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Justice unmasked: A semiotic analysis
of Justitia
WENDY SUTHERI.AND-SMITH
ti
n Abstract
l3
tq Values such as justice, fairness, reqson, and truth permeate the culturalfabric
s of societies. A key image of these vahtes in many Western democrqcies is the
rc legal icon ofJustitia or Lady Justice as she embodies notions ofjustice. Exam-
n ining such cultural constructions promotes discussion of assumed values and
ß meanings pertaining to iconic representations. Semiotic anølysis of Jttstitia
e and her compositionql elements - the sword of iustice, scales ofjustice, and
20 blind-fold reveal tensions betvveen the rhetoric and reality of our interpreta-
t tions ofjustice. This paper makes explicit the iconic representations of societal
22 vqlues imbued in Justitia and raises questions qbout the invisible power of
2i culturalreproduction.
24
2s Keywords: Icon; values;justice; right; semiotics; Law
:'i ;ft[îfrç'-,,;ÏÏ:Ï
1t
33 1. Introduction
:: Most citizens living in democratic societies assume that laws and regulations
36 are founded in notions ofjustice, faimess, equal rights for all citizens, and a
37 quest for truth. Inherent to the structure of law-making powers is the doctrine
38 of separation of powers, which sets out the relationship befween law-makers,
3e law-interpreters, and law enforcement. Under the Westminster system, which
40 underpins the Constitutions of the United Kingdom, Canada, Australia, New
er Zealand, and many other former colonies, Nation-States divide power between
42 the executive arm of govemment (the Crown, Prime Minister, and Cabinet),
Semioticd 185-l/4 (201 1), 235-244
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236 I4t Sutherlqnd-Smith
the legislature (Parliament) and the judiciary (courts). Underlying the demo-
cratic processes of making, applying, and enforcing the Law is the notion of
faimess and justice in decision-making, which is often embodied in the icon of
Justitia (Lady Justice). She is the traditional Westem legal icon representing
the qualities of truth, justice, fairness, impartiality, and reason.
In this paper, semiotic analysis (van Leeuwen 2008; Kress and van Leeuwen
2006) of Justitia makes explicit the iconic representations of notions of societal
justice. Analysis of icons such as Justitia and their meanings are important not
only to making visible the unconscious meanings inûltrating concepts such as
justice, but "to trace ways in which specific signs and representations support
or challenge prevailing societal relations of power and knowledge" (Valverde
2006: l7). Justitia is a key legal icon to analyze, as she appears in front of, on
top of, and within govemment buildings such as courts and Houses of Parlia-
ment, in which citizens may assume knowledge and power are used fairly,
truthfully, and impartially for their greater good. It is appropriate where, as
Marcel Danesi so rightly notes, "we let our culture (which is a network of
signs) 'do the thinking' for us when we use signs unreflectively" (2007: 25).
Therefore, using semiotic analysis to unpack the meanings of this powerful
Westem icon ofjustice is crucial.
2. Semiotic analysis and justice
Semiotics - the analysis of symbols and signs in our world - offers educa-
tional researchers a great deal in terms of theoretical understandings of the
social contexts in which people operate (Danesi and Perron 1999; van Leeu-
wen 2008). It is essential that the complexity of symbols and assumptions
about shared understandings ofobjects and text are evaluated because the "im-
plicit messages in those images" shape thought, behavior, and action (Danesi
and Perron 1999: xii). From its naming by Charles Peirce as the doctrine of
signs (Deely 2006; Goodrich 1850; Ogilvie 1853), semiotics enables research-
ers to probe socially-constructed spaces and the textual representations within
them by exploring "both cultural and natural actions of signs" (Deely 2006:.2).
