What do the word justice means

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Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes «deserving» being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings.

Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 17th century, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 19th century, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the greatest number of people.

Theories of distributive justice study what is to be distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians have said that justice can only exist within the coordinates of equality. John Rawls used a social contract theory to say that justice, and especially distributive justice, is a form of fairness. Robert Nozick and others said that property rights, also within the realm of distributive justice and natural law, maximizes the overall wealth of an economic system. Theories of retributive justice say that wrongdoing should be punished to ensure justice. The closely related restorative justice (also sometimes called «reparative justice») is an approach to justice that focuses on the needs of victims and offenders.

Harmony[edit]

Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence, Plato’s definition of justice is that justice is the having and doing of what is one’s own. A just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the individual level and at the universal level. A person’s soul has three parts – reason, spirit and desire. Similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point: a chariot works as a whole because the two horses’ power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good. If one is ill, one goes to a medic rather than a farmer, because the medic is expert in the subject of health. Similarly, one should trust one’s city to an expert in the subject of the good, not to a mere politician who tries to gain power by giving people what they want, rather than what’s good for them. Socrates uses the parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship’s course (the politicians), and a navigator (the philosopher) who is the only one who knows how to get the ship to port. For Socrates, the only way the ship will reach its destination – the good – is if the navigator takes charge.[1]

Divine command[edit]

Advocates of divine command theory say that justice, and indeed the whole of morality, is the authoritative command of God. Murder is wrong and must be punished, for instance, because God says it so. Some versions of the theory assert that God must be obeyed because of the nature of his relationship with humanity, others assert that God must be obeyed because he is goodness itself, and thus doing what he says would be best for everyone.

A meditation on the divine command theory by Plato can be found in his dialogue, Euthyphro. Called the Euthyphro dilemma, it goes as follows: «Is what is morally good commanded by God because it is morally good, or is it morally good because it is commanded by God?» The implication is that if the latter is true, then justice is beyond mortal understanding; if the former is true, then morality exists independently from God, and is therefore subject to the judgment of mortals. A response, popularized in two contexts by Immanuel Kant and C. S. Lewis, is that it is deductively valid to say that the existence of an objective morality implies the existence of God and vice versa.

Natural law[edit]

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For advocates of the theory that justice is part of natural law (e.g., John Locke), justice involves the nature of man.[3]

Despotism and skepticism[edit]

In Republic by Plato, the character Thrasymachus argues that justice is the interest of the strong – merely a name for what the powerful or cunning ruler has imposed on the people.

Mutual agreement[edit]

Advocates of the social contract say that justice is derived from the mutual agreement of everyone; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. This account is considered further below, under ‘Justice as Fairness’. The absence of bias refers to an equal ground for all people involved in a disagreement (or trial in some cases).[citation needed]

Subordinate value[edit]

According to utilitarian thinkers including John Stuart Mill, justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness, consequentialism: what is right is what has the best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those that tend to have the best consequences. These rules may turn out to be familiar ones such as keeping contracts; but equally, they may not, depending on the facts about real consequences. Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, or the feeling of self-defense and our ability to put ourselves imaginatively in another’s place, sympathy. So, when we see someone harmed, we project ourselves into their situation and feel a desire to retaliate on their behalf. If this process is the source of our feelings about justice, that ought to undermine our confidence in them.[4]

Theories of retributive justice[edit]

Theories of retributive justice involve punishment for wrongdoing, and need to answer three questions:

  1. why punish?
  2. who should be punished?
  3. what punishment should they receive?

This section considers the two major accounts of retributive justice, and their answers to these questions. Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment.

Utilitarianism[edit]

According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. Punishment fights crime in three ways:

  1. Deterrence. The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices that maximize welfare. This matches some strong intuitions about just punishment: that it should generally be proportional to the crime.
  2. Rehabilitation. Punishment might make «bad people» into «better» ones. For the utilitarian, all that «bad person» can mean is «person who’s likely to cause unwanted things (like suffering)». So, utilitarianism could recommend punishment that changes someone such that they are less likely to cause bad things.
  3. Security/Incapacitation. Perhaps there are people who are irredeemable causers of bad things. If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm and therefore the benefit lies within protecting society.

So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. This may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has.[5]

Retributivism[edit]

The retributivist will think consequentialism is mistaken. If someone does something wrong we must respond by punishing for the committed action itself, regardless of what outcomes punishment produces. Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished. It says that all guilty people, and only guilty people, deserve appropriate punishment. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty.[6] However, it is sometimes said that retributivism is merely revenge in disguise.[7] However, there are differences between retribution and revenge: the former is impartial and has a scale of appropriateness, whereas the latter is personal and potentially unlimited in scale.[8]

Restorative justice[edit]

Restorative justice (also sometimes called «reparative justice») is an approach to justice that focuses on the needs of victims and offenders, instead of satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions, «to repair the harm they’ve done – by apologizing, returning stolen money, or community service». It is based on a theory of justice that considers crime and wrongdoing to be an offense against an individual or community rather than the state. Restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability.[9]

Mixed theories[edit]

Some modern philosophers have said that Utilitarian and Retributive theories are not mutually exclusive. For example, Andrew von Hirsch, in his 1976 book Doing Justice, suggested that we have a moral obligation to punish greater crimes more than lesser ones.[10] However, so long as we adhere to that constraint then utilitarian ideals would play a significant secondary role.

Theories[edit]

Introduction[edit]

It has been said[11] that ‘systematic’ or ‘programmatic’ political and moral philosophy in the West begins, in Plato’s Republic, with the question, ‘What is Justice?’[12] According to most contemporary theories of justice, justice is overwhelmingly important: John Rawls claims that «Justice is the first virtue of social institutions, as truth is of systems of thought.»[13] In classical approaches, evident from Plato through to Rawls, the concept of ‘justice’ is always construed in logical or ‘etymological’ opposition to the concept of injustice. Such approaches cite various examples of injustice, as problems which a theory of justice must overcome. A number of post-World War II approaches do, however, challenge that seemingly obvious dualism between those two concepts.[14] Justice can be thought of as distinct from benevolence, charity, prudence, mercy, generosity, or compassion, although these dimensions are regularly understood to also be interlinked. Justice is the concept of cardinal virtues, of which it is one.[15] Metaphysical justice has often been associated with concepts of fate, reincarnation or Divine Providence, i.e., with a life in accordance with a cosmic plan.

The equivalence of justice and fairness has been historically and culturally established.[16]

Equality before the law[edit]

Law raises important and complex issues about equality, fairness, and justice. There is an old saying that ‘All are equal before the law’. The belief in equality before the law is called legal egalitarianism. In criticism of this belief, the author Anatole France said in 1894, «In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.»[17] With this saying, France illustrated the fundamental shortcoming of a theory of legal equality that remains blind to social inequality; the same law applied to all may have disproportionately harmful effects on the least powerful.

Relational justice[edit]

Relational justice seeks to examine the connections between individuals and focuses on their relations in societies, with respect to how these relationships are established and configured. In a normative view, this focus includes an understanding of what these relations should be. In a political view, this focus includes the method of organizing persons in society. Rawls’ theory of justice stakes out the task of justice as equalizing the distribution of primary social goods to benefit the worst-off in society. However, his distributive scheme, and other distributive accounts of justice do not directly consider power relations between and among individuals. Nor do they address such political considerations as various structures of decision-making, such as divisions of labor culture, or the construction of social meanings. Even Rawls’ own basic value of self-respect cannot be said to be amenable to distribution.[18] Iris Marion Young charges that distributive accounts of justice fail to provide an adequate way of conceptualizing political justice in that they fail to take into account many of the demands of ordinary life and that a relational view of justice grounded upon understanding the differences among social groups offers a better approach, one which acknowledges unjust power relations among individuals, groups, and institutional structures.[19] Young Kim also takes a relational approach to the question of justice, but departs from Iris Marion Young’s political advocacy of group rights and instead, he emphasizes the individual and moral aspects of justice.[20] As to its moral aspects, he said that justice includes responsible actions based on rational and autonomous moral agency, with the individual as the proper bearer of rights and responsibilities. Politically, he maintains that the proper context for justice is a form of liberalism with the traditional elements of liberty and equality, together with the concepts of diversity and tolerance.

Classical liberalism[edit]

Equality before the law is one of the basic principles of classical liberalism.[21][22] Classical liberalism calls for equality before the law, not for equality of outcome.[21] Classical liberalism opposes pursuing group rights at the expense of individual rights.[22] In addition to equality, individual liberty serves as a core notion of classical liberalism. As to the liberty component, British social and political theorist, philosopher, and historian of ideas Isaiah Berlin identifies positive and negative liberty in «Two Concepts of Liberty»,[23] subscribing to a view of negative liberty, in the form of freedom from governmental interference. He further extends the concept of negative liberty in endorsing John Stuart Mills’ harm principle: «the sole end for which mankind are warranted, individually and collectively, in interfering with the liberty of action of any of their number, is self-protection»,[24] which represents a classical liberal view of liberty.[25]

Equality[edit]

In political theory, liberalism includes two traditional elements: liberty and equality. Most contemporary theories of justice emphasize the concept of equality, including Rawls’ theory of justice as fairness. For Ronald Dworkin, a complex notion of equality is the sovereign political virtue.[26] Dworkin raises the question of whether society is under a duty of justice to help those responsible for the fact that they need help. Complications arise in distinguishing matters of choice and matters of chance, as well as justice for future generations in the redistribution of resources that he advocates.[27]

Religion and spirituality[edit]

Abrahamic justice[edit]

Jews, Christians, and Muslims traditionally believe that justice is a present, real, right, and, specifically, governing concept along with mercy, and that justice is ultimately derived from and held by God. According to the Bible, such institutions as the Mosaic Law were created by God to require the Israelites to live by and apply His standards of justice.

The Hebrew Bible describes God as saying about the Judeo-Christian patriarch Abraham: «No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice;….» (Genesis 18:19, NRSV). The Psalmist describes God as having «Righteousness and justice [as] the foundation of [His] throne;….» (Psalms 89:14, NRSV).

The New Testament also describes God and Jesus Christ as having and displaying justice, often in comparison with God displaying and supporting mercy (Matthew 5:7).

Theories of sentencing[edit]

In criminal law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function.[28] The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. Laws may specify the range of penalties that can be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given a certain set of offense and offender characteristics.[29] The most common purposes of sentencing in legal theory are:

Theory Aim of theory Suitable punishment
Retribution Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society.
  • Tariff sentences
  • Sentence must be proportionate to the crime
Deterrence
  • To the individual – the individual is deterred through fear of further punishment.
  • To the general public – Potential offenders warned as to likely punishment
  • Prison Sentence
  • Heavy Fine
  • Long sentence as an example to others
Rehabilitation To reform the offender’s behavior
  • Individualized sentences
  • Community service orders
  • moral education
  • vocational education
Incapacitation Offender is made incapable of committing further crime to protect society at large from crime
  • Long prison sentence
  • Electronic tagging
  • Banning orders
Reparation Repayment to victim(s) or to community
  • Compensation
  • Unpaid work
  • Reparation Schemes
Denunciation Society expressing its disapproval reinforcing moral boundaries
  • Reflects blameworthiness of offense
  • punishment in public
  • punishment reported to public

In civil cases the decision is usually known as a verdict, or judgment, rather than a sentence.[30] Civil cases are settled primarily by means of monetary compensation for harm done («damages») and orders intended to prevent future harm (for example injunctions). Under some legal systems an award of damages involves some scope for retribution, denunciation and deterrence, by means of additional categories of damages beyond simple compensation, covering a punitive effect, social disapprobation, and potentially, deterrence, and occasionally disgorgement (forfeit of any gain, even if no loss was caused to the other party).

