The Personal Website of Mark W. Dawson

Overview of Justice Principles

In its broadest sense, Justice is the treatment of individuals fairly. The idea of justice occupies center stage both in ethics, and in legal and political philosophy. We apply it to individual actions, to laws, and to public policies, and we think in each case that if they are unjust this is a strong, maybe even conclusive, reason to reject them. Classically, justice was counted as one of the four cardinal virtues of prudence, justice, fortitude, and temperance (and it is sometimes considered the most important of the four).

In its broadest sense, justice is the treatment of individuals fairly. A society where justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on a variety of fields and philosophical branches including ethics, rationality, law, religion, and fairness. The state may pursue justice by operating courts and enforcing their rulings.

The Stanford Encyclopedia of Philosophy has an article on Justice that aims to provide a broad overview of how philosophers, both past and present, have understood justice through seven lenses; 1) Justice: Mapping the Concept, 2) Justice: Four Distinctions, 3) The Scope of Justice, 4) Utilitarianism and Justice, 5) Contractarianism and Justice, 6) Egalitarianism and Justice, and 7) Conclusion.

They begin this article by identifying four core features that distinguish justice from other moral and political ideas. We then examine some major conceptual contrasts: between conservative and ideal justice, between corrective and distributive justice, between procedural and substantive justice, and between comparative and non-comparative justice. Next we turn to questions of scope: to who or what do principles of justice apply? We ask whether non-human animals can be subjects of justice, whether justice applies only between people who already stand in a particular kind of relationship to one another, and whether individual people continue to have duties of justice once justice-based institutions have been created. We then examine three overarching theories that might serve to unify the different forms of justice: utilitarianism, contractarianism, and egalitarianism. But it seems, in conclusion, that no such theory is likely to be successful.

An understanding of these justice principles and justice philosophy is necessary to determine if justice is fair and moral. And without fair and moral justice, there can be no real justice.

The Societal Types of Justice

Justice represents fairness and moral rightness in how people are treated in society. It includes different theories and practices aimed at ensuring equal treatment and fixing injustices. The four principles of justice recognized in Western Civilization are:

1. Distributive Justice
   Distributive justice is the concept that focuses on the fair allocation of resources, goods, and opportunities within a society, ensuring that everyone has access to a similar level of material goods and services. It emphasizes outcomes and fairness in distribution, often considering factors like wealth, income, and social status.
2. Retributive Justice
   Retributive justice is a legal concept that focuses on punishing offenders in proportion to the severity of their crimes, based on the idea that they deserve to suffer for their wrongdoing. It emphasizes that punishment should be administered by the state and is distinct from personal revenge, aiming to restore balance in society.
3. Restorative Justice
   Restorative justice is an approach to justice that focuses on repairing harm caused by crime through dialogue and cooperation between victims, offenders, and the community. It emphasizes accountability, healing, and the restoration of relationships rather than punishment alone.
4. Procedural Justice
   Procedural justice refers to the fairness in the processes that resolve disputes and allocate resources. It emphasizes the importance of treating individuals with respect, providing them a voice, and ensuring transparency and neutrality in decision-making processes.

In addition to these four basic principles of justice, modern justice has incorporated three other principles of justice:

1. Commutative Justice
   Commutative justice is a principle that focuses on fairness in agreements and exchanges between individuals, ensuring that each party receives what they are entitled to in transactions. It emphasizes the importance of fulfilling obligations and restoring fairness when those obligations are not met.
2. Corrective Justice
   Corrective justice is a concept that focuses on rectifying injustices inflicted by one person on another, contrasting with distributive justice, which deals with the fair distribution of benefits and burdens. It emphasizes the relationship between the wrongdoer and the victim, aiming to restore balance and address the harm caused.
3. Social justice
   Social Justice refers to fair treatment and equal status for all individuals and social groups within a society, ensuring that everyone has equal rights, opportunities, and access to resources. It includes various movements aimed at addressing issues like economic inequality, discrimination, and the rights of marginalized communities. Social justice is contentious and debatable, as it often conflicts with the individual rights Western Civilization holds dear.

The Personal Types of Justice

In addition, Repentance, Rehabilitation, and Revenge are important to understanding justice. These Personal Types of Justice can only occur within the person who committed an injustice.

1. Repentance:
   Repentance is reviewing one's actions and feeling contrition or regret for past or present wrongdoings, which is accompanied by commitment to and actual actions that show and prove a change for the better. In modern times, it is generally seen as involving a commitment to personal change and the resolve to live a more responsible and humane life. In other words, being sorry for one's misdeeds. It can also involve sorrow over a specific sin or series of sins that an individual feels guilt over, or conviction that they have committed. The practice of repentance plays an important role in the religious doctrines of salvation of Judaism, Christianity, and Islam. Analogous practices have been found in other world religions as well. In religious contexts, it often involves an act of confession to God or to a spiritual elder (such as a monk or priest). This confession might include an admission of guilt, a promise or intent not to repeat the offense, an attempt to make restitution for the wrong, or in some way reverse the harmful effects of the wrong where possible.
2. Rehabilitation:
   Rehabilitation is the process of re-educating criminal offenders and preparing them to re-enter society. The goal is to address the underlying root causes of crime in order to prevent recidivism once inmates are released from prison. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by individual offenders, but it may also entail more general education like reading skills and career training. The issue with rehabilitation is whether a person is genuinely rehabilitated or just pretending to be so to receive better treatment from the justice system. No one knows what is in another person's heart or mind, and if you forgive someone who is not truly rehabilitated, you risk that they will commit an injustice in the future.
3. Revenge:
   Revenge is defined as taking a harmful action against a person or group in response to a grievance, whether it is real or perceived. Vengeful forms of justice, such as primitive justice or retributive justice, are often distinguished from more formal and refined kinds of justice, such as distributive justice or restorative justice. Revenge is never acceptable in a society with a justice system that upholds the principles of justice, as revenge often leads to injustice for those involved. However, in a society that does not uphold these principles, it may be the only form of justice available.

The Importance of Justice

Without proper justice, we live by the law of the jungle, which describes a situation where survival and selfishness take precedence, often meaning that only the strongest or most cunning will succeed, and ruthless tactics might be used. It implies that in such environments, moral considerations are often pushed aside in favor of self-preservation and self-interest, to the detriment of others.

Keeping these concepts in mind is crucial when considering justice. Otherwise, you might arrive at an incorrect conclusion if justice has been served for acts of injustice. And always remember that the greatest injustice is the violation of a person's Natural Rights and the improper restriction of their Liberties and Freedoms.