Investigating constructions of iconic text is important because symbols and
signs form part ofthe discursive space that shapes our understandings ofevents
in the everyday life and material world. Critical engagement with these spaces
encourages examination of semiotic domains as spaces that manipulate us in
certain ways and that we can also manipulate. Interrogating these human, cul-
tural, and historical domains sheds light on the social, economic, political, and
other power relationships currently in operation in a society. James Gee argues
that semiotic systems:
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Justice unmasked: A semiotic analysis of Justitia 237
Attempt through their content and social practice to recruit people to think, act, interact,
value and feel in certain specific ways. In this sense, they attempt to get people to learn
and take on certaln sorts of new identities, to become, lor a time and place, certain types
of people. In fact, society as a whole is simply the web of these many different sorts of
identities and their characteristic associated activities and practices. (Gee2003:44)
Gee's (2003) notion that semiotics recruits people to value and feel in certain
ways is of great interest in examining an icon of justice, as semiotic analysis
probes the very heart of what citizens think and feel is embodied in societal
justice. Indeed, as John Deely, in an extensive exploration of the historical
development of semiotics, eloquently states:
Intellechral culture will never be the same, for it will never again be able to pretend that
things are merely objects, objects mere playthings of human creation, and reality no
more than a social construction essentially arbitrary . . . Toward this end, a renewal of
intellectual culture around an increasing appreciation of the manner in which human
experience depends upon signs for its life. (Deely 2006:24)
Intellectual interrogation of an object, such as Justitia, permits close examina-
tion ofthe enduring social constructions associated with iconic representations
within a culture. As Deely (2006: 12) argues, we need to analyze the "the web
of semioses" - the combination of perception and understanding of what we
see and interpret on the basis of prior knowledge to understand "the knowledge
that results from the thematic and systematic study of and inquiry into sigrrs"
(Deely 2006:15). Applying semiotic analysis to photographic evidence used in
court cases, Ann Kibbey (200 I : I 57) probed the issue of credibility of evidence
and the outcome of the case. She argued that semiotics were a key feature
of exploring human constructions of "fact" and "evidence," as the semiotic
"can influence or even determine credibility" in legal cases. Her discussion of
temporality, while related to film and photographs, is also applicable to Justi
tia, as the icon represents socially-constructed links to ancient societies, such
as Greece and Rome and invokes popular beliefs in their cultural, legal, artis-
tic, and democratic innovations. Justitia temporally links modem and ancient
times through her depiction as a Roman or Greek goddess associated with
justice and fairness. Therefore, when citizens see the icon of Justitia, they may
make historical connections from their cunent context to the beginnings and
ideals of democratic structures in the ancient world. Similarly, Elvira Katió
(2006: 385) argues that semiotic analysis of technologically-influenced art-
work enables people to understand the embodied consciousness. Artifacts,
including sculphrres of Justitia, are "valuable constructs to explore when at-
tempting to comprehend individual (or cultural interpretations)" and promote
greater understanding of the ideological assumptions operating within specific
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textual, social, and cultural contexts (Katió 2006: 385). By applying semiotic
analysis to the symbol of justice - Justitia - our construction of qualities
such as truth, justice, and impartiality and their reflection as "certain truths"
(Kress and van Leeuwen 2006: 159) within systems of values are able to be
explored.
3. Visual imagery analysis
ro Visual imagery analysis provides a theoretical frame to interpret visual texts.
r r This paper uses the three fundamental concepts in visual imagery analysis out-
rz lined by Kress and van Leeuwen (2006): l) modes of address; 2) perspective,
r¡ and 3) compositional modalities. Modes of address refer to the ways in which
r¿ viewers operate in relationship to the represented participant or "member" to
rs use Fairclough's (1992) term. Participants are the people, places, and things
re depicted in the image under analysis. In this case, the image of Justitia is the
17 represented participant and every citizen is a potential viewer in relation to the
rr symbol of justice as we all have or may seen or been inside parliamentary
u buildings, courts of Law, and govemment departments such as the Justice De-
20 partment. These buildings often are places in which Justitia is located. The
2r ways in which power relations are depicted befween the represented partici-
22 pant and viewer is called Perspective. In Justitia's case, the icon is usually
27 represented as a large statue made of marble or stone that is located aI a great
24 distance from the eye-level angle of the viewer. For example, Justitia is often
2s on a pedestal near the front of courts or buildings imbued with govemment or
26 constitutional status and its accompanying trappings ofpower. She is also to be
27 found standing in the central nave of some buildings at the point where a num-
28 ber ofcorridors branch out as spokes ofa wheel. She is located at the hub from
2s which all pathways flow. She is often found atop ornate carved interiors and
r0 exteriors of buildings or as part of external friezes within roofs or around
¡r domed ceilings. The point is that the common viewer always looks up to see
32 Justitia who towers far above, therefore, she is as unreachable as the goddesses
rr after whom she has been fashioned. Her depiction in the image of a Greek or
t4 Roman goddess is also suggestive of godly and perhaps omnipotent wisdom
35 and power that endures through the centuries. In this way, she exercises con-
36 siderable symbolic power over viewers from her lofty position as she is im-
31 mutable and her agelessness means she will be associated with notions of
18 justice long after the citizens who currently gaze at her are dead. Bourdieu's
7s notion of symbolic power is most apt here as Justitia is part of the cultural re-
40 production of societal values through "that invisible power" exercised by dom-
4r inant forces within social hierarchical structures (1991: l6a). Semiotic analy-
42 sis can unmask the invisible power Bourdieu (1991) speaks of in order to make
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Justice unmasked: A semiotic analysis of Justitia 239
r visible the meanings inherent in the iconic representation of societal justice.