Evolutionary perspectives[edit]

Evolutionary ethics and evolution of morality suggest evolutionary bases for the concept of justice.[31] Biosocial criminology research says that human perceptions of what is appropriate criminal justice are based on how to respond to crimes in the ancestral small-group environment and that these responses may not always be appropriate for today’s societies.[32]

Reactions to fairness[edit]

Studies at UCLA in 2008 have indicated that reactions to fairness are «wired» into the brain and that, «Fairness is activating the same part of the brain that responds to food in rats… This is consistent with the notion that being treated fairly satisfies a basic need».[33] Research conducted in 2003 at Emory University involving capuchin monkeys demonstrated that other cooperative animals also possess such a sense and that «inequity aversion may not be uniquely human».[34]

Institutions and justice[edit]

Main article: Law

In a world where people are interconnected but they disagree, institutions are required to instantiate ideals of justice. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards – consider the institution of slavery. Justice is an ideal the world fails to live up to, sometimes due to deliberate opposition to justice despite understanding, which could be disastrous. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal theorists and by philosophers of law.[35] The United Nations Sustainable Development Goal 16 emphasizes the need for strong institutions in order to uphold justice.[36]

Psychology[edit]

There has been research into victim’s persepctive of justice following crimes. Victims find respectful treatment, information and having a voice important for a sense of justice as well as the perception of a fair procedure.[37]

Pemberton et al propose a «Big 2» model of justice in terms agency and communion, membership in a society. Victims experience a loss of perception of agency due to a loss of control as well as a loss of communion if the offender is a member of their social group, but may also lose trust in others or institutions. It can shatter an individual’s trust that they live in a just and moral world. This suggests that a sense of justice can be restored by increasing a sense of communion and agency rather than through retribution of restoration.[37]

Theories of distributive justice[edit]

Theories of distributive justice need to answer three questions:

  1. What goods are to be distributed? Is it to be wealth, power, respect, opportunities or some combination of these things?
  2. Between what entities are they to be distributed? Humans (dead, living, future), sentient beings, the members of a single society, nations?
  3. What is the proper distribution? Equal, meritocratic, according to social status, according to need, based on property rights and non-aggression?

Distributive justice theorists generally do not answer questions of who has the right to enforce a particular favored distribution, while property rights theorists say that there is no «favored distribution». Rather, distribution should be based simply on whatever distribution results from lawful interactions or transactions (that is, transactions which are not illicit).

[edit]

Social justice encompasses the just relationship between individuals and their society, often considering how privileges, opportunities, and wealth ought to be distributed among individuals.[38] Social justice is also associated with social mobility, especially the ease with which individuals and families may move between social strata.[39] Social justice is distinct from cosmopolitanism, which is the idea that all people belong to a single global community with a shared morality.[40] Social justice is also distinct from egalitarianism, which is the idea that all people are equal in terms of status, value, or rights, as social justice theories do not all require equality.[41] For example, sociologist George C. Homans suggested that the root of the concept of justice is that each person should receive rewards that are proportional to their contributions.[42][43] Economist Friedrich Hayek said that the concept of social justice was meaningless, saying that justice is a result of individual behavior and unpredictable market forces.[44] Social justice is closely related to the concept of relational justice, which is about the just relationship with individuals who possess features in common such as nationality, or who are engaged in cooperation or negotiation.[45][46]

Fairness[edit]

In his A Theory of Justice, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness: an impartial distribution of goods. Rawls asks us to imagine ourselves behind a veil of ignorance that denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and life plans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. We don’t know who in particular we are, and therefore can’t bias the decision in our own favor. So, the decision-in-ignorance models fairness, because it excludes selfish bias. Rawls said that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Instead, we would endorse Rawls’s two principles of justice:

  • Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
  • Social and economic inequalities are to be arranged so that they are both
    • to the greatest benefit of the least advantaged, consistent with the just savings principle, and
    • attached to offices and positions open to all under conditions of fair equality of opportunity.[47]

This imagined choice justifies these principles as the principles of justice for us, because we would agree to them in a fair decision procedure. Rawls’s theory distinguishes two kinds of goods – (1) the good of liberty rights and (2) social and economic goods, i.e. wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2).

In one sense, theories of distributive justice may assert that everyone should get what they deserve. Theories vary on the meaning of what is «deserved». The main distinction is between theories that say the basis of just deserts ought to be held equally by everyone, and therefore derive egalitarian accounts of distributive justice – and theories that say the basis of just deserts is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice by which some should have more than others.

According to meritocratic theories, goods, especially wealth and social status, should be distributed to match individual merit, which is usually understood as some combination of talent and hard work. According to needs-based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals’ basic needs for them. Marxism is a needs-based theory, expressed succinctly in Marx’s slogan «from each according to his ability, to each according to his need».[48] According to contribution-based theories, goods should be distributed to match an individual’s contribution to the overall social good.

Property rights[edit]

In Anarchy, State, and Utopia, Robert Nozick said that distributive justice is not a matter of the whole distribution matching an ideal pattern, but of each individual entitlement having the right kind of history. It is just that a person has some good (especially, some property right) if and only if they came to have it by a history made up entirely of events of two kinds:

  • Just acquisition, especially by working on unowned things; and
  • Just transfer, that is free gift, sale or other agreement, but not theft (i.e. by force or fraud).

If the chain of events leading up to the person having something meets this criterion, they are entitled to it: that they possess it is just, and what anyone else does or doesn’t have or need is irrelevant.

On the basis of this theory of distributive justice, Nozick said that all attempts to redistribute goods according to an ideal pattern, without the consent of their owners, are theft. In particular, redistributive taxation is theft.

Some property rights theorists (such as Nozick) also take a consequentialist view of distributive justice and say that property rights based justice also has the effect of maximizing the overall wealth of an economic system. They explain that voluntary (non-coerced) transactions always have a property called Pareto efficiency. The result is that the world is better off in an absolute sense and no one is worse off. They say that respecting property rights maximizes the number of Pareto efficient transactions in the world and minimized the number of non-Pareto efficient transactions in the world (i.e. transactions where someone is made worse off). The result is that the world will have generated the greatest total benefit from the limited, scarce resources available in the world. Further, this will have been accomplished without taking anything away from anyone unlawfully.

Welfare-maximization[edit]

According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals.[49] This may require sacrifice of some for the good of others, so long as everyone’s good is taken impartially into account. Utilitarianism, in general, says that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism, and only indirectly, if at all, to do with rights, property, need, or any other non-utilitarian criterion. These other criteria might be indirectly important, to the extent that human welfare involves them. But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action.

See also[edit]

Other pages[edit]

  • Education for Justice
  • Adl (Arabic for Justice in Islam)
  • Criminal justice
  • Ethics
  • Global justice
  • International Court of Justice
  • International Criminal Court
  • Just war theory
  • Just-world hypothesis
  • Justice (economics)
  • Morality
  • Napoleonic Code
  • Rationality
  • Rule according to higher law
  • Sociology of law
  • A Theory of Justice by John Rawls

Types of justice[edit]

  • Distributive justice
  • Environmental justice
  • Injustice
  • Occupational injustice
  • Open justice
  • Organizational justice
  • Poetic justice
  • Social justice
  • Spatial justice

References[edit]

  1. ^ Plato, Republic trans. Robin Waterfield (Oxford: Oxford University Press, 1984).
  2. ^ Cuban Law’s Blindfold, 23.
  3. ^ See Two Treatises of Government: In The Former the False Principles and Foundation of Sir Robert Filmer and His Followers, are Detected and Overthrown. The Latter is An Essay Concerning the True Original Extent and End of Civil Government (3 ed.). London: Awnsham and John Churchill. 1698. Retrieved 20 November 2014. via Google Books
  4. ^ John Stuart Mill, Utilitarianism in On Liberty and Other Essays ed. John Gray (Oxford: Oxford University Press, 1991), Chapter 5.
  5. ^ C.L. Ten, ‘Crime and Punishment’ in Peter Singer ed., A Companion to Ethics (Oxford: Blackwell Publishing, 1993): 366–372.
  6. ^ «Punishment». California State University. Archived from the original on 13 April 2021. Retrieved 12 August 2020.
  7. ^ Ted Honderich, Punishment: The supposed justifications (London: Hutchinson & Co., 1969), Chapter 1.
  8. ^ «Retribution vs Revenge — What’s the difference?». 9 October 2015.
  9. ^ Michael Braswell, and John Fuller, Corrections, Peacemaking and Restorative Justice: Transforming Individuals and Institutions (Routledge, 2014).
  10. ^ Andrew Von Hirsch, Doing Justice: The Choice of Punishments (Lebanon NH: Northeastern Univ. Press, 1976). ISBN 9780930350833
  11. ^ See, e.g., Eric Heinze, The Concept of Injustice (Routledge, 2013), pp. 4–10, 50–60.
  12. ^ Plato, The Republic, Book I, 331b–c.
  13. ^ John Rawls, A Theory of Justice (revised edn, Oxford: Oxford University Press, 1999), p. 3
  14. ^ *See, e.g., Eric Heinze, The Concept of Injustice (Routledge, 2013).
    • Clive Barnett The Priority of Injustice: Locating Democracy in Critical Theory

  15. ^ Wenar, Leif (2021), «John Rawls», in Zalta, Edward N. (ed.), The Stanford Encyclopedia of Philosophy (Summer 2021 ed.), Metaphysics Research Lab, Stanford University, retrieved 20 May 2021
  16. ^ Daston, Lorraine (2008). «Life, Chance and Life Chances». Daedalus. 137: 5–14. doi:10.1162/daed.2008.137.1.5. S2CID 57563698.
  17. ^ (France, The Red Lily, Chapter VII).
  18. ^ Young Kim, Justice as Right Actions (Lexington Books, 2015), ch.10 (ISBN 978-1498516518)
  19. ^ Iris Marion Young, Justice and the Politics of Difference (Oxford University Press, 1990).
  20. ^ Young Kim, Justice as Right Actions (Lexington Books, 2015) (ISBN 978-1498516518)
  21. ^ a b Chandran Kukathas, «Ethical Pluralism from a Classical Liberal Perspective,» in The Many and the One: Religious and Secular Perspectives on Ethical Pluralism in the Modern World, ed. Richard Madsen and Tracy B. Strong, Ethikon Series in Comparative Ethics (Princeton, NJ: Princeton University Press, 2003), 61 (ISBN 0-691-09993-6).
  22. ^ a b Mark Evans, ed., Edinburgh Companion to Contemporary Liberalism: Evidence and Experience (London: Routledge, 2001), 55 (ISBN 1-57958-339-3).
  23. ^ Isaiah Berlin, «Two Concepts of Liberty» in Four Essays on Liberty (Oxford University Press, 1969)
  24. ^ John Stuart Mill, «On Liberty» in John Stuart Mill on Liberty and Other Essays, ed. John Gray (Oxford University Press, 1998)
  25. ^ Young Kim, Justice as Right Actions (Lexington Books, 2015), p.79 (ISBN 978-1498516518)
  26. ^ (Ronald Dworkin, Sovereign Virtue (Harvard University Press, 2000)
  27. ^ Young Kim, Justice as Right Actions (Lexington Books, 2015), ch.7 (ISBN 978-1498516518)
  28. ^ «laws rules justice».
  29. ^ «sentencing guidelines» (PDF). Library of Congress.
  30. ^ «how court works».
  31. ^ Morality and evolutionary biology. Metaphysics Research Lab, Stanford University. 2021.
  32. ^ Kruger, Daniel J.; Nedelec, Joseph L.; Reischl, Thomas M.; Zimmerman, Marc A. (2015). «Life History Predicts Perceptions of Procedural Justice and Crime Reporting Intentions». Evolutionary Psychological Science. 1 (3): 183–194. doi:10.1007/s40806-015-0021-9. S2CID 142324638.
  33. ^ «Brain reacts to fairness as it does to money and chocolate, study shows». UCLA Newsroom. UCLA. 21 April 2008. Archived from the original on 26 February 2010. Retrieved 15 January 2015.
  34. ^ Nature 425, 297–299 (18 September 2003)
  35. ^ David Miller (26 June 2017). «Justice». Stanford Encyclopedia of Philosophy. Metaphysics Research Lab, Stanford University.
  36. ^ Doss, Eric. «Sustainable Development Goal 16». United Nations and the Rule of Law. Retrieved 25 September 2020.
  37. ^ a b Pemberton, A.; Aarten, P. G. M.; Mulder, E. (2017). «Beyond retribution, restoration and procedural justice: the Big Two of communion and agency in victims’ perspectives on justice». Psychology, Crime & Law. 23 (7): 682–698. doi:10.1080/1068316X.2017.1298760. S2CID 151982079. Retrieved 20 February 2023.
  38. ^ «social justice | Definition of social justice in English by Oxford Dictionaries». Oxford Dictionaries | English. Archived from the original on 14 January 2017. Retrieved 13 November 2018.
  39. ^ Ornstein, Allan C. (1 December 2017). «Social Justice: History, Purpose and Meaning». Society. 54 (6): 541–548. doi:10.1007/s12115-017-0188-8. ISSN 1936-4725.
  40. ^ Kleingeld, Pauline; Brown, Eric (2014), «Cosmopolitanism», in Zalta, Edward N. (ed.), The Stanford Encyclopedia of Philosophy (Fall 2014 ed.), Metaphysics Research Lab, Stanford University, retrieved 14 December 2018
  41. ^ «egalitarianism | Definition of egalitarianism in English by Oxford Dictionaries». Oxford Dictionaries | English. Archived from the original on 13 November 2018. Retrieved 13 November 2018.
  42. ^ Rubinstein, David (1988). «The Concept of Justice in Sociology». Theory and Society. 17 (4): 527–550. doi:10.1007/BF00158887. JSTOR 657654. S2CID 143622666.
  43. ^ Homans, George Caspar (1974). Social behavior; its elementary forms (Rev. ed.). New York: Harcourt, Brace, Jovanovich. pp. 246–249. ISBN 978-0-15-581417-2. OCLC 2668194.
  44. ^ Hayek, F.A. (1976). Law, legislation and liberty : a new statement of the liberal principles of justice and political economy. Routledge & Kegan Paul. p. 78. ISBN 978-0-7100-8403-3. OCLC 769281087.
  45. ^ Poblet, Marta; Casanovas, Pompeu (2008), «Concepts and Fields of Relational Justice», Computable Models of the Law, Lecture Notes in Computer Science, Springer, Berlin, Heidelberg, pp. 323–339, doi:10.1007/978-3-540-85569-9_21, ISBN 978-3-540-85568-2
  46. ^ Nagel, Thomas (2005). «The Problem of Global Justice». Philosophy & Public Affairs. 33 (2): 113–147. doi:10.1111/j.1088-4963.2005.00027.x. ISSN 1088-4963. S2CID 144307058.
  47. ^ John Rawls, A Theory of Justice (revised edition, Oxford: Oxford University Press, 1999), p. 266.
  48. ^ Karl Marx, ‘Critique of the Gotha Program’ in Karl Marx: Selected writings ed. David McLellan (Oxford: Oxford University Press, 1977): 564–70 [569].
  49. ^ «The Project Gutenberg eBook of on Liberty, by John Stuart Mill». gutenberg.org. Retrieved 3 May 2019.

