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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 A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman ...

moral
correctness based on
ethics Ethics or moral philosophy is a branch of philosophy Philosophy (from , ) is the study of general and fundamental questions, such as those about Metaphysics, existence, reason, Epistemology, knowledge, Ethics, values, Philosophy of mind, m ...

ethics
,
rationality Rationality is the quality or state of being rational – that is, being based on or agreeable to reason Reason is the capacity of consciously applying logic by Logical consequence, drawing conclusions from new or existing information, with t ...

rationality
,
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundari ...
,
religion Religion is a - of designated and practices, , s, s, , , , , or , that relates humanity to , , and elements; however, there is no scholarly consensus over what precisely constitutes a religion. Different religions may or may not contain v ...

religion
,
equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the differe ...
and fairness. The state will sometimes endeavour to increase justice by operating
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, govern ...

court
s and enforcing their rulings. Consequently, the application of justice differs in every
culture Culture () is an umbrella term which encompasses the social behavior Social behavior is behavior among two or more organisms within the same species, and encompasses any behavior in which one member affects the other. This is due to an int ...

culture
. Early theories of justice were set out by the Ancient Greek philosophers
Plato Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
in his work The Republic, and Aristotle in his
Nicomachean Ethics The ''Nicomachean Ethics'' (; grc, Ἠθικὰ Νικομάχεια, ) is the name normally given to 's best-known work on . The work, which plays a role in defining , consists of ten books, originally separate scrolls, and is understood to be ...
. Throughout history various theories have been established. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism Liberalism is a ...

John Locke
said that justice derives from
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature Human nature is a concept that denotes the fundamental disposition A disposition is a quality of character, a habit A habit (or ...
.
Social contract In moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power ...
theory said that justice is derived from the mutual agreement of everyone. In the 1800s,
utilitarian Utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being Well-being, also known as ''wellness'', ''prudential value'' or ''quality of life'', refers to what is intrinsically va ...
philosophers such as
John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873), also cited as J. S. Mill, was an English philosopher, Political economy, political economist, Member of Parliament (United Kingdom), Member of Parliament (MP) and civil servant. One of the most i ...
said that justice is based on the best outcomes for the greatest number of people. Theories of
distributive justice Distributive justice concerns the . Often contrasted with , which is concerned with the administration of law, distributive justice concentrates on outcomes. This subject has been given considerable attention in and the s. In , distributive jus ...
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 John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was ori ...
used a
social contract In moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power ...
theory to say that justice, and especially distributive justice, is a form of fairness.
Robert Nozick Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher A philosopher is someone who practices philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lov ...
and others said that
property rights The right to property, or the right to own property (cf. ownership Ownership is the state or fact of exclusive rights and control over property, which may be any asset, including an object, land or real estate, intellectual property, or until th ...
, also within the realm of distributive justice and natural law, maximizes the overall wealth of an economic system. Theories of
retributive justice Retributive justice is a theory of punishment Punishment, commonly, is the imposition of an undesirable or outcome upon a group or individual, meted out by an —in contexts ranging from to —as a response and deterrent to a particular ...
say that wrongdoing should be
punished ''Punished'', also known as ''Bou ying'', is a 2011 Hong Kong thriller film Thriller film, also known as suspense film or suspense thriller, is a broad film genre that evokes excitement and suspense in the audience. The suspense element found in ...

punished
to insure justice. The closely related
restorative justice Restorative justice is an approach to justice Justice, one of the four cardinal virtues, by Vitruvio Alberi, 1589–1590. Fresco, corner of the vault, studiolo of the Virgin of Mercy, Madonna of Mercy, Palazzo Altemps, Rome Justice, in its ...
(also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders.


History


Harmony

In his dialogue ''Republic'',
Plato Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
uses
Socrates Socrates (; ; –399 BC) was a Greek philosopher from Athens Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is the capital city, capital and List of cities in Greece, largest city of Greece. Athens domi ...

Socrates
to argue for justice that covers both the just person and the just
City State A city-state is an independent sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French ''souverain'', which is ultimately derived from the Latin Latin (, or ...
. 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 125px, In many Western religions, angels are considered to be good beings and are contrasted with devils who are considered evil In most contexts, the concept of good denotes the conduct that should be preferred when posed with a choice betwee ...
. 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 A politician is a person active in party politics, or a person holding or seeking an elected legal seat, seat in government. Politicians propose, support, and create laws that govern the land and, by extension, its people. Broadly speaking, a "p ...

