3A - Law and Justice Flashcards
Plato’s definition of justice
Harmony between the different sectors or classes in society. It is an overarching virtue of both individuals and societies, so that almost every issue he would classify as ethical comes in under the notion of justice.
- For example, it is unjust for a person to steal from someone else, or not to give what they owe them; these concepts are reflected in both criminal and civil law today.
Aristotle’s definition of justice
Plato’s work was continued by Aristotle, who stressed the need for proportionality and a balance between extremes. This can be seen today in the law’s efforts to balance competing interest, such as an individual’s right to freedom of expression and protection of society from extreme views.
Aquinas’ definition of justice
In the 13th century, Thomas Aquinas considered justice in a similar language to Aristotle. Aquinas considered justice as:
- Governing our relationship with other people
- The constant willingness to deal with other people as they deserve
The end result of justice is the common good, for the individual and society.
Utilitarianism
From the 18th century onwards, legal philosophy developed quickly, leading to Utilitarianism - a philosophy that developed