Further reading[edit]

  • Clive Barnett, The Priority of Injustice: Locating Democracy in Critical Theory (Athens, GA: University of Georgia Press, 2017), ISBN 978-0-8203-5152-0
  • Brian Barry, Theories of Justice (Berkeley: University of California Press, 1989)
  • Gad Barzilai, Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan Press, 2003)
  • Harry Brighouse, Justice (Cambridge: Polity Press, 2004)
  • Anthony Duff & David Garland eds, A Reader on Punishment (Oxford: Oxford University Press, 1994)
  • Colin Farrelly, An Introduction to Contemporary Political Theory (London: Sage, 2004)
  • David Gauthier, Morals By Agreement (Oxford: Clarendon Press, 1986)
  • Robert E. Goodin & Philip Pettit eds, Contemporary Political Philosophy: An anthology (2nd edition, Malden, Massachusetts: Blackwell, 2006), Part III
  • Serge Guinchard, La justice et ses institutions (Judicial institutions), Dalloz editor, 12 edition, 2013
  • Eric Heinze, The Concept of Injustice (Routledge, 2013)
  • Ted Honderich, Punishment: The supposed justifications (London: Hutchinson & Co., 1969)
  • James Konow (2003) «Which Is the Fairest One of All? A Positive Analysis of Justice Theories», Journal of Economic Literature, 41(4)pp. 1188–1239
  • Will Kymlicka, Contemporary Political Philosophy: An introduction (2nd edition, Oxford: Oxford University Press, 2002)
  • Nicola Lacey, State Punishment (London: Routledge, 1988)
  • John Stuart Mill, Utilitarianism in On Liberty and Other Essays ed. John Gray (Oxford: Oxford University Press, 1991)
  • Robert Nozick, Anarchy, State, and Utopia (Oxford: Blackwell, 1974)
  • Amartya Sen (2011). The Idea of Justice. Cambridge: Belknap Press of Harvard University Press. ISBN 978-0-674-06047-0.
  • Marek Piechowiak, Plato’s Conception of Justice and the Question of Human Dignity (2nd edition, revised and extended, Berlin: Peter Lang Academic Publishers, 2021), ISBN 978-3-631-84524-0.
  • C.L. Ten, Crime, Guilt, and Punishment: A philosophical introduction (Oxford: Clarendon Press, 1987)
  • Plato, Republic trans. Robin Waterfield (Oxford: Oxford University Press, 1994)
  • John Rawls, A Theory of Justice (revised edition, Oxford: Oxford University Press, 1999)
  • David Schmidtz, Elements of Justice (New York: Columbia University Press, 2006)
  • Peter Singer ed., A Companion to Ethics (Oxford: Blackwell, 1993), Part IV
  • Reinhold Zippelius, Rechtsphilosophie, §§ 11–22 (6th edition, Munich: C.H. Beck, 2011), ISBN 978-3-406-61191-9

External links[edit]

Wikiquote has quotations related to Justice.

Wikimedia Commons has media related to Justice.

  • Internet Encyclopedia of Philosophy entries:
    • Distributive Justice, by Michael Allingham
    • Punishment, by Kevin Murtagh
    • Western Theories of Justice, by Wayne P. Pomerleau
  • Stanford Encyclopedia of Philosophy entries:
    • «Justice» by David Miller
    • «Distributive Justice» by Julian Lamont
    • «Justice as a Virtue» by Michael Slote
    • «Punishment» by Hugo Adam Bedau and Erin Kelly
  • United Nations Rule of Law: Informal Justice, on the relationship between informal/community justice, the rule of law and the United Nations
  • Justice: What’s The Right Thing To Do? Archived 27 April 2014 at the Wayback Machine, a series of 12 videos on the subject of justice by Harvard University’s Michael Sandel, with reading materials and comments from participants.

The justice is a precept which began to be used years before Christ, to show fairness before a court and an executioner who dictated sentences regardless of whether these were fair or not. In a concrete way, it can be ensured that impartiality is a constant and perpetual will to give each one what is due. This very generic idea makes sense in two types of justice, the commutative and the distributive.

Table of Contents

The definition of justice is related to the values ​​that are instilled in society, which seek a common good for all citizens. It is not a law that can regulate the behavior of individuals throughout the planet, but a precept that starts from the premise of giving everyone what they really deserve according to their acts and behaviors. Fairness is also known as fairness, it is part of the law and is represented by the goddess of justice.

What is known as commutative justice is based on a principle of reciprocity and requires a proportional equivalent in return. on the other hand, the distributive, which refers to solidarity and equality among all humans, what is fair, what is for everyone and that must be distributed as such to comply with this principle.

For legal scholars, it is normal to think of the courthouse when talking about the term, since it is there, specifically in the supreme court of justice, where decisions are made that can change the lives of citizens (for better or better). for bad, all according to their actions). It is about defense and justice, exercising fundamental rights and proving the innocence or guilt of the subjects. As examples of justice, there are sentences issued by national courts, laws, etc.

In the concept of justice, we speak of a set or group of criteria that establish a certain type of treatment to apply both to people and to institutions. These guidelines may contain prohibitions and authorizations in society. For example, if a person acts badly or in a negative way, one way to be fair is to carry out a punishment. The reprimanded subjects, in one way or another, understand that there are established behaviors and that they must be followed. The meaning of justice encompasses many elements and all of them will be explained in this post.

The origin of justice

The concept of justice starts from different premises, with Greek and Roman origins and from religious and even philosophical points of view. Thanks to each of these aspects, there is currently a very accurate definition of justice. If we talk about the philosophical part of justice, then we must mention ethics, morals and good customs that every citizen should have. To have a broad notion of this conceptualization, virtue must be considered as an innate inclination to give each person what is really due.

We must also take into account the will which, in turn, is considered as the rectitude of a subject. Saint Thomas Aquinas said that just people were not those who knew what was good or what was bad, but those who acted peacefully, respecting their environment and behaving as society expected. For him, everything is based on the mental rectitude of a person, that is, on the will that accompanies him from the moment he can use his reason, until the last day of his life.

If all this is analyzed, it is quite clear that the reason or the origin of impartiality according to philosophy is objectivity. Now, if it is analyzed from the Roman conceptualization, what is fair is defined by Ulpiano as a constant will to grant or give each person the right that corresponds to him. This went beyond social reciprocity, but the legal benefits or penalties that the subjects would have. Ulpiano established several rules to follow in order to live together in harmony and keep society in complete order.

These rules were based on behaving properly, not acting with malice or malice in front of other people, still less doing harm to citizens. Finally, it established that all comply and enforce these rules and the rest of the laws created at that time, because only then would they receive the same treatment in return. On the other hand, if they did everything contrary to what was stipulated, people would only receive punishments, in this way, he captured what he called justice. From here, equity was taken into account for the elaboration of laws in Rome and the world.

On the other hand, there is the Greek conceptualization, which refers to the morals and good customs of the individuals of a society. It has a lot to do with religious views, in fact it has a lot to do with Christianity and the Old and New Testaments. This point of view goes beyond law or morality, since it speaks of the relationship between God and the humans that he himself created. It is about sincerity, trust, faithfulness and the fulfillment of God’s will on earth.

One cannot speak of what justice is without mentioning the etymology of the Old Testament. The written references speak of equity as a benevolent act of God, an action that God establishes to keep humanity safe from sin. Of course, this action is conditional on rules that each person in all humanity must comply with, these are the well-known 10 commandments delivered or notified in the Alliance that was celebrated between God and the Israelite people. In the Old Testament, justice is divine and manages to involve faithfulness in conjunction with salvation.

In addition, for many it is not congruent to explain what justice is without making references to the new testament, which maintains the essence of the fairness of the old testament, but acquiring a deeper aspect, very similar to the Roman conceptualization, in which the presence of fidelity and compliance with the rules, but there is also solidity and toughness, both lead individuals to overcome the forces of evil that God seeks to drive away from humanity. Etymologists mention that there are many concepts of justice in the Bible and that none is less valid than the other.

The representation of justice

Who makes the direct representation of the term is the lady of justice, personified by different deities according to the culture. It begins with Egypt in the goddesses Maat and Isis, then in Greek mythology like Temi and Dicea.

Temi was considered the goddess of law, of good customs, of strength. It could be said that it had a lot to do with the law, although finally most people associate the lady of justice with Dicea, as she was portrayed carrying a scale in one hand, the sword in another and a bandage covering her eyes.

The scale represents equity and equality in society, it is what makes everyone see that everyone has what is due. The sword refers to the constant struggle to discover the truth, to enforce the rules and for people to be benefited or judged according to their actions. Finally, the bandage, which represents faith and fidelity in citizens. There is a saying that says that justice is blind, that it does not see age or social status, hence one of the conceptualizations of the blindfold in the immortalized lady.

Types of justice

The objective of separating the term into types or classifications is to be able to regulate people in society, to find the way in which everyone behaves in a certain way and that, in case the subjects do the opposite, they are judged through mechanisms created by an organized society. In this regard, equity can be seen as a remedial means. If a person feels that their will has been violated or falsely judged, they can appeal for some of the 4 types of justice.

Distributive Justice

It is also named economic equity and refers to granting each citizen access to a dignified life, for this, it enables all the resources that direct the subjects to meet that social objective, more specifically, wealth is distributed in equal or equivalent amounts for an entire population or a particular sector. An example of this type is the minimum wage that is earned in most countries of the world.

There are many pros and cons regarding this issue, because although a considerable number strongly agree with this precept, many others think that it is not fair that everyone has the same wealth when there are subjects with more experiences, levels of studies or efforts. It is precisely for this reason that this aspect is debatable and not applicable in all territories of the world. Mexico is one of the countries that does apply this type of justice.

Retributive Justice

Here we are faced with a type of equity in social treatment, that is, it seeks to establish a rule in which citizens are treated properly and in the same way in which they have treated their neighbor. In this aspect, there are many retroactive actions, because just as it benefits those who have acted as society expects it, those who break the rules are also punished, thus implementing a scale in which equity is the main prize. Here the law has a fairly close relationship with justice.

It is through the law that action is taken on the matter, solutions are sought and punishments are applied, in this way both national and international laws are achieved (Laws on human rights, war crimes, corruption, etc.).

Procedural justice

Here the impartiality of the laws is highlighted regardless of the territory or the crime that is committed. There is a concern in decision making and in the implementation of benefits or punishments according to people’s behavior. Procedural fairness is based on equality, in that no one is more than anyone else and that regardless of their social status, everyone will receive the treatment that they themselves have expressed.