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 A navigator is the person on board a ship or aircraft responsible for its navigation Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch ...

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.


Divine command

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 Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
can be found in his dialogue,
Euthyphro ''Euthyphro'' (; grc, Εὐθύφρων, translit=Euthyphrōn; c. 399–395 BC), by Plato, is a Socratic dialogue whose events occur in the weeks before the trial of Socrates (399 BC), between Socrates and Euthyphro (prophet), Euthyphro. The di ...
. Called the
Euthyphro dilemma The Euthyphro dilemma is found in Plato Plato ( ; grc-gre, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Athenian , image_skyline = File:Athens Montage L.png, center, 275px, alt=Athens montage. Clic ...
, 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 Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Kant's comprehensive and systematic works in epistemology, metaphysics, ethi ...

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

For advocates of the theory that justice is part of natural law (e.g.,
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism Liberalism is a ...

John Locke
), justice involves the nature of man.


Despotism and skepticism

In ''Republic'' by
Plato Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
, the character
Thrasymachus Thrasymachus (; el, Θρασύμαχος ''Thrasýmachos''; c. 459 – c. 400 BC) was a sophist A sophist ( el, σοφιστής, ''sophistes'') was a teacher in ancient Greece in the fifth and fourth centuries BC. Sophists specialized in one or ...
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

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 "Justice as Fairness: Political not Metaphysical" is an essay by John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral and political philosopher in the liberal tradition. Rawls received both the Sc ...
'. The absence of bias refers to an equal ground for all people involved in a disagreement (or trial in some cases).


Subordinate value

According to utilitarian thinkers including
John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873), also cited as J. S. Mill, was an English philosopher, Political economy, political economist, Member of Parliament (United Kingdom), Member of Parliament (MP) and civil servant. One of the most i ...
, justice is not as fundamental as we often think. Rather, it is derived from the more basic standard of rightness,
consequentialism Consequentialism is a class of normative Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good or desirable or permissible and others as bad ...
: what is right is what has the best consequences (usually measured by the total or average
welfare Welfare (or commonly, social welfare) is a type of government support intended to ensure that members of a society can meet Basic needs, basic human needs such as food and shelter. Social security may either be synonymous with welfare, or ref ...

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
contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; ...

contract
s; 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.


Theories of distributive justice

Theories of distributive justice need to answer three questions: # ''What goods'' are to be distributed? Is it to be
wealth Wealth is the abundance of valuable financial asset A financial asset is a non-physical asset whose value is derived from a contractual claim, such as deposit (finance), bank deposits, bond (finance), bonds, and participations in companies' sh ...

wealth
,
power Power typically refers to: * Power (physics) In physics, power is the amount of energy transferred or converted per unit time. In the International System of Units, the unit of power is the watt, equal to one joule per second. In older works, p ...
,
respect Respect, also called esteem, is a positive feeling or action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also the process of ho ...

respect
, opportunities or some combination of these things? # ''Between what entities'' are they to be distributed? Humans (dead, living, future),
sentient Sentience is the capacity to experience feeling Feeling was originally used to describe the physical sensation of touch The somatosensory system is a part of the sensory nervous system. The somatosensory system is a complex system of sensory ...
beings, the members of a single society,
nation A nation is a community A community is a social unit (a group of living things) with commonality such as Norm (social), norms, religion, values, Convention (norm), customs, or Identity (social science), identity. Communities may share a sense ...

nation
s? # What is the ''proper'' distribution? Equal,
meritocratic Meritocracy (''merit'', from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the powe ...
, according to
social status Social status is the level of social value a person is considered to hold. More specifically, it refers to the relative level of respect, honour Honour ( British English) or honor (American English American English (AmE, AE, AmEng, USEng ...
, according to
need A need is something that is necessary Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient ...

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). This section describes some widely held theories of distributive justice, and their attempts to answer these questions.