z Through analysis of the compositional modalities of the image, such as the
3 positioning of the elements - the sword of truth and equity, the scales of
+ justice, and the blind-fold - in a meaningful whole, discursive cues appear.
s When the notion of symbolic power is added to semiotic analysis, Justitia can
o be viewed as an exceptionally powerful icon of social integration by construct-
z ing legal notions of truth and fairness as the dominant and fundamentally cor-
8 rect interpretation ofjustice. Naturally, such interpretations support and act to
,l ..Otodr"e the dominant culture's notions of social and cultural order.
u
p 4. Semiotic analysis of Justitia
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Justitia has been "a quasi-religious, quasi-political icon" associated with pow-
erful concepts of virtues and vices for over 2000 years (Curtis and Resnick
1987: 1729). She is believed to be modelled on the goddess Ma'at in Egyptian
culture, Thesis and Dike, ancient Greek goddesses, and the Roman goddess of
justice. As a mythical conglomerate of goddesses across various national lores,
she symbolizes political, judicial, cultural, and social values of democracy that
resonate trans-nationally. Justitia symbolizes the Western legal system's ideals
of the virtues of fair and equal administration of the law, without comrption,
avarice, prejudice or favor (North 1979). She is most often depicted blind-
folded to indicate impartialiry holding a set of weighing scales raised aloft in
her left hand, upon which she balances the strengths and weaknesses ofa case
through its reasoned arguments. She also holds a double-edged sword in her
right hand, symbolizing the powers of Reason and Justice, which may be
wielded either for or against arry party in a case. Lady Justice is a symbol most
apparent in and around courts ofjustice and parliamentary buildings in Europe,
the Americas, Africa, some parts ofAsia and the Pacific. Of course, Justitia can
also be interpreted as a somewhat confusing and frightening image of a woman
clad in feminine robes yet bearing the weapon of a sword. This same female
form determines and judges the merits of a dispute while blind-folded, mean-
ing she is unable to see anything around her at all. In this light, perceiving
Justitia as embodying notions of faimess and reaching "truth" through reason
are far from evident. Examining the compositional elements of Justitia also
expose meanings imbued in the icon.
4.1. Justitia's sword
A sword is commonly thought of as a weapon and an instrument symbolizing
power through might or force. Historically, a sword ofjustice could be used to
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240 W Sutherland-Smith
behead those judged guilty of crimes by those in power and one such sword
dating from 1599 exists in the Museum of Criminology in Rome (Museum of
Criminology 2009). This interpretation of the sword ofjustice assumes that the
decisions made by those in power were 'Just" and "right." Interestingly, the
sword was not only a symbol of justice, it was also the instrument of punish-
ment, which calls into question the tension between the rhetoric of the sword
as a symbol ofjustice, yet its violent use in reality. The dual purposes of the
sword ofjustice is echoed in a British military poster encouraging enlistment
in WWI, with the slogan "Take up the Sword of Justice." The poster's image is
of a female figure garbed in long flowing GrecianJooking robes who holds a
sword raised high towards the sky in her right hand. Her head, tilted up, wears
a determined and regal visage and her long hair flows around her face and
down her back. She appears to be striding forward across a sea strewn with
dead and drowning bodies and a sinking ship on fire in the background, her left
arm is outstretched in a gesture of military advance and the accompanying
words appear under the image (Parliamentary Recruiting Committee 1915).