In this aspect, the intervention of the law is also seen, since a person needs the ability to exercise his will and be impartial, but also another who can represent the person who has broken the law, so that he can defend him. But this figure is also present in government tactics, specifically when a decision is to be made that involves the participation of citizens. Here, defense and justice go hand in hand.

Restorative Justice

This is the complete opposite of retributive justice, since its main objective is to pay close attention to the victim, ensuring their safety, well-being and fundamental rights. This type is more subjective, since far from seeking the welfare of an entire nation, it focuses on the quality of life of crime victims. It is really because of the final detail that these subjects are very important in any restorative operation, since they are the ones who establish what measures to take, what rights must be restored and the obligations of the subjects who violated the laws.

From the point of view of people who violate the laws, they are taught that the rules should not be violated, this is done through a conciliation between the victims and the perpetrators, only then can they be held responsible for the damage caused. In the event that the conciliation does not end and punishments are warranted, these tend to be varied according to the territory in which it is applied, but generally they are fines, imprisonment, prison, etc.

Justice and citizen values

From the beginning, justice is defined as a set of values ​​that are applied and rewarded in society. These are the basis, the genesis, the principle of good coexistence in a certain locality and that, little by little, is expanding until it covers the whole world. In citizen values, justice is applied in all its definitions, for example, when talking about citizen participation, the fact of making small or large contributions to promote the common good is mentioned, it is an act of good will to improve the quality of life.

There is also transparency and this is an original action of government authorities. In this value, they undertake to act publicly, thus avoiding misuse of the resources or power that they possess and can satisfy the needs of the groups. With regard to the misuse of resources, references are made to state secrets, inefficiency, ineffectiveness, arbitrary discretion on issues that should be public, and abuse of power. When the authorities act with transparency, society coexists in complete harmony.

The tolerance is also part of civic values and this is based on respect people for what they are, what they do and what they can do. It is one of the fundamental social norms and the main basis of justice. Tolerance is a complex combination of respect and equality and goes hand in hand with the main precepts of justice.

Finally, honesty, the courage to recognize that there are good and bad things, the ability to know which of the works that correspond to us and which will have consequences in people’s lives. This is part of the conscience, more moral than civic, to be sincere with the actions that are committed on a daily basis.

All these, together, make up the value of justice and the importance that surrounds it in a locality, country and the entire world. All these values ​​go hand in hand, one cannot exist without the presence of the other and that is what predominates.

What is social justice

Aristotle and other scholars, believed that social justice is actually the type of distributive justice applied in many countries, however, the term was born from the social injustice that spreads in the world. The main theme of social justice is equality in all its categories, conceptualizing the term as a way of granting all citizens the same benefits regardless of their economic status, or referring to human dignity, it is simply provided to all, equally, the same benefits and rights according to government parameters.

Collective justice promotes respect and equal acceptance among all citizens, focusing its objectives on the distribution of rights and benefits in a totally equitable manner.

Examples of social justice include the goods and services that everyone needs to live with dignity, education and, lastly, human rights. Over the years, this type of justice has taken on a lot of prominence in the world, which is why the UN established February 20 as the international day of social justice.

Social justice According

The capitalism

Unlike justice, capitalism is not a creation of human beings, it has not been deliberate, on the contrary, it is part of human spontaneity and the need to have more at economic and social levels. Justice has limits, it tries to establish an approach in which everyone has the same in many aspects and capitalism is the opposite. It takes a large number of people or bodies to make decisions, which is why, in practice, there are too many companies that act as competition. Capitalism is expansion and particular vision.

Socialism

The two share several outstanding elements in terms of terminology, in fact, the element they have in common (and the most important, it should be noted) is that of this equality, however, in socialism, this only applies in a hypothetical way, since there are no records that equality or collective justice is actually successfully fulfilled in any country. There is always something that ends up destroying the attempt at collective justice and this has not only happened in this century but in previous ones.

Justice speaks of giving each one what is due and within the social point of view, it is carried out in an equitable manner. This idea has always wanted to be applied by socialism, but it has never been able to materialize.

Liberalism

In this regard, it is important to highlight that liberalism seeks, worth the redundancy, to give individuals the freedom to do with their lives (in social and economic terms) what they believe is the best way to live, that is, here there is no State intervention. In social justice, the State is the main benefactor, it intervenes in the economy and in social aspects such as marriage. Both terms are applicable.

Communism

In this aspect it can be said that there are many similarities in socialism, in addition to sharing many aspects of justice. The problem is that in communism the figure of private companies does not exist, there are no social classes, there is no private property, there is no State.

Social Justice in Mexico

Collective justice can be applied in different countries, Mexico, for example, is one of them, but since perfection is never found in the measures applicable by governments in power, this term has not achieved the expected success. You cannot speak of collective justice in a territory when poverty rates increase instead of decreasing.

Frequently Asked Questions about Justice

What does the word justice mean?

Justice is known as the moral value that a person possesses with the right to provide another with what they deserve. This is done taking into account the actions and behavior of each individual.

What is justice for?

To maintain social order and ensure the common welfare, through the establishment of behaviors, ways of acting, punishments, sanctions for any crime, among others. Justice familiarizes people with how to use methods for conflict resolution, because it provides guidance on rights and duties, as well as promoting the construction of the social fabric and helping to prevent domestic violence.

What is the value of justice for children?

This is qualified as one of the four moral virtues that are essential to establish human relationships and maintain social order, which must be done to provide each person with what he deserves or belongs to him in an impartial way, taking into account the right and reason you have.

What is the Supreme Court of Justice for?

To administer justice through sentences, jurisprudence and following the law.

Why is justice important?

Justice is important because it has the ability to impose sanctions or punishments on those who commit a deliberate act, and who evade the responsibilities infringed by the law, thus violating the rights of others.

Ethics
Theoretical

Meta-ethics
Consequentialism / Deontology / Virtue ethics
Ethics of care
Good and evil | Morality

Applied

Medical ethics / Bioethics
Business ethics
Environmental ethics
Human rights / Animal rights
Legal ethics
Media ethics / Marketing ethics
Ethics of war

Core issues

Justice / Value
Right / Duty / Virtue
Equality / Freedom / Trust
Free will

Key thinkers

Aristotle / Confucius
Aquinas / Hume / Kant / Bentham / Mill / Nietzsche
Hare / Rawls / MacIntyre / Singer / Gilligan

Justice is the ideal, morally correct state of things and persons. The term comes from the Latin jus, meaning «right» or «law.» The questions what justice is and how it can or might be achieved go back in philosophy to the ancient Greeks, especially Plato and Aristotle, who gave those questions a great deal of attention and thought.

For many people justice is overwhelmingly important: «Justice is the first virtue of social institutions, as truth is of systems of thought.»[1] For many, it has not been achieved: «We do not live in a just world.»[2]

This problem of uncertainty about fundamentals has inspired philosophical reflection about justice, as about other topics. What exactly justice is, and what it demands of individuals and societies, are among the oldest and most contested of philosophical questions.

The question or problem of justice has numerous sub-questions or sub-branches, including, among others, legal justice; criminal justice and punishment (sometimes called retributive justice); economic justice (often called distributive justice); the just organization of states and governments; just relationships between people including spouses, parents and children, social hierarchies, and other social arrangements; international justice; and environmental justice.

In the field of economic justice, for example, the question of the proper distribution of wealth in society has been fiercely debated for at least the last 2,500 years.[3] Philosophers, political theorists, theologians, legal scholars and others have attempted to clarify the source, nature and demands of justice, with widely various results.

Some may picture justice as a virtue — a property of people, and only derivatively of their actions and the institutions they create — or as a property of actions or institutions, and only derivatively of the people who bring them about. The source of justice may be thought to be harmony, divine command, natural law, or human creation, or it may be thought to be subordinate to a more central ethical standard. The demands of justice are pressing in two areas, distribution and retribution. Distributive justice may require equality, giving people what they deserve, maximizing benefit to the worst off, protecting whatever comes about in the right way, or maximizing total welfare. Retributive justice may require backward-looking retaliation, or forward-looking use of punishment for the sake of its consequences. Ideals of justice must be put into practice by institutions, which raise their own questions of legitimacy, procedure, codification and interpretation.

J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic

Some Components of Justice

Some philosophers have taken justice to be the whole of ethics. But most have taken ethical goodness or rightness to be a larger category, with justice being a subset. Justice is usually taken to involve at least four closely related ethical concepts: rights, fairness, equality, and desert or getting what one deserves.

Each person, solely by virtue of being human, is entitled to certain rights, generally known as human rights or basic rights, and anything that takes away or infringes on those rights without sufficient reason for doing so is unjust—in the Declaration of Independence, Jefferson enumerated these basic rights as life, liberty, and the pursuit of happiness. John Locke had included property in that list, and the Bill of Rights of the U.S. Constitution—the first ten amendments to that Constitution—is a further specification of such basic human rights. Today the U.N. Commission on Human Rights, and the U.N. Declaration of Human Rights, attempt to specify and promote such human rights worldwide.

Justice often means fairness, as in fair treatment of people, fair pay for work, fair compensation for injuries, fair treatment at law and in the courts and in governmental affairs, and so on. Just what fairness is may be difficult to specify, but it includes treatment of similar cases in a similar way, and treatment of different cases in ways that are proportional to the differences.

Closely related to fairness is equality. Human beings should be treated equally unless some relevant difference between them is demonstrated. Moreover, a claim of injustice based on inequality of treatment puts the burden of justifying the inequality on whoever is carrying out or supporting the unequal treatment. This principle cannot however, be pushed to an extreme because most people recognize that no two people or cases are exactly the same, and some differences in treatment of people and cases is inevitable. Nevertheless, any egregious or obvious unequal treatment generally is regarded as unjust.

Equality is closely related to the notion of desert, of each person getting what he or she deserves. Specifying what each person deserves is difficult and perhaps impossible, but any treatment that deviates in an obvious way from the principle of desert is unjust.

Virtue or results?

We speak both of a just (or unjust) punishment, and of the just (or unjust) judge who imposed it. But which of these senses is more fundamental? Justice has been thought, primarily, the morally right assignment of good and bad things (including wealth, power, reward, respect and punishment); alternatively, it has been thought the virtue of a person who expresses or acts for that right assignment. Either actions are just because a just person does them, or a person is just because they do just things. The twentieth-century moral philosopher Elizabeth Anscombe influentially argued that modern philosophy had gone wrong in focusing on actions and their results over the character of actors. Thus she, along with others, inspired modern virtue ethics, which follows Aristotle in considering justice as one of the virtues of a good person, and only indirectly as a property of a state of affairs.[4]

Understandings of justice

It has already been noted that justice is distinguished from other ethical standards as required and as overwhelmingly important: Justice can be thought of as distinct from, and more important than, benevolence, charity, mercy, generosity or compassion. All of these things may be valuable, but they are generally understood as being supererogatory rather than required. We need to know more than this: we need to know what justice is, not merely what it is not, and several answers to that problem have been proposed.

Justice is linked, both etymologically and conceptually, to the idea of justification: having and giving decisive reasons for one’s beliefs and actions. So, attempts to understand justice are typically attempts to discover the justification—the source or basis—of justice, and therefore to account for (or disprove) its overwhelming importance.

Justice as harmony

In his dialogue Republic, Plato uses the character of Socrates to argue for a single account of justice which covers both the just person and the just city-state. Justice is a proper, harmonious relationship between the warring parts of the person or city. A person’s soul has three parts—reason, spirit and desire—and the just person is the one in whom reason commands the other two and each keeps to its task. Similarly, a city has three parts—lovers of wisdom, soldiers and workers—and the just city is the one in which the lovers of wisdom rule the other two, and in which everyone sticks to his or her own, appropriate tasks. Socrates uses the parable of the chariot to illustrate his point: a chariot works as a whole because the two horses’ power is directed by the charioteer. Lovers of wisdom—philosophers, in one sense of the term—should rule because only they understand what is good. If one is ill, one goes to a doctor rather than a quack, because the doctor is expert in the subject of health. Similarly, one should trust one’s city to an expert in the subject of the good, not to a mere politician who tries to gain power by giving people what they want, rather than what’s good for them. Socrates uses the parable of the ship to illustrate this point: the unjust city is like a ship in open ocean, crewed by a powerful but drunken captain (the common people), a group of untrustworthy advisors who try to manipulate the captain into giving them power over the ship’s course (the politicians), and a navigator (the philosopher) who is the only one who knows how to get the ship to port. For Socrates, the only way the ship will reach its destination—the good—is if the navigator takes charge.[5]

Justice as divine command

Advocates of divine command theory argue that justice, and indeed the whole of morality, is the authoritative command of a deity or deities, for instance, the Christian or Jewish or Islamic God. Murder is wrong and must be punished, for instance, because, and only because, God commands that it be so.