Social justice

Social justice encompasses the just relationship between individuals and their society, often considering how privileges, opportunities, and wealth ought to be distributed among individuals. Social justice is also associated with
social mobility Social mobility is the movement of individuals, families, households, or other categories of people within or between Social stratification, social strata in a society. It is a change in social status relative to one's current social location ...
, especially the ease with which individuals and families may move between
social strata Social stratification refers to a society's categorization of its people into groups based on Socioeconomic status, socioeconomic factors like wealth, income, Race (human categorization), race, education, ethnicity, gender, Job, occupation, social ...
. Social justice is distinct from
cosmopolitanism Cosmopolitanism is the idea that all human being Humans (''Homo sapiens'') are the most populous and widespread species In biology, a species is the basic unit of biological classification, classification and a taxonomic rank of an orga ...
, which is the idea that all people belong to a single global community with a shared morality. Social justice is also distinct from
egalitarianism Egalitarianism (), or equalitarianism, is a school of thought A school of thought, or intellectual tradition, is the perspective of a group of people who share common characteristics of opinion or outlook of a philosophy Philosophy ...
, 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. 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. Economist
Friedrich Hayek Friedrich August von Hayek ( , ; 8 May 189923 March 1992), often referred to by his initials F. A. Hayek, was an Austrian-British economist An economist is a professional and practitioner in the social science Social science is the ...
said that the concept of social justice was meaningless, saying that justice is a result of individual behavior and unpredictable market forces. 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.


Fairness

In his ''
A Theory of Justice ''A Theory of Justice'' is a 1971 work of political philosophy Political philosophy is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships ...
'',
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was ori ...
used a
social contract In moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power ...
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 The original position (OP), often referred to as the veil of ignorance, is a thought experiment used for reasoning about the principles that should structure a society based on solidarity. The phrases ''original position'' and ''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 favour. So, the decision-in-ignorance models fairness, because it excludes selfish
bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded Open-mindedness is receptiveness to new ideas. Open-mindedness relates to the way in which people approach the views and kn ...

bias
. Rawls said that each of us would reject the
utilitarian Utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being Well-being, also known as ''wellness'', ''prudential value'' or ''quality of life'', refers to what is intrinsically va ...
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. 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 Meritocracy (''merit'', from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the powe ...
'' theories, goods, especially wealth and
social status Social status is the level of social value a person is considered to hold. More specifically, it refers to the relative level of respect, honour Honour ( British English) or honor (American English American English (AmE, AE, AmEng, USEng ...
, should be distributed to match individual ''merit'', which is usually understood as some combination of talent and hard work. According to ''
need A need is something that is necessary Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient ...

need
s''-based theories, goods, especially such basic goods as food, shelter and medical care, should be distributed to meet individuals'
basic needs The basic needs approach is one of the major approaches to the measurement of absolute poverty Extreme poverty, deep poverty, abject poverty, absolute poverty, destitution, or penury, is the most severe type of poverty, defined by the United ...

basic needs
for them.
Marxism Marxism is a method of socioeconomic analysis that uses a Economic materialism, materialist interpretation of historical development, better known as historical materialism, to understand Social class, class relations and social conflict as wel ...
is a needs-based theory, expressed succinctly in
Marx's
Marx's
slogan "
from each according to his ability, to each according to his need "From each according to his ability, to each according to his needs" ( German: ''Jeder nach seinen Fähigkeiten, jedem nach seinen Bedürfnissen'') is a slogan popularised by Karl Marx Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was ...
". According to ''contribution''-based theories, goods should be distributed to match an individual's contribution to the overall social good.


Property rights

In ''
Anarchy, State, and Utopia ''Anarchy, State, and Utopia'' is a 1974 book by the American political philosopher Robert Nozick Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher A philosopher is someone who practices philosophy. T ...
'',
Robert Nozick Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher A philosopher is someone who practices philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lov ...
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 The right to property or right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily ...
) 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 Theft is the taking of another person's property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of pr ...

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 Pareto efficiency or Pareto optimality is a situation where no individual or preference criterion can be better off without making at least one individual or preference criterion worse off or without any loss thereof. The concept is named after Vi ...
. 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

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, 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 Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstandi ...
,
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
,
need A need is something that is necessary Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient ...

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.


Theories of retributive justice

Theories of retributive justice involve
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority In the fields of sociology Sociology is the study of society, human social behaviour, patterns of soci ...

punishment
for wrongdoing, and need to answer three questions: # ''why'' punish? # ''who'' should be punished? # ''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, justice requires the maximization of the total or average welfare across all relevant individuals. Punishment fights crime in three ways: # '' Deterrence''. The credible
threat A threat is a communication of intent to inflict harm or loss on another person. IntimidationIntimidation (also called cowing) is intentional behavior that "would cause a person of ordinary sensibilities" to fear injury Injury, also known a ...
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
intuition Intuition is the ability to acquire without recourse to conscious ing. Different fields use the word "intuition" in very different ways, including but not limited to: direct access to unconscious knowledge; unconscious cognition; inner sensing; ...

intuition
s about just punishment: that it should generally be proportional to the crime. # ''
Rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be returne ...
''. 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. # '' Security/Incapacitation''. Perhaps there are people who are irredeemable causers of bad things. If so,
imprisoning
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.