Clearly the image is designed to represent the notion that the British, led by a
goddess-like figure walking on water, were ûghting on the side of "right." The
words indicate that the fight is'Just," as the sword ofjustice leads the charge,
and therefore the citizenry are given the image that the military advance is
"right," therefore, reasonable and justified. The dead bodies over which the
icon of Justice sweeps are, presumably, justifiably killed if they are the enemy
of the righteous or avenged by the sword ofjustice, if the innocently slain. The
role of the sword ofjustice in military propaganda appealing to young men to
enlist in war indicates the ways in which symbols can represent the invisible
power of government in permeating symbols with particular viewpoints and
representing them as ideals or values ofa righteous society. The sfylized depic-
tion of a goddess-like figure, wielding the sword ofjustice emanates the polit-
ical, social, cultural, and economic values that going to war is justifrable and
right, even a noble response. The message to citizens is to link images of the
sword of justice to rightful, fair, and just actions of their society, and in par-
ticular, government initiatives, such as declarations of war.
Not all images of the sword of justice are portrayed as advocating fighting.
The common icon appearing in Law courts and justice departments depicts the
Roman goddess Justitia with her sword pointing down and the tip touches the
ground. Although it is not held up and forward in a fighting position of aveng-
ing justice as in the previous image, the sword is still associated with notions
of reason and justice. The usual legal interpretation of Justitia's sword is that
one side of the blade represents the concept ofjustice and the other side repre-
sents the concept of reason. In Law, justice encompasses notions of faimess,
impartialiry, and truth through questioning of evidence and the right to be
heard or represented. Westem legal systems derive the importance of reason
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[ustice unmasked: A semiotic analysis of Justitia 241
from Aristotelian notions that the Law should be based on reasoned question-
ing, interrogation of facts, and evidence in order to find the truth of the case,
rather than passion or unreasoned emotion. The sides of the sword appear per-
fectly balanced, evenly displayed to viewers, as the sword stands vertically
balanced on its tip. The image conveys the idea to viewers that reason and
justice are in harmony - evenly weighted by Lady Justice - and balanced
when truth is present and right decisions result. It purveys a sense of comfort
to viewers that, with all the qualities of reason and justice in accord, the truth
will be uncovered and a just and fair decision result. However, the double-
edged sword ofjustice may also be viewed as a symbol of benign threat as the
promise of violence by the sword is always there, notwithstanding it is held by
the gracious female form of a goddess. Uncovering truth and ultimate faimess
in decision-making means the fate of the citizen depends on the jury's interpre-
tation of the evidence and the judge's application of the law. As Professors of
Law, Dennis Curtis and Judith Resnik note when discussing the relationship
between judicial decision-making power and sovereign powel "all sovereigns
claim (notwithstanding evidence to the contrary) that their violence goes forth
in the name of Justice" (1987: 1734). Although this is not to suggest that
violence per se is meted out upon citizens, symbolic violence may occur to
deprive citizens of cultural, social or economic opportunities, when differing
views of what counts as truth, faimess or justice are not considered by the
establishedauthoritiesorprevailinglaws.CurtisandResnik(1987:1743)also
claim that greater awareness of "the conscious use ofjustice imagery by gov-
ernments seeking to legitimate their exercises of power by associating them-
selves with the concept ofjustice implicit in the imagery" is warranted. Semi-
otic analysis of Justitia contributes to that awareness.
4.2. The scales ofjustice
Justitia holds the scales ofjustice in her left hand - like the blade edges ofthe
sword - perfectly balanced. The scales ofjustice have symbolized reasoned
decision-making and the search for truth since early Egyptian scrolls depicted
the actions of a deceased soul weighed against a feather - symbolizing Rea-
son and Truth would decide the fate of the soul. In Ancient Egypt, the fate of
the dead citizen depended on the balance of Ma'at's scales where one scale
would be the path to the afterlife and the other to etemal darkness. The scales
ofjustice are commonly associated with the symbolic need, in Law, to weigh
the merit of arguments presented in a case and take account of all relevant facts
in order to reach a reasonable, fair, and justifiable decision. This means the
process is designed to ensure there is a winner and a loser - the scales must
tip in favor of one parfy or another. The ideal is that formal processes will
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242 lL St¡herland-Smith
r balance the evidence and the decision-makers will anive at the truth in each
2 câse, which will merit the winner. Of course, legal processes also ensure that
¡ evidence is only able to be heard, and therefore form part of the information on
¿ which a decision is based, if it is considered admissible evidence under legal
s rules of procedure. Balancing the need to ensure a fair hearing and deciding
e what information will be admitted to the hearing may also see the scales of
r justice become unbalanced in the eyes of citizens.