A common response to Divine Command Theory is the Euthyphro dilemma, which asks: is what is right right because it is commanded by God, or does God command what is in fact morally right? If the former, then justice is arbitrary; if the latter, then morality exists on a higher order than God, and God’s commands and will are subject to a higher authority and may be wrong or even evil.

Divine command advocates have the option of responding by claiming that the dilemma is false: goodness is the very nature of God and is necessarily expressed in his commands. But critics of divine command theory reply in ways that seem to be devastating to divine command theory: this claim that «goodness is the very nature of God» cannot be established by fiat or by definition; moreover one can always ask, «is God really good by his very nature?» and our ability to ask what is a non self-contradictory question shows that the claim embodied in the question is not necessarily true. Moreover, there are numerous competing claims about what God commands or requires, thus resorting to divine command theory does not, in practice, aid us much in determining what is just or good.

Justice as natural law

For advocates of the theory that justice is part of natural law, it involves the system of consequences which naturally derives from any action or choice. In this, it is similar to the laws of physics: in the same way as the Third of Newton’s laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc., are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice.

Natural law theory, however, crumbles on the observation that not just anything in nature results in a law for human action; some things occurring in nature cannot be good norms for humans, and some things that do not occur in nature seem to be perfectly acceptable human practices or activities. For example, some fish eat their young, poisonous snakes kill humans, and the strong prey on the weak. Moreover, no animals cook their food in stainless steel containers over electric coils. So some selection must be made about which natural «laws» or principles or activities are applicable as norms for human life and justice, and making that selection cannot be done just by appeal to natural law, so natural law by itself cannot establish norms for human justice or ethics.

Justice as human creation

In contrast to the understandings canvassed so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with the fundamental division being between those who argue that justice is the creation of some humans, and those who argue that it is the creation of all humans.

Injustice by Giotto di Bondone

According to thinkers including Thomas Hobbes, justice is created by public, enforceable, authoritative rules, and injustice is whatever those rules forbid, regardless of their relation to morality. Justice is created, not merely described or approximated, by the command of an absolute sovereign power. This position has some similarities with divine command theory (see above), with the difference that the state (or other authority) replaces God. But this theory cannot be correct because we know of many historical examples of states and sovereign powers establishing laws or commands that were manifestly unjust.

Justice as mutual agreement

According to thinkers in the social contract tradition, justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias. This view is considered further below, under ‘Justice as fairness’.

Justice as less important than we think

According to utilitarian thinkers including John Stuart Mill, justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness, which is consequentialism: what is right is what has the best consequences (usually measured by the total or average welfare caused). So, the proper principles of justice are those which tend to have the best consequences. These rules may turn out to be familiar ones such as keeping contracts; but equally, they may not, depending on the facts about real consequences. Either way, what is important is those consequences, and justice is important, if at all, only as derived from that fundamental standard. Mill tries to explain our mistaken belief that justice is overwhelmingly important by arguing that it derives from two natural human tendencies: our desire to retaliate against those who hurt us, and our ability to put ourselves imaginatively in another’s place. So, when we see someone harmed, we project ourselves into his situation and feel a desire to retaliate on his behalf. If this process is the source of our feelings about justice, that ought to undermine our confidence in them.[6]

Eternal justice

In Human, All Too Human, philosopher Friedrich Nietzsche dismantles the notion that ‘the world’ treats everyone fairly:

«One common false conclusion is that because someone is truthful and upright toward us he is speaking the truth. Thus the child believes his parents` judgments, the Christian believes the claims of the church`s founders. Likewise, people do not want to admit that all those things which men have defended with the sacrifice of their lives and happiness in earlier centuries were nothing but errors. Perhaps one calls them levels of truth. Basically, however, one thinks that if someone honestly believed in something and fought for his belief and died it would be too unfair if he had actually been inspired by a mere error. Such an occurrence seems to contradict eternal justice. Therefore the hearts of sensitive men always decree in opposition to their heads that there must be a necessary connection between moral actions and intellectual insights. Unfortunately, it is otherwise, for there is no eternal justice.»

Distributive Justice

Allegory or The Triumph of Justice by Hans von Aachen

Distributive justice is concerned with the proper or right or fair distribution of both the rewards and the costs—wealth, power, reward, respect, taxes, the costs of an enterprise—between different people or groups (if groups are being considered).

Theories of distributive justice

Theories of distributive justice need to answer three questions:

  1. What goods are to be distributed? Is it to be wealth, power, respect, or something else, some combination of these things? Are the costs of whatever is under consideration also to be distributed?
  2. Between what entities are they to be distributed? Humans, sentient beings, the members of a single society, nations? Should non-human animals too be considered as having rights and as subjects of just or unjust treatment? If so, which ones, and under what circumstances?
  3. What is the proper distribution? Equal, meritocratic, according to social status, according to need, or some other principle?

At least six possible principles or schemes of distribution might be used:

1. To each an equal share. Each person should receive an equal amount of the rewards, or be assigned an equal amount of the costs, of an enterprise. Thus each person would get or be assessed the same amount, regardless of that person’s work, responsibility, or contribution.
2. To each according to individual need. Thus whoever was allocating pay or other benefits would ascertain the needs of every participant, considering such things as family size, indebtedness, need for school tuition, medical situation, etc. and then give out pay or rewards according to need.
3. To each according to individual effort. By this principle employees or participants in an enterprise would be rewarded according to the effort they put into the enterprise. This takes no account of result, so a person producing an excellent result with little effort would receive less than the person producing a poor result who have nevertheless put a great deal of effort into it.
4. To each according to social contribution. This principle would allocate pay or other rewards according to the degree to which the given individual aids the welfare of society.
5. Winner take all. By this principle, one person (or group) would be declared the winner of a contest, election, or whatever, and would receive all the benefits, with none going to other participants.
6. To each according to merit. According to this principle, people or groups would be paid, rewarded, hired or fired, promoted, or otherwise dealt with according to their merit. Note, however, that merit means different things to different people. In an egalitarian context it means the individual and his/her merit and achievement. In a hierarchical or royalist or class system, however, merit is determined by position in the hierarchy or royal order or class. We should note that present-day business organizations are usually hierarchical in organization, with those higher in the hierarchy receiving more just by virtue of their position, regardless of their effort or result.

Egalitarianism

According to the egalitarian, goods should be distributed equally. This basic view can be elaborated in many different ways, according to what goods are to be distributed, such as wealth, respect, or opportunity, and what they are to be distributed equally between—individuals, families, nations, races, species. Commonly-held egalitarian positions include demands for equality of opportunity and for equality of outcome.

Giving people what they deserve

In one sense, all theories of distributive justice claim that everyone should get what he or she deserves. Where they diverge is in disagreeing about the basis of desert. The main distinction is between, on one hand, theories which argue that the basis of just desert is something held equally by everyone and therefore derive egalitarian accounts of distributive justice; and, on the other hand, theories which argue that the basis of just desert is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice according to which some should have more than others. This section deals with some popular theories of the second type.

According to meritocratic theories, goods, especially wealth and social status, should be distributed to match individual merit, which is usually understood as some combination of talent and hard work. According to needs-based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals’ basic needs for them. Marxism can be regarded as a needs-based theory on some readings of Marx’s slogan, ‘From each according to his ability, to each according to his needs’.[7] According to contribution-based theories, goods should be distributed to match an individual’s contribution to the overall social good.

Fairness

In his A Theory of Justice, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness: an impartial distribution of goods. Rawls asks us to imagine ourselves behind a veil of ignorance which denies us all knowledge of our personalities, social statuses, moral characters, wealth, talents and lifeplans, and then asks what theory of justice we would choose to govern our society when the veil is lifted, if we wanted to do the best that we could for ourselves. We don’t know who in particular we are, and therefore can’t bias the decision in our own favour. So, the decision-in-ignorance models fairness, because it excludes selfish bias. Rawls argues that each of us would reject the utilitarian theory of justice that we should maximize welfare (see below) because of the risk that we might turn out to be someone whose own good is sacrificed for greater benefits for others. Instead, we would endorse Rawls’s two principles of justice:

1. Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.
2. Social and economic inequalities are to be arranged so that they are both

a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and
b) attached to offices and positions open to all under conditions of fair equality of opportunity.[8]

This imagined choice justifies these principles as the principles of justice for us, because we would agree to them in a fair decision procedure. Rawls’s theory distinguishes two kinds of goods – (1) liberties and (2) social and economic goods, i.e. wealth, income and power – and applies different distributions to them – equality between citizens for (1), equality unless inequality improves the position of the worst off for (2).

Having the right history

Robert Nozick’s influential libertarian critique of Rawls argues that distributive justice is not a matter of the whole distribution matching an ideal pattern, but of each individual entitlement having been based on rights of ownership—Nozick calls these «Lockean rights.» It is just that a person has some good (especially, some property right) if and only if he or she came to have it by a history made up entirely of events of two kinds:

1. Just acquisition, especially by working to create or achieve ownership; and
2. Just transfer, that is free gift, sale or other agreement, but not theft.

If the chain of events leading up to the person having something meets this criterion, then he or she is entitled to it; it is just that he or she possesses it, and what anyone else has, or does not have, or needs, is irrelevant.

On the basis of this theory of distributive justice, Nozick argues that all attempts to redistribute goods according to an ideal pattern, without the consent of the owners of those goods, are theft. In particular, redistributive taxation is theft.

Further information: Anarchy, State, and Utopia, Economic libertarianism

Welfare-maximization

According to the utilitarian, justice requires the maximization of the total or average welfare across all relevant individuals. This may require sacrifice of some for the good of others, so long as everyone’s good is taken impartially into account. Utilitarianism, in general, argues that the standard of justification for actions, institutions, or the whole world, is impartial welfare consequentialism, and only indirectly, if at all, to do with rights, property, need, or any other non-utilitarian criterion. These other criteria might be indirectly important, to the extent that human welfare involves them. But even then, such demands as human rights would only be elements in the calculation of overall welfare, not uncrossable barriers to action.

Retributive Justice

Retributive justice is concerned with the proper response to wrongdoing. So, for instance, the lex talionis (law of retaliation) is a theory of retributive justice which says that the proper punishment is equal to the wrong suffered: «life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.»[9]

Theories of retributive justice are concerned with punishment for wrongdoing, and need to answer three questions:

  1. why punish?
  2. who should be punished?
  3. what punishment should they receive?

This section considers the two major accounts of retributive justice, and their answers to these questions. Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment.

Utilitarianism

According to the utilitarian, as already noted, justice requires the maximization of the total or average welfare across all relevant individuals. Punishment is bad treatment of someone, and therefore can’t be good in itself, for the utilitarian. But punishment might be a necessary sacrifice which maximizes the overall good in the long term, in one or more of three ways:

  1. Deterrence. The credible threat of punishment might lead people to make different choices; well-designed threats might lead people to make choices which maximize welfare.
  2. Rehabilitation. Punishment might make bad people into better ones. For the utilitarian, all that ‘bad person’ can mean is ‘person who’s likely to cause bad things (like suffering)’. So, utilitarianism could recommend punishment which changes someone such that he or she is less likely to cause bad things.
  3. Security. Perhaps there are people who are irredeemable causers of bad things. If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm.

So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. Worryingly, this may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall (perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance). It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has.[10]

Retributivism

The retributivist will think the utilitarian’s argument disastrously mistaken. If someone does something wrong, we must respond to it, and to him or her, as an individual, not as a part of a calculation of overall welfare. To do otherwise is to disrespect him or her as an individual human being. If the crime had victims, it is to disrespect them, too. Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished. Retributivism emphasises retribution – payback – rather than maximization of welfare. Like the theory of distributive justice as giving everyone what she deserves (see above), it links justice with desert. It says that all guilty people, and only guilty people, deserve appropriate punishment. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. However, it is sometimes argued that retributivism is merely revenge in disguise.[11]

Institutions

In an imperfect world, institutions are required to instantiate ideals of justice, however imperfectly. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards — consider the institution of slavery. Justice is an ideal which the world fails to live up to, sometimes despite good intentions, sometimes disastrously. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal theorists and by philosophers of law.