Retributivism

The retributivist will think
consequentialism Consequentialism is a class of normative Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good or desirable or permissible and others as bad ...
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. However, it is sometimes said that retributivism is merely
revenge Revenge is committing a harmful action against a person or group in response to a grievance A grievance () is a wrong or hardship suffered, real or supposed, which forms legitimate grounds of complaint. In the past, the word meant the infl ...

revenge
in disguise. 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.


Restorative justice

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.


Mixed theories

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. However, so long as we adhere to that constraint then utilitarian ideals would play a significant secondary role.


Theories


Introduction

It has been said that 'systematic' or 'programmatic' political and moral philosophy in the West begins, in
Plato Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
's
Republic A republic () is a form of government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a month ...
, with the question, 'What is Justice?' According to most contemporary theories of justice, justice is overwhelmingly important:
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was ori ...
claims that "Justice is the first virtue of social institutions, as truth is of systems of thought." In classical approaches, evident from
Plato Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

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. Justice can be thought of as distinct from
benevolence Benevolence or Benevolent may refer to: * Benevolent (band) * Benevolence (phrenology), a faculty in the discredited theory of phrenology * Benevolent (song), "Benevolent" (song), a song by Tory Lanez * Benevolence (tax), a forced loan imposed by En ...
,
charity Charity may refer to: Giving * Charitable organization or charity, a non-profit organization whose primary objectives are philanthropy and social well-being * Charity (practice), the practice of being benevolent, giving and sharing * Charity (virtu ...
,
prudence File:Papstgrab, Prudentia.jpg, Prudentia on the tomb of Pope Clement II in the Bamberg Cathedral Prudence ( la, prudentia, Contraction (grammar), contracted from meaning "seeing ahead, sagacity") is the ability to govern and discipline oneself ...
,
mercy Mercy (Middle English, from Anglo-Norman language, Anglo-French ''merci'', from Medieval Latin ''merced-'', ''merces'', from Latin, "price paid, wages", from ''merc-'', ''merxi'' "merchandise") is wikt:benevolence, benevolence, forgiveness, and ...

mercy
,
generosity Generosity (also called largess) is the virtue of being liberal in giving, often as gifts. Generosity is regarded as a virtue by various world religions, and is often celebrated in cultural and religious ceremonies. Scientific investigation into g ...
, or
compassion Compassion motivates people to go out of their way to help the physical, mental, or emotional pains of another and themselves. Compassion is often regarded as having sensitivity, which is an emotional aspect to suffering. Though, when based on cer ...
, although these dimensions are regularly understood to also be interlinked. Justice is the concept of
cardinal virtue Cardinal virtues are four virtues of mind and character in both classical philosophy and Christian theology. They are Prudence, Justice (virtue), Justice, Courage, Fortitude, Temperance (virtue), Temperance. They form a Virtue ethics, virtue theory ...
s, of which it is one. Metaphysical justice has often been associated with concepts of
fate Destiny, sometimes referred to as fate (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. ...

fate
,
reincarnation Reincarnation, also known as rebirth or transmigration, is the philosophical Philosophy (from , ) is the study of general and fundamental questions, such as those about existence Existence is the ability of an entity to interact with p ...
or
Divine Providence In theology Theology is the systematic study of the nature of the divine Divinity or the divine are things that are either related to, devoted to, or proceeding from a deity.
, i.e., with a life in accordance with a cosmic plan. The equivalence of justice and fairness has been historically and culturally established.


Equality

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. 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.


Equality before the law

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 (; born , ; 16 April 1844 – 12 October 1924) was a French poet, journalist, and novelist with several best-sellers. Ironic and skeptical, he was considered in his day the ideal French man of letters. He was a member of the Académie frança ...

