293 Chapter Seventeen The Virtues of Justice and Mercy On Knowing the Difference Audrey L. Anton The cardinal virtue, justice, is frequently considered incompatible with the theological virtue, mercy. After all, a common notion of justice has a retribu- tive aspect; we believe justice is served when one incurs a proportionately deserved punishment for some transgression. On the other hand, mercy seems to be exercised through softening punishment or pardoning transgressions alto- gether, thus, foregoing deserved punishment. If virtues are character traits and character traits require habitual action to develop, we might conclude that any aspiring virtuous person must decide which of the two virtues to develop, as the actions of each run contrary to the habits of the other. However, this common description is inadequate. This common view implicitly equivocates between: the virtues of justice and mercy and the actions and states of affairs that can be considered just or merciful; deserts and rights; and the aims of virtue and the justifications of punishment. As it turns out, these differences are significant. In this chapter, I shall argue that not only are the virtues of mercy and justice compatible, they are inextricably linked. Indiscriminate mercy may result in many merciful states of affairs (i.e., many individuals will be treated more leniently than they are entitled to be), but indiscriminate leniency is not merciful. Likewise, indiscriminately serving “justice” is both merciless and unjust. As Seneca says, punishing all is just as bad as punishing none. 1 A vir- tuous person would have neither track record; for, as I shall argue, a common aim of justice and mercy—moral education—requires that neither virtue be indiscriminately and exclusively exercised. As Aristotle tells us, having a virtue entails knowing when and how to exercise it. What makes it possible for an individual to be both just and merciful is a specific skill stemming from practical wisdom. This wisdom enables the agent to discern which virtue to express when and in regards to whom, to what degree, and in which manner. In this regard, justice and mercy 18_177_Anton.indb 293 5/22/18 9:20 AM