See also

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Wikiquote has a collection of quotations related to:

  • Criminal justice
  • Distributive justice
  • Ethics
  • Global justice
  • Just war
  • Justice (economics)
  • Morality
  • Retributive justice
  • Social justice
  • Teaching for social justice
  • Environmental justice

Notes

  1. John Rawls. A Theory of Justice, revised ed. (Oxford: Oxford Univ. Press, 1999), 3
  2. Thomas Nagel, «The Problem of Global Justice.» Philosophy and Public Affairs 33 (2005): 113-147. 113.
  3. Brian Barry. Theories of Justice. (Berkeley: University of California Press, 1989), xiii.
  4. Elizabeth Anscombe, «Modern Moral Philosophy.» Philosophy 33(1958): 1-19. See further Alasdair MacIntyre. After Virtue, 2nd ed. (London: Duckworth, 1985); Onora O’Neill. Towards Justice and Virtue. (Cambridge: Cambridge Univ. Press, 1996), chapter 1.
  5. Plato, Republic, trans. Robin Waterfield (Oxford: Oxford University Press, 1984).
  6. John Stuart Mill, «Utilitarianism» in On Liberty and Other Essays, ed. John Gray (Oxford: OUP, 1991), Chapter 5.
  7. Karl Marx, «Critique of the Gotha Program» in Karl Marx: Selected writings, ed. David McLellan (Oxford: OUP, 1977): 564-570, 569.
  8. John Rawls, A Theory of Justice, revised ed. (Oxford: OUP, 1999), 266.
  9. Exodus 21.xxiii-xxv. Retrieved October 21, 2007.
  10. C. L. Ten, «Crime and Punishment» in Peter Singer ed., A Companion to Ethics. (Oxford: Blackwell, 1993): 366-372.
  11. Ted Honderich. Punishment: The supposed justifications. (London: Hutchinson & Co., 1969), Chapter 1.

Bibliography and further reading

  • Anscombe, Elizabeth. «Modern Moral Philosophy.» Philosophy 33(1958): 1-19. * Barry, Brian. Theories of Justice. Berkeley: University of California Press, 1989. ISBN 0520038665
  • Brighouse, Harry. Justice. Malden, MA: Polity, 2004. ISBN 0745625959
  • Duff, Anthony & David Garland, eds., A Reader on Punishment. Oxford and New York: Oxford University Press, 1994. ISBN 0198763522
  • Farrelly, Colin. An Introduction to Contemporary Political Theory. London, UK & Thousand Oaks, CA: Sage Publications, 2004. ISBN 0761949070
  • Gauthier, David. Morals By Agreement. Oxford: Clarendon Press; New York: Oxford University Press, 1986. ISBN 019824746X
  • Goodin, Robert E. & Philip Pettit, eds., Contemporary Political Philosophy: An Anthology, 2nd Ed., Malden, MA: Blackwell, 2006. ISBN 1405130644
  • Honderich, Ted. Punishment: The Supposed Justifications Revisited. Ann Arbor, MI: Pluto Press, 2006. ISBN 0745321313
  • Kymlicka, Will. Contemporary Political Philosophy: An introduction, 2nd Ed., Oxford & New York: Oxford University Press, 2002. ISBN 0198782748
  • Lacey, Nicola. State Punishment. London & New York: Routledge, 2002. [Electronic resource, elibrary] ISBN 0203046064
  • MacIntyre, Alasdair. After Virtue, 2nd ed. London: Duckworth, 1985.
  • Mill, John Stuart. «Utilitarianism» in On Liberty and Other Essays, ed. John Gray, Oxford & New York: Oxford University Press, 1998. ISBN 0192833847
  • Nozick, Robert. Anarchy, State, and Utopia. (Reprint of 1974 ed. with a new forward), New York: Basic Books/Perseus Pub. Group, 2006. ISBN 0465051006
  • O’Neill, Onora. Towards Justice and Virtue. Cambridge: Cambridge Univ. Press, 1996.
  • Plato, Republic, Ed. with introduction, notes and vocabulary by D.J. Allan, London: Bristol Classical Press, 1993. ISBN 1853992542
  • Rawls, John. A Theory of Justice, Rev. Ed., Cambridge, MA: Belknap Press of Harvard University Press, 1999. ISBN 0674000773
  • Schmidtz, David. Elements of Justice. Cambridge & New York: Cambridge University Press, 2006. ISBN 0521539366
  • Singer, Peter, ed., A Companion to Ethics. Oxford, UK & Malden, MA: Blackwell, 2001. ISBN 0631187855
  • Ten, C.L. Crime, Guilt, and Punishment: A philosophical introduction. Oxford: Clarendon Press; New York: Oxford University Press, 1987. ISBN 019875082X

External links

All links retrieved October 4, 2022.

  • Stanford Encyclopedia of Philosophy entries:
    • Distributive justice
    • Justice as a virtue

General Philosophy Sources

  • Stanford Encyclopedia of Philosophy.
  • The Internet Encyclopedia of Philosophy.
  • Paideia Project Online.
  • Project Gutenberg.
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When pondering the term justice, what comes to mind? 

Do you conjure up images of Lady Justice — also commonly known as Justinia — or Themis, the Greek Goddess of Justice? Or perhaps you think about ethics, fairness, and equality. Maybe you have not the slightest clue as to what the term justice means. Worry not, though, because we’re here to help.

In this post, we’re exploring the term justice to clear up any confusion you may have about its definition. By the end of this article, you should have a clear understanding of the meaning behind the word justice and feel comfortable using it in a sentence. Are you ready? 

Let’s get started! 

What Does Justice Mean?

To truly understand what the term justice means, it can be helpful to review more than one definition. Below, you’ll discover the definitions provided by three well-known and trusted sources:

  •  The Cambridge Dictionary defines justice as fairness in the way people are dealt with. 
  • According to the Cornell Law School’s Legal Information Institute, justice is the ethical, philosophical idea that everyone is to be treated impartially, properly, fairly, and reasonably by the law.  
  • The Oxford English Dictionary says the word justice is a noun that refers to just behavior or treatment. 

After reviewing the definitions listed above, we can conclude that justice is the quality of being just, fair, and reasonable. 

What Is the Origin of Justice?

Believe it or not, the English word justice is over 860 years old. Yup, it’s true; derived from justitia — an Old French word that descended from Latin to mean “righteousness” and “equity,” from iustus “just” and ius “right” — justice meant uprightness, equity, vindication of right, court of justice, and judge. 

By late Old English, justice was commonly used to describe the judicial administration of law or equity. It also described those administering the law in addition to those working in the judicial assembly and court of justice — especially a judge presiding over or belonging to one of the superior courts.    

During the 16th century, the word justice became personified when it was the name given to a beautiful goddess portrayed in paintings holding balanced scales and a sword. Justice appeared blindfolded to symbolize the impartiality of true justice. 

What Are the Synonyms and Antonyms of Justice?

To better your understanding of a term, it can be helpful to discover its synonyms and antonyms. Synonyms are words that have the same or nearly the same meaning as another word. In contrast, anonyms are words that have the opposite meaning of another word. 

Defined as the quality of being just, synonyms of justice include:

  • Fairness
  • Equity
  • Integrity
  • Honesty
  • Decency
  • Impartiality
  • Uprightness
  • Justness
  • Right
  • Reasonableness
  • Rightfulness
  • Natural virtue
  • Even-handedness
  • Egalitarianism
  • Neutrality
  • Non-partisanship

Antonyms of justice include:

  • Wrong 
  • Injustice
  • Dishonesty
  • Favoritism
  • Unfairness
  • Partiality
  • Unreasonableness
  • Unlawfulness
  • Inequity

The Word “Justice” in Example Sentences

Now that you understand what justice means, let’s take a look at a few examples of this word in a sentence:

Did you know that a new Supreme Court justice is getting picked next week?

Do you view capital punishment as a type of justice or means of revenge?

Mr. Justice Smith currently presided over the appellate court.

She appointed a new chief justice and initiated prosecution of the old one.

Were you aware that early theories of justice were set out by the Ancient Greek philosopher Plato?

Perhaps justice would be better served if the shoplifter worked for the owner of the store he stole from.

If you ask me, justice is an important element of good government.

The victim’s family is crying for justice.

Did you know that John Rawls used a social contract theory to say that justice is a form of fairness?

Believe it or not, advocates of divine command theory argue that justice issues from God.

The killers will be brought to justice.

The Federal Bureau of Prisons is basically just the law enforcement agency of the Justice Department.

John Locke was just one of many philosophers who believed justice derives from natural law.

Rooted in accountability and redress for victims, transitional justice recognizes their dignity as citizens and as human beings.

Social justice is concerned with equal rights for those of all social dimensions.

If you take advantage of his generosity, justice will be served!

Did you know that poetic justice is often used in literature?

Conclusion

So, what does justice mean, you ask?

Simply put, the term justice means to treat adequately, fairly, or with full appreciation. It is the ideal of fairness —especially with regard to the punishment of wrongdoing. In other words, justice is the judgment involved in the determination of rights and the assignment of rewards and punishments. 

Considered the first virtue of social institutions, justice is based on the best outcomes for the greatest number of people. That said, the term can also be used as a noun to refer to a public official (ex: judge) authorized to decide questions brought before a court of justice. 

We hope this guide has provided you with all of the information needed to understand the term justice. Check out our website to discover more interesting words, grammar tips, tools and more!

Sources:

  1. JUSTICE | Meaning & Definition for UK English | Lexico.com
  2. justice | Wex | US Law | LII / Legal Information Institute
  3. JUSTICE | Cambridge English Dictionary

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Kevin Miller is a growth marketer with an extensive background in Search Engine Optimization, paid acquisition and email marketing. He is also an online editor and writer based out of Los Angeles, CA. He studied at Georgetown University, worked at Google and became infatuated with English Grammar and for years has been diving into the language, demystifying the do’s and don’ts for all who share the same passion! He can be found online here.

What is the root of the word justice?

‘Justice’ was once ‘justitia’ an Old French word that descended from Latin to mean ‘righteousness and equity’. A similar word from the same Latin root was ‘justus’ meaning ‘upright, and just’. When ‘justitia’ was adopted into Old English it was extremely simplified.

When was the word justice first used?

12th century

What does the word justice mean in Greek?

Translations of Ancient Greek sources, especially those by Plato, usually translate the Greek word δίκη (dike) as ‘justice’. Instead, the Ancient Greek word dike means something like behaving in accordance with nature, or how your group normally behaves. …

What does the term justice mean?

Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes “deserving” being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality.

What is justice mean in the Bible?

“to make right

What is justice and why is it important?

Retributive justice seeks to punish wrongdoers objectively and proportionately. And procedural justice refers to implementing legal decisions in accordance with fair and unbiased processes. Justice is one of the most important moral values in the spheres of law and politics.

What are the 3 principles of justice?

The three principles that our justice system seeks to reflect are: equality, fairness and access.

How do we show justice in our daily life?

Here are some of the ways you can campaign for social justice in your everyday life:

  1. Don’t be afraid to think small—or big. Like us, you might be passionate about ending poverty—arguably one of the world’s biggest challenges.
  2. Learn about your cause.
  3. Reach out.
  4. Find—or create—solutions.
  5. Be persistent.

What are the 4 types of justice?

This article points out that there are four different types of justice: distributive (determining who gets what), procedural (determining how fairly people are treated), retributive (based on punishment for wrong-doing) and restorative (which tries to restore relationships to “rightness.”) All four of these are …

What is justice and moral rights?

Justice is about right relation to others as measured against the mores of society, while morality is about right relation to right itself, as measured against your own beliefs. The particulars, and the process of discovering and remedying injustice differ in each society, but the basic tenets are the same.

What are characteristics of justice?

Impartiality, Consistency, Standing, and Trust Principles of justice and fairness are also central to procedural, retributive, and restorative justice.

What is justice and its four elements?

The principle of justice could be described as the moral obligation to act on the basis of fair adjudication between competing claims. As such, it is linked to fairness, entitlement and equality. (2009) describe two elements of the principle of justice, namely equality and equity. …

Why is justice never the same for all?

Yes, it is rightly said that justice is never same for all, because of the selfish society. The fact is justice exists in the society but the corruption and the selfishness of the people either does not allow the person to get the justice or delays the justice which is also same as denying to give justice.

What role can justice play in our lives?