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." 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

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. 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. 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. 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

Equality before the law is one of the basic principles of
classical liberalism Classical liberalism is a political ideology and a History of liberalism, branch of liberalism that advocates free market, civil liberties under the rule of law with an emphasis on limited government, economic freedom, and political freedom. I ...
. Classical liberalism calls for equality before the law, not for
equality of outcome Equality of outcome, equality of condition, or equality of results is a political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms of Power (social ...
.
Chandran Kukathas Chandran Kukathas (born 12 September 1957) is a Malaysian-born Australian political theorist and the author of several books. Until 2019 he was Head of the Department of Government at the London School of Economics , mottoeng = To understa ...
, "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 ().
Classical liberalism opposes pursuing
group rights Group rights, also known as collective rights, are rights Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humani ...
at the expense of
individual rights Group rights, also known as collective rights, are rights held by a group ''wikt:qua, qua'' a group rather than by its members severally; in contrast, individual rights are rights held by Individuality, individual people; even if they are group-di ...
.Mark Evans, ed., ''Edinburgh Companion to Contemporary Liberalism: Evidence and Experience'' (London: Routledge, 2001), 55 (). 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 Sir Isaiah Berlin (6 June 1909 – 5 November 1997) was a Latvian-born British social and political theorist, philosopher A philosopher is someone who practices philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , ...
identifies positive and negative liberty in "Two Concepts of Liberty", 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", which represents a classical liberal view of liberty.


Religion and spirituality


Abrahamic justice

Jews Jews ( he, יְהוּדִים ISO 259-2 , Israeli pronunciation ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is ...
,
Christians Christians () are people who follow or adhere to Christianity Christianity is an Abrahamic religions, Abrahamic, Monotheism, monotheistic religion based on the Life of Jesus in the New Testament, life and Teachings of Jesus, teachings of ...

Christians
, and
Muslims Muslims () are people who follow or practice Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission o God Oh God may refer to: * An exclamation; similar to "oh no", "oh yes", "oh my", "aw goodness", "ah gosh", ...
traditionally believe that justice is a present, real, right, and, specifically, governing concept along with
mercy Mercy (Middle English, from Anglo-Norman language, Anglo-French ''merci'', from Medieval Latin ''merced-'', ''merces'', from Latin, "price paid, wages", from ''merc-'', ''merxi'' "merchandise") is wikt:benevolence, benevolence, forgiveness, and ...

mercy
, and that justice is ultimately derived from and held by
God In monotheism, monotheistic thought, God is conceived of as the supreme being, creator deity, creator, and principal object of Faith#Religious views, faith.Richard Swinburne, Swinburne, R.G. "God" in Ted Honderich, Honderich, Ted. (ed)''The Oxfo ...

God
. According to the
Bible The Bible (from Koine Greek Koine Greek (, , Greek approximately ;. , , , lit. "Common Greek"), also known as Alexandrian dialect, common Attic, Hellenistic or Biblical Greek, was the koiné language, common supra-regional form of Gree ...

Bible
, such
institution Institutions, according to Samuel P. Huntington Samuel Phillips Huntington (April 18, 1927 – December 24, 2008) was an American political scientist, adviser and academic. He spent more than half a century at Harvard University Har ...
s as the
Mosaic Law The Law of Moses ( he, תֹּורַת מֹשֶׁה ), also called the Mosaic Law, primarily refers to the Torah Torah (; he, תּוֹרָה, "Instruction", "Teaching" or "Law") has a range of meanings. It can most specifically mean the fi ...
were created by God to require the
Israelites The Israelites (; ) were a confederation of Iron Age ancient Semitic-speaking peoples, Semitic-speaking tribes of the ancient Near East, who inhabited a part of Canaan during the history of ancient Israel and Judah, tribal and monarchic peri ...

Israelites
to live by and apply His standards of justice. The Hebrew Bible describes God as saying about the Judeo-Christian
patriarch The highest-ranking bishop A bishop is an ordained, consecrated, or appointed member of the Clergy#Christianity, Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic, Eastern Orthodox, Or ...

patriarch
Abraham Abraham, ''Ibrāhīm''; el, Ἀβραάμ, translit=Abraám, name=, group= (originally Abram) is the common patriarch of the , including , , and . In Judaism, he is the founding father of the , the special relationship between the and ; in C ...

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 Genesis may refer to: Literature and comics * Genesis (DC Comics), a 1997 DC Comics crossover * Genesis (Marvel Comics), a Marvel Comics villain * Genesis, a fictional character from the ''Preacher (comics), Preacher'' comic-book series * ''Genes ...

Genesis
18:19, NRSV). The
Psalmist The Book of Psalms ( or ; he, תְּהִלִּים, , lit. "praises"), commonly referred to simply as Psalms, the Psalter or "the Psalms", is the first book of the ''Ketuvim'' ("Writings"), the third section of the Tanakh, and a book of the Ch ...

