the Church has distorted the original Gospel message. She has betrayed it to make it practicable, disciplined it to make it sustainable. It has built an order founded on authority, on mystery, on miracle. An order that consoles, protects, stabilises. An order that, all things considered, works.
Christ, this is the Inquisitor's position, must not be eliminated because he is unjust, but because he is excessive. Because his mere presence throws into crisis a system that has learned to stand on its own feet, to produce stability, to distribute reassurance in exchange for docility. It is one of Dostoevsky's most vertiginous insights. It is not always injustice that threatens order, sometimes it is justice itself that makes it falter.
The Trial of the Cross and the Grand Inquisitor dialogue with each other at a distance. They illuminate each other. In both stories, injustice does not arise from the absence of law, but from its employment within a rationality that considers itself self-sufficient. It is not chaos that produces the victim, but an order that is thought to be necessary. It is not naked and brutal arbitrariness, but a form of organisation of the world that does not tolerate that which exceeds calculation and discipline.


