Justice

What is Justice?

Justice, in its broadest sense, refers to treating individuals fairly. It’s about rendering what each person deserves based on various fields including ethics, rationality, law, religion, and fairness. But have you ever stopped to wonder how this concept of justice has evolved over time?

From Ancient Greece to Modern Times

The roots of modern notions of justice can be traced back to ancient Greek philosophers like Plato and Aristotle. Their theories laid the groundwork for what we understand today as justice, but have you ever pondered how these early thinkers defined it? For instance, in Plato’s Republic, justice is described as a balance and harmony within an individual or community. A just person contributes according to their unique abilities and receives what is proportionate to their contribution.

The Divine Command Theory

In Christian theology, justice is seen through the lens of divine command theory, where morality is dictated by God. This idea was first explored in Plato’s dialogue Euthyphro, where he posed a famous question: ‘Is what is morally good commanded by the gods because it is morally good, or is it morally good because it is commanded by the gods?’ This dilemma hints at two possible solutions: either morality exists independently from God, making justice beyond human understanding; or it’s derived from divine commands, which could be subjective and not universal.

Modern Frameworks of Justice

Today, we have a variety of theories about the foundations of justice. From natural law to social contract theory, utilitarianism, distributive justice, egalitarianism, retributive justice, and restorative justice, each offers a unique perspective on what justice means in practice.

The Nature of Justice

Justice is often seen as distinct from benevolence or charity. It’s one of the cardinal virtues, alongside others like prudence, mercy, generosity, and compassion. But how do these concepts interlink? And what does it mean for a life to be in accordance with a cosmic plan?

Utilitarianism and Consequentialism

Utilitarian thinkers argue that justice is not fundamental but derived from consequentialism: what is right is what has the best consequences. John Stuart Mill, for example, explains our belief in the importance of justice by arguing it stems from two natural human tendencies: a desire to retaliate against those who hurt us and the ability to put ourselves imaginatively in another’s place.

Justice as Fairness

In his seminal work A Theory of Justice, John Rawls uses a social contract argument to show that justice is a form of fairness. He asks us to imagine ourselves behind a veil of ignorance, where we don’t know our personalities, social statuses, or wealth, and then choose a theory of justice.

Instrumental Theories of Justice

Instrumental theories look at the consequences of punishment for wrongdoing. They ask questions like why punish? who should be punished? what punishment should they receive? According to utilitarianism, justice is about maximizing overall welfare across all relevant individuals.

Retributive Justice

Retributive justice argues that all guilty individuals deserve appropriate punishment based on the conviction that punishment should be proportional to the crime. It’s often seen as a counterpoint to utilitarianism, which focuses more on consequences than retribution.

Restorative Justice

Restorative justice aims to repair harm done to victims by encouraging active participation and fostering dialogue between victim and offender. It shows the highest rates of victim satisfaction and offender accountability.

Distributive Justice

Theories of distributive justice need to answer three key questions: what goods are to be distributed, who they should be distributed to, and how they should be distributed? These theories often differ from property rights theorists, who say that there is no ‘favored distribution.’

Property Rights Theorists

According to Robert Nozick in Anarchy, State, and Utopia, distributive justice is not about the whole distribution matching an ideal pattern but about each individual’s entitlement having a history made up entirely of just acquisition and transfer. He argues that all attempts to redistribute goods without consent are theft.

Liberalism and Equality

Classical liberalism emphasizes equality before the law and individual liberty, opposing group rights at the expense of individual rights. Liberty is seen as freedom from governmental interference, while equality refers to fairness in treatment under the law.

Social Justice

Social justice considers distribution of privileges, opportunities, and wealth among individuals. It encompasses just relationships between individuals and society, including social mobility. Social justice is related to relational justice, which examines individual connections and societal relationships.

Evolutionary Ethics and Justice

Research on the evolution of morality suggests that concepts like justice have an evolutionary basis. The ‘Big 2’ model proposes increasing agency and communion to restore a sense of justice after crimes.

Institutions and Justice

Institutions are required to instantiate ideals of justice in interconnected societies where people disagree. Institutions may be justified by their approximation of justice or be deeply unjust when compared with ideal standards, such as the institution of slavery. The world often fails to live up to the ideal of justice due to deliberate opposition despite understanding.

Conclusion

The pursuit of justice is a complex and multifaceted endeavor that has captivated thinkers for centuries. From ancient Greek philosophers to modern-day theorists, our understanding of what it means to be just continues to evolve. As we navigate the challenges of an ever-changing world, the quest for justice remains as vital as ever.