In fact there are two roles: Justice functions both in our epistemology, or how we form and justify our beliefs, as well as in practical morality, informing our private and public behavior. These ought to be entwined in our lives since we ought not only think in a fair and just manner but also act accordingly.

Which one of the following is a element of justice?

Recognition of individual talent is a fundamental element of justice, and unless those who possess the talent are willing to demonstrate its value and fight for its recognition, the justice of a society will remain stagnant.

What are the different kinds of concept of justice?

Thus, Justice has four major dimensions: Social Justice, Economic Justice, Political Justice and Legal Justice. All these forms are totally inter-related and interdependent. Justice is real only when it exists in all these four dimensions.

What’s another word for justice?

What is another word for justice?

righteousness decency
fair shake fairness
equity impartiality
truth virtuousness
truthfulness equitableness

What is an example of justice?

An example of justice is someone being set free from prison after dna evidence shows they are innocent. Justice includes the notion of upholding the law, as in the work of police, judges and the court. Many philosophers, theologians, sociologists and others define justice as the proper ordering of people and things.

What is the best definition of justice?

noun. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause. the maintenance or administration of what is just by law, as by judicial or other proceedings: a court of justice.

What is the legal definition of justice?

justice. n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.

How do you use the word justice?

CM 58317 This figure is supposed to represent Marilyn Monroe, but I don’t think it does her justice.

  1. [S] [T] I want justice. (
  2. [S] [T] I can’t do it justice. (
  3. [S] [T] You’re obstructing justice. (
  4. [S] [T] I want Tom brought to justice. (
  5. [S] [T] Tom did it out of a sense of justice. (
  6. [S] [T] We want justice. (

What is the formal definition of justice?

Formal justice is the impartial, consistent and strict application of established rules or laws; material justice concerns the justice or injustice of the content of rules or laws.

Why is justice closing?

Justice, the one-stop-shop for the cutest & most on-trend styles in tween girls’ clothing, is closing all of its retail stores after the holidays and switching to an online-only platform. We first shared the news of Justice closing most of its brick-and-mortar stores due to its parent company’s bankruptcy back in July.

What is the difference between a judge and a justice?

A judge is usually the one who presides over the lower courts while a justice is a member of the Supreme Court. Judges have law degrees and are already experienced lawyers. They have legal functions and are the ones who preside over legal proceedings such as court hearings and court cases.

What is a retired judge called?

Whether they are sitting as an arbitrator or a mediator, a retired judge should always be shown the respect of being referred to as “your honor” or “Judge ***(Last name). In briefs, they can simply be referred to as “the arbitrator” or “the mediator”.

Does justice mean judge?

The difference between Judge and Justice. When used as nouns, judge means a public official whose duty it is to administer the law, especially by presiding over trials and rendering judgments, whereas justice means the state or characteristic of being just or fair.

Why are they called justices and not judges?

They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge.

Can you call a judge Sir?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma’am.”

Why is a judge called Your Honor?

Why are judges addressed as “your honour”? Addressing the judge as “Your Honour” comes from ancient feudal practice. Your Honour was a formal address for anyone with a title (e.g. knight, baron, etc). This habit just became formalised over the years for judges (while dropped for the titled people).

How do you address a female judge?

Lord [or Lady] Justice Lovaduck.” You start the letter “Dear Lord/Lady Justice,” or simply “Dear Judge.” You address these as “My Lord” or “My Lady”.


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Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes «deserving» being impacted upon by numerous fields, with …

What is the true meaning of justice?

b(1) : the principle or ideal of just dealing or right action. (2) : conformity to this principle or ideal : righteousness the justice of their cause. c : the quality of conforming to law. 3 : conformity to truth, fact, or reason : correctness admitted that there was much justice in these observations— T. L. Peacock.

What is justice in simple words?

Justice is a concept on ethics and law that means that people behave in a way that is fair, equal and balanced for everyone.

How do you explain justice?

Justice is a concept of moral rightness based ethics, rationality, law, natural law, religion, equity and fairness, as well as the administration of the law, taking into account the inalienable and inborn rights of all human beings and citizens, the right of all people and individuals to equal protection before the law …

What are some examples of justice?

An example of justice is someone being set free from prison after dna evidence shows they are innocent. Justice includes the notion of upholding the law, as in the work of police, judges and the court. All races and religions include a definition of justice in their codes of law and conduct.

37 related questions found

What are the 4 types of justice?

This article points out that there are four different types of justice: distributive (determining who gets what), procedural (determining how fairly people are treated), retributive (based on punishment for wrong-doing) and restorative (which tries to restore relationships to «rightness.») All four of these are …

What are the 3 principles of justice?

The three principles that our justice system seeks to reflect are: equality, fairness and access. Equality is defined in the dictionary as ‘the state of being equal, especially in status, rights, or opportunities.

What is justice and why is it important?

Justice is the most important and most discussed objective of the State, and Society. It is the basis of orderly human living. Justice demands the regulation of selfish actions of people for securing a fair distribution, equal treatment of equals, and proportionate and just rewards for all.

What is the role of justice?

The justice sector plays a role in providing security by upholding the rule of law, but it also plays a role in democratic oversight of the security sector by holding security personnel and the state to account before the law.

How do we show justice in our daily life?

Here are some of the ways you can campaign for social justice in your everyday life:

  1. Don’t be afraid to think small—or big. Like us, you might be passionate about ending poverty—arguably one of the world’s biggest challenges. …
  2. Learn about your cause. …
  3. Reach out. …
  4. Find—or create—solutions. …
  5. Be persistent.

What is justice in your own words?

noun. the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause. rightfulness or lawfulness, as of a claim or title; justness of ground or reason: to complain with justice. the moral principle determining just conduct.

What is justice and its types?

Thus, Justice has four major dimensions: Social Justice, Economic Justice, Political Justice and Legal Justice. All these forms are totally inter-related and interdependent. Justice is real only when it exists in all these four dimensions.

What is justice and its four elements?

The principle of justice could be described as the moral obligation to act on the basis of fair adjudication between competing claims. As such, it is linked to fairness, entitlement and equality. (2009) describe two elements of the principle of justice, namely equality and equity. …

Is justice good or bad?

Aristotle described ‘poetic justice’ as being “pain felt at either good or bad fortune if undeserved, or to joy felt at them if deserved”. In other words, justice is feeling good and bad at appropriate moments. But it is also possible to feel these feelings at the wrong time.

What does God say about justice?

Learn to do good; seek justice, correct oppression; bring justice to the fatherless, and please the widow’s cause,” (Isaiah 1:17). “He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” (Micah 6:8).

What is the legal definition of justice?

1) The ethical, philosophical idea that people are to be treated impartially, fairly, properly, and reasonably by the law and by arbiters of the law, that laws are to ensure that no harm befalls another, and that, where harm is alleged, both the accuser and the accused receive a morally right consequence merited by …

What is the role of justice in society?

Social justice promotes fairness and equity across many aspects of society. For example, it promotes equal economic, educational and workplace opportunities. It’s also important to the safety and security of individuals and communities.

Why is justice an important value?

Retributive justice seeks to punish wrongdoers objectively and proportionately. And procedural justice refers to implementing legal decisions in accordance with fair and unbiased processes. Justice is one of the most important moral values in the spheres of law and politics.

What is justice and moral rights?

Justice is about right relation to others as measured against the mores of society, while morality is about right relation to right itself, as measured against your own beliefs. … The particulars, and the process of discovering and remedying injustice differ in each society, but the basic tenets are the same.

Why is justice the most important virtue?

Justice is closely related, in Christianity, to the practice of Charity (virtue) because it regulates the relationships with others. It is a cardinal virtue, which is to say that it is «pivotal», because it regulates all such relationships, and is sometimes deemed the most important of the cardinal virtues.

What are the two principles of justice Rawls?

Finally, Rawls ranked his principles of social justice in the order of their priority. The First Principle («basic liberties») holds priority over the Second Principle. The first part of the Second Principle («fair equality of opportunity») holds priority over the second part (Difference Principle).

Does justice mean fairness?

While justice usually has been used with reference to a standard of rightness, fairness often has been used with regard to an ability to judge without reference to one’s feelings or interests; fairness has also been used to refer to the ability to make judgments that are not overly general but that are concrete and …

What is justice according to Rawls?

John Rawls (b. 1921, d. 2002) was an American political philosopher in the liberal tradition. His theory of justice as fairness describes a society of free citizens holding equal basic rights and cooperating within an egalitarian economic system.

What is moral justice?

Justice is regarded as the greatest and most fundamental moral virtue, overarching and taking precedence over all others. … Justice is derived from a Latin word «jus» meaning right or law. It therefore follows that a just person obeys the law (lawful) and does what is right (morally, ethically).

Table of Contents

  1. What is justice with example?
  2. What does the word justice mean?
  3. What is an example of injustice today?
  4. Why is an act of injustice an eye opener?
  5. How do you use eye opening in a sentence?
  6. How do you show justice?
  7. How does God define justice?
  8. Do we need justice?
  9. What’s another word for justice?
  10. What is the opposite word of justice?
  11. How do you describe someone with justice?
  12. What is the word for lack of justice?
  13. What does Alcalde mean?
  14. Does any justice mean?
  15. Does justice in a sentence?
  16. Does not do its justice?

The definition of justice is the use of power as appointed by law, honor or standards to support fair treatment and due reward. An example of justice is someone being set free from prison after dna evidence shows they are innocent.

What does the word justice mean?

the quality of being just; righteousness, equitableness, or moral rightness: to uphold the justice of a cause. rightfulness or lawfulness, as of a claim or title; justness of ground or reason:to complain with justice.

What is an example of injustice today?

Three common examples of social injustice include: discrimination, ageism and homophobia.” According to Quora.com, “Social injustice issues would be things like unfair labor practices, racial discrimination, discrimination due to gender, orientation, ethnicity, age.

Why is an act of injustice an eye opener?

The act of injustice is an eye opener for the people of a nation because when they see that an act of injustice is done, then they discover the faults of the leaders. Then the people will start to question the authority of the leader and ask themselves whether the leader is plain inefficient or actually corrupt.

How do you use eye opening in a sentence?

(1) In numbers alone, the culture gap is eye-opening. (2) Confrontation with the two envoys is very eye-opening. (3) Following these eye-opening experiences, I began to notice a disquieting change in my personality. (4) It was eye-opening for me.

How do you show justice?

Teaching Guide: Fairness

  1. Take Turns.
  2. Tell the truth.
  3. Play by the rules.
  4. Think about how your actions will affect others.
  5. Listen to people with an open mind.
  6. Don’t blame others for your mistakes.
  7. Don’t take advantage of other people.
  8. Don’t play favorites.

How does God define justice?

Biblical references to the word “justice” mean “to make right.” Justice is, first and foremost, a relational term — people living in right relationship with God, one another, and the natural creation. As God is just and loving, so we are called to do justice and live in love.

Do we need justice?

Justice means giving each person what he or she deserves or, in more traditional terms, giving each person his or her due. When such conflicts arise in our society, we need principles of justice that we can all accept as reasonable and fair standards for determining what people deserve.

What’s another word for justice?

What is another word for justice?

righteousness decency
fair shake fairness
equity impartiality
truth virtuousness
truthfulness equitableness

What is the opposite word of justice?

injustice Add to list Share. The word comes from a Latin phrase that literally means “not right,” and injustice is the opposite of justice, which is a fair and righteous act.

How do you describe someone with justice?

Here are some adjectives for justice: equal and exact, calm, even-handed, satisfying divine, white-haired, improbable, same even-handed, rigid and speedy, rigid and expeditious, appeal, chief, scrupulous and unselfish, expeditious and secret, tardy and negative, homogeneous indisputable, grave and worshipful, startling …

What is the word for lack of justice?

inequity. A lack of justice; injustice.

What does Alcalde mean?

: the chief administrative and judicial officer or the mayor of a town in a Spanish-speaking country or region.

Does any justice mean?

: to treat or show (something or someone) in a way that is as good as it should be Words could never do justice to her beauty. The movie does not do justice to the book.

Does justice in a sentence?

To do justice to her beauty, you should photograph her in nature; not in a studio. You have not stated your case clearly enough, therefore you have not done justice to the facts. This picture doesn’t do justice to the way it looks in real life. You have to be there to truly appreciate the beauty of the place.

Does not do its justice?

When a description, a photograph, or a recording of something isn’t as great as the original, you can say “it doesn’t do it justice”. You can say “it doesn’t do it justice” about things like: a joke that was originally very funny, but you re-told it incorrectly.