Psalmist
describes God as having "Righteousness and justice the foundation of throne;...." (Psalms 89:14, NRSV). The
New Testament The New Testament grc, Ἡ Καινὴ Διαθήκη, Transliteration, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus in Christianity, Jesus, as ...

New Testament
also describes God and
Jesus Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew Hebrew (, , or ) is a Northwest Semitic languages, Northwest Semitic language of the Afroasiatic languages, Afroasiatic language family. Historically, it i ...

Jesus Christ
as having and displaying justice, often in comparison with God displaying and supporting
mercy Mercy (Middle English, from Anglo-Norman language, Anglo-French ''merci'', from Medieval Latin ''merced-'', ''merces'', from Latin, "price paid, wages", from ''merc-'', ''merxi'' "merchandise") is wikt:benevolence, benevolence, forgiveness, and ...

mercy
( Matthew 5:7).


Theories of sentencing

In
criminal law Criminal law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its env ...
, a
sentence Sentence(s) or The Sentence may refer to: Common uses * Sentence (law), the punishment a judge gives to a defendant found guilty of a crime * Sentence (linguistics), a grammatical unit of language * Sentence (mathematical logic), a formula not cont ...
forms the final explicit act of a
judge A judge is a person who presides over court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a State (polity), state. In th ...

judge
-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of
imprisonment Imprisonment (from , via French language, French , originally from atin, arrest, from , , "to seize") in law is the specific state of being physically incarcerated or confined in an institutional setting such as a prison. When it comes to iss ...

imprisonment
, a
fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Fine/Officer Fine, character in Tales from the Crypt, played by Vincent Spano Vincent M. Spano (born October 18, 1962) is an American film, stage and ...
and/or other
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority In the fields of sociology Sociology is the study of society, human social behaviour, patterns of soci ...

punishment
s against a
defendant In court proceedings, a defendant is a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic by Logical consequence, drawing conclu ...
convicted In law, a conviction is the verdict that usually results when a court of law A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally ...
of a
crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, defi ...

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. The most common purposes of sentencing in legal theory are: In civil cases the decision is usually known as a
verdict In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In Engla ...
, or judgment, rather than a sentence. Civil cases are settled primarily by means of monetary compensation for harm done ("
damages At common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dictionary used ...
") and orders intended to prevent future harm (for example
injunction An injunction is a legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of l ...
s). 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 Disgorgement is defined by ''Black's Law Dictionary ''Black's Law Dictionary'' is the most widely used law dictionary Image:Legal Dictionaries.jpg, 300px, Several English and Russian legal dictionaries A law dictionary (also known as legal diction ...
(forfeit of any gain, even if no loss was caused to the other party).


Evolutionary perspectives

Evolutionary ethics and evolution of morality suggest evolutionary bases for the concept of justice. 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.


Reactions to fairness

Studies at University of California, Los Angeles, 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". 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 inequity aversion in animals, not be uniquely human".


Institutions and justice

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 (political science), legitimacy, Legal procedure, procedure, Codification (law), codification and statutory interpretation, interpretation, which are considered by legal theorists and by Philosophy of law, philosophers of law. The United Nations Sustainable Development Goal 16 emphasizes the need for strong institutions in order to uphold justice.


See also


Other pages

* 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 ''A Theory of Justice'' is a 1971 work of political philosophy Political philosophy is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships ...
'' by
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was ori ...


Types of justice

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


References


Further reading

* Clive Barnett, ''The Priority of Injustice: Locating Democracy in Critical Theory'' (Athens, GA: University of Georgia Press, 2017), * Brian Barry, ''Theories of Justice'' (Berkeley: University of California Press, 1989) * Harry Brighouse, ''Justice'' (Cambridge: Polity (publisher), 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) * Barzilai Gad, ''Communities and Law: Politics and Cultures of Legal Identities'' (Ann Arbor: University of Michigan Press, 2003) * 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(
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) * * 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 Plato ( ; grc-gre, wikt:Πλάτων, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was an Classical Athens, Athenian philosopher during the Classical Greece, Classical period in Ancient Greece, founder of the Platonist school of thoug ...

Plato
, ''Republic (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),


External links

* 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?
a series of 12 videos on the subject of justice by Harvard University's Michael Sandel, with reading materials and comments from participants. {{Authority control Justice, Ethical principles Philosophy of law Virtue