9
rc 4.3. Justice: Impartial or blind?
ll OO* the sixteenth century Justitia is often represented wearing a blind-fold.
r¡ This symbolizes the notion that justice is, or should be, meted out objectively,
r¿ without fear or favor, regardless of identity, status or power. The icon conveys
15 a message to the people that the judge and/or jury will be impartial in hearing
ro evidence and will reach a decision based onjust, fai¡ and reasoned interpreta-
rz tions and application of evidence and the Law. The blind-fold is designed to
rs give hope and assurance to citizens that it is unimportant who or where they
rs stand in sociefy as all citizens are deemed to be equal before the Law The
zo blind-fold indicates that justice cannot see wealth, poverty, race, religion,
2r gender or other factors that may visually prejudice a decision. While this ideal
22 may be comforting to some, another cultural association of the blind-fold are
23 not so steeped in righteous intent. The blind-fold is also used in situations
24 where people are executed, kidnapped or in similar life-threatening situations
2s - a far more violent interpretation of the blind-fold and one clearly not always
26 associated with notions of faimess, objectivity or reasonableness. Yet another
2't interpretation of the blind-fold, and one much debated in the Law, is that the
28 blind-fold is actually a symbol of injustice. The argument is that it is inappro-
2e priate for decision-makers to be so removed and so profoundly unaware of the
30 world outside the darkness ofthe blind-fold. These researchers argue that the
¡r influences of the world on the contexts in which cases are heard and decided
32 are integral to the Law maintaining a grasp on changes in society which should
33 be reflected in decisions. Not only do Justice Marcus' words ring out that the
34 outmoded anach¡onistic bandages need to be removed from Justitia's eyes, but
15 they are echoed by legal academics as well. Curtis and Resnik ask, "Can we
i6 ascribe to the sightless Justice the rectitude of one who receives information
)'t only through the filter of the law, or shall we distrust her as one who cannot
i8 take into account human experience?" (1987: 1739). In questions ofjudging
3e citizens, it is critical to ask the nature of any "filter" that operates in deter-
40 mining what information is permitted as evidence and what information is
+r not. What critical distance exists between the decision-makers and the persons
42 appearing before them? Citizens assume that concepts of justice are inherent
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38 References
39
40 Bourdicu, Pierre. 199t. Language and symbolic power. Cambridge, MA: Harvard University
4l Press.
42 Curtis, Dennis & Judith Resnick. 1987. Images ofJustice. Yale Law Journal 96. 1727-1772.
Justice unmasked: A semiotic analysis of Justitia 243
in procedures and processes - a reasoned, impanial decision is reached after
evidence is duly weighed and the truth of the situation is uncovered. However,
it is not possible for citizens to truly know that the promise of Justitia's blind-
fold is, in practice, manifest as impartiality rather than willful blindness. It is
difficult to determine how the need for justice to be seen to be impartial and
fair by the people, is balanced against impartiality becoming a pathway to de-
liberate objective removal from the very people overlvhom decision-making
power operates. The blind-fold of Justitia is still under debate.
5. Conclusion
Justitia is a legal embodiment of many of the principles of the laws of equity.
Semiotic analysis of the components of justice - the scales of justice, the
sword, and the blind-fold yield valuable insights into how the icon may em-
body concepts of truth, reason, justice, and faimess in decision-making. The
double-edged sword of Reason and Truth may be construed as a means to en-
sure decisions are made on the basis of evidence, the truth of which is gained
through careful processes of examination and cross-examination in courts of
law, rather than on the individual prejudices of a powerful leader. The sword
may be seen by some as the symbol ofjustice, yet to others it may symbolize
an instrument of death. The scales of justice are seen to weigh and measure
truth and balance the evidence so that the truth emerges. Yet the outcome
means someone will win and another lose and this may not appear to be'Just"
to someone who lost by a very nalrow margin. Some people may argue that the
rules of evidence have become so regimented that much of the evidence that
should be permitted to be taken into account in weighing up the balance of
truth is not permitted to be heard - therefore only a watered down version of
events is offered to the scales of justice. The blind-fold of impartiality is the
most contested of symbols, as the need for decision-making that is free from
bias or personal prejudice must be balanced against the need forjustice to keep
abreast of the changing world and not remove herself from its problems and
needs. Lady Justice is an icon embodying both the ideals and the flaws of
democracy.
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