Definition of the Concept:

The concept of justice is as old as the political science or political theory is and at the same time it is a vexed and controversial topic of political science. The political philosophers beginning from Plato (427 BC-347 BC) right up to the twenty-first century, the theory has been defined in various ways.

The dictionary meanings or definitions are the following: Justice means just behaviour or treatment or the administration of law or authority in maintaining this. But this laconic definition fails to clarify the exact idea it carries. Oxford Concise Dictionary of Politics defines justice as the existence of a proper balance. Even this definition is still unsatisfactory. Proper balance between what elements or what sectors?

An acceptable definition we find in Norman Barry’s An Introduction to Modern Political Theory. Barry observes: In ordinary speech generally we talk of justice and injustice where the words do not refer to the desirability or otherwise of the state of affairs or particular income and wealth distributions but to the rules and procedures that characterise social practices and which are applied to the action of individuals who participate in those practices.

In this conception justice is normally seen to be a property of individuals. Barry’s definition, strictly speaking, is not a definition it is an explanation of the concept. He is of opinion that it is a property of the individuals. But we hold the view that it is not simply the property of individuals but also a property of state or society. It is because very often justice is regarded as the symbol of state and it is the primary responsibility of state to ensure justice. F

So in commonsense the term denotes appropriateness or fairness or proper balance. Opportunities and rewards or privileges will be distributed in such manner as will not give rise to any controversy or dissatisfaction. Everyone will accept the arrangement or rearrangement as just or proper or appropriate or fair. We here use a cluster of words simply to signify that the concept is variously used.

In another definition we find the following:

“Justice is the morally justifiable apportionment of rewards or punishments, each person being given what he or she is due.” Here the concept has been used in moral sense. That is justice is a moral idea or concept.

It is also associated with another meaning. Justice means to pay a man his due share. Though the word due is quite significant, it is full of ambiguities. What is due for one, the same may not be so to other. He may think that it is less than due and in this way the word due is bound to create controversy.

Justice implies, not to deprive an individual of his legitimate share of anything which may be wealth income privileges, opportunities etc. When deprivation occurs he may object and say that injustice has been meted out to him. The Greek philosopher Plato meant the term in this sense. He believed that in his ideal state none will feel any sort of deprivation everyone will be paid his due share.

If any type of deprivation happens to occur the state cannot be ideal. Hence we can say that according to Plato one of the important elements of ideal state is justice and the philosopher king must strive to realise justice.

Problems of Justice:

The concept of justice is not only controversial but also number of problems is associated with it. It may justifiably be observed that justice is to some extent the will-o-the wisp. It is something which cannot be achieved very comfortably but at the same time the attempts to achieve it cannot be abandoned.

1. Some people argue that redistribution of income and wealth is a grand way to achieve justice. But what are the criteria which will decide the redistribution of income and wealth? There are many problems which have intrigued this issue.

2. Again the very concept of justice is highly problematic because it is individualistic in nature. What a man calls just another man may call the something unjust and both may have arguments with certain amount of validity.

3. In recent year’s large number of people are obsessed with the concept of social justice Particularly after the Second World War people are thinking seriously about the attainment of social justice because it is the only way of ensuring justice in all the spheres of society. Problem is how it is to be realised? Some people think that the redistribution of income and wealth is the best way to achieve social justice. But we have already noted that this redistribution is not an easy task.

4. A good number of academics have argued that while considering or planning the redistribution of income or wealth, desert, merit and need are to be selected as criteria. But analyses of these criteria are again not above criticism. An evaluation about all these criteria varies from person to person and it is very difficult to arrive at a conclusion.

5. To remove injustice through the redistribution of income and wealth it is necessary that the state should play a dominating as well as positive role. But the interference of state in the arena of attainment of social justice inflames heated controversy. Particularly the protagonists of liberalism are not prepared to give their approval in favour of state interference. They argue that it will definitely encroach upon the freedom of individuals.

6. Some people are habituated to think of justice and equality within the same bracket. In other words, they feel that without equality there cannot exist justice. But the idea of equality is again a complex notion and .its association with justice has complicated both the concepts.

7. It has been asserted by many that through the implementation of a policy to punish the vice and reward the virtue a just society can be established. Here again the problem is who will determine what is vice and what is virtue? There are no universal criteria to determine vice and virtue.

It has been apprehended that tor the realisation of this it is essential that the state should convert itself into a police state. This is not appreciated by many. So what remains is that though justice is a highly desirable concept, it is still the will-o-the wisp.

Finally, we hold the view that not-with standing the fact that justice is a highly appreciated and covetable concept, and attempts are constantly being made to achieve justice, no society whatever may its stage of civilisation and development be, can claim that it has succeeded in establishing justice.

Nature of Justice:

1. It is not an easy task to present a brief exposition of the features of justice and in spite of this problem; we make an humble attempt to point out nature of justice. Since the days of Aristotle it has been held that the most rudimentary feature of justice is equals will be treated equally and un-equals will be unequally treated. Between these two groups there shall exist proportion.

Equals and un-equals should be grouped separately. It has been asserted that the un-equals and equals should not be grouped in the same bracket. If we do so we shall do in justice to both equals and un-equals. Less qualified and less, eligible persons cannot claim same benefits with eligible and qualified persons. If this system prevails in any society justice can never be its feature.

2. Behind the announcement’ of the above principle there exits the idea of rationality. It is generally irrational to give due share to a person who is not eligible. The theory of rationality and theory of justice are closely linked with each other. In practice the rationality and justice cannot be exclusively differentiated.

Though justice, according to Ernest Barker, is a social reality, its link with political science and to some extent philosophy cannot be denied. Political scientists are however mainly concerned with justice because of the reason that realisation of justice is possible through the machinery of state and this happens to be of the subject of political scientists.

3. We have pointed out in this section that differences are to be considered duly and actively while persons are brought under consideration for awarding privileges and opportunities. But the problem is on what counts differences are to be considered? There are differences among men regarding race, sex, religion. But the differences on these counts are not to be thought and they are not relevant for granting civil and political rights.

4. Some theorists have attempted to find out the relation between justice and equality. It has been claimed that for the sake of justice authority must make serious efforts to establish equality and when it will be possible justice comes to be a reality. But Norman Barry argues that the relationship between justice and equality is a hotly disputed matter.

The relationship between justices has been elaborately analysed by many and among them the prominent figure is Rawls. His main thesis of justice is primarily concerned with how equality and inequality can be elements of justice.

5. Though there is a controversy between justice and equality it is undeniable that the relationship exists. Equality and preferential treatment are not consistent. That is if some persons receive better treatment because of superiority in wealth and income or any other ground that violates the basic norm of equality. However, it is also against the basic norm of justice.

6. So far as the distribution of opportunities and at the same time attainment of justice are concerned two criteria desert and need appear. Norman Barry defines desert in this way. “The concept of desert refers to those properties of a man’s actions that are worthy of special treatment”. The actions of a man are not only different from the action of other men they require special treatment. That is actions are to be rewarded. If this is not done injustice will be done to the persons concerned.

Thus desert will be a criterion of special treatment but this cannot violate the principle of equality. We can easily find out a relationship between justice and desert and recognition of desert. Along with desert there is a criterion which is known as need. One can easily distinguish between desert and need.

One is to be awarded for special activities or contributions. In absence of this there arises no question of awarding anybody. On the other hand, need-based governmental actions have no connection with actions. The government adopts the policy of providing old age benefits or giving monetary help to weaker sections of the body politic or any other scheme. All these may be termed as welfare schemes.

7. While the authority is going to award a person for his special activities, it must also be considered that the actions must make some positive contribution to the progress of the society. More actions (whatever may the nature of actions be) do not call for reward or special treatment.

8. Both desert and need as criteria of governmental action must be kept outside the area of politics and emotion. Impartiality must play the dominant role. Otherwise both these criteria will lose their importance.

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Meaning justice

What does justice mean? Here you find 39 meanings of the word justice. You can also add a definition of justice yourself

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n. 1) fairness. 2) moral rightness. 3) a scheme or system of law …

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justice

The moral principle ensuring fairness and reasonableness in the way people are treated, as well as the administration of the law, and the authority in maintaining this process. This is a value the Eur [..]

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justice

Fairness, equity, and morality in action or attitude in order to promote and protect human rights and responsibilities. In most societies, people work for justice by organizing through different categ [..]

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justice

mid-12c., «the exercise of authority in vindication of right by assigning reward or punishment;» also «quality of being fair and just; moral soundness and conformity to truth,» fro [..]

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justice

dikephobia

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justice

Justice [N] [T] [B]is rendering to every one that which is his due. It has been distinguished from equity in this respect, that while justice means merely the doing what positive law demands, equity m [..]

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justice

administration of law.

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justice

1) A concept of fairness and moral rightness. 2) A scheme or system of law. 3) Judges on the U.S. Supreme Court, the federal courts of appeal, and state appellate courts.

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justice

the quality of being just or fair judgment involved in the determination of rights and the assignment of rewards and punishments judge: a public official authorized to decide questions brought before [..]

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justice

The virtue of protecting individuals’ possessions within the acknowledged rules of conduct.

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justice

{Gk. δικη [díkê]; Lat. iustitia} Equitable distribution of goods and evils in a social institution, including the moral sanctions of reward and punishment. After surveying alternative notions of [..]

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justice

is rendering to every one that which is his due. It has been distinguished from equity in this respect, that while justice means merely the doing what positive law demands, equity means the doing of w [..]

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justice

The legal process and the imposition of proportionate punishment. See common sense, procedural justice. It is the impartial and fair settlement of conflict.

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justice

Justice in research involves mainly considerations of fairness and balance. As far as is consistent with the research method people should have equal opportunity to participate in research or to benefit from it. The benefits of research should be spread as evenly as possible and in particular those who participated in research should have access to [..]

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justice

gerekhtikeyt

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justice

tsedek

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justice

yoysher

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justice

To dream that you demand justice from a person, denotes that you are threatened with embarrassments through the false statements of people who are eager for your downfall. If some one demands the same of you, you will find that your conduct and reputation are being assailed, and it will be extremely doubtful if you refute the charges satisfactorily [..]

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justice

[Old French, from Latin justitia, from justus just] 1 a : the quality of being just, impartial, or fair [it is not the province of the court to decide upon the or injustice…of these laws «Scott [..]

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justice

judge (a person who makes the final decision) at the Supreme Court.

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justice

Justice is the concept of moral rightness based on ethics, rationality, law, natural law, fairness, religion and/or equity. Justice is the result of the fair and proper administration of law. It is th [..]

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justice

(n) the quality of being just or fair(n) judgment involved in the determination of rights and the assignment of rewards and punishments(n) a public official authorized to decide questions brought b [..]

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justice

Colloquial term for murder.

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justice

«Refers to an evaluation of the fairness of economic and socio-emotional outcomes.» (Grandey & Cordeiro). «Is concerned with how goods, honors, and obligations are distributed within a community…

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justice

«Refers to the evaluation of the procedures that are followed in allocating outcomes.» (Grandey & Cordeiro) «The element of justice concerned with the application of laws, rather than with the…

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justice

An interactive process whereby members of a community are concerned for the equality and Rights of all.

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justice

1. Justice and utilitarianism The concept of justice is often invoked in economic discussions. Its relevance to economic evaluation is obvious …

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justice

Traditionally, economists have treated justice as a component of social welfare maximization. Recently, philosophical treatments of justice have challenged …

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justice

This article provides a survey of recent normative work on justice. It shows how the concern for distributive equality has been questioned by the idea …

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justice

Latin iustitia «righteousness, equity.»

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justice

  The maintenance or administration of what is just by law, as by judicial or other proceedings.

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justice

The maintenance or administration of what is just by law, as by judicial or other proceedings.

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justice

n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal. One problem is that attor [..]

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justice

n. «justice; judicial punishment; judge,» s.v. justice sb. OED. KEY: justice@n

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justice

n 22 justice 12 justise 9 justyse 1

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justice

One of three basic ethical principles addressed in the Belmont Report (1979), justice here is understood in the context of “fairness in distribution” or “what is deserved” regarding the possible benefits of research as well as the assumption of its burdens.

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justice

Justice refers to the ethical obligation to treat each person in accordance with what is morally right and proper, to give each person what is due to him or her. In the ethics of research involving hu [..]

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justice

The title of a justice of court.

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justice

From an occupational surname meaning "judge, officer of justice" in Old French. This name can also be given in direct reference to the English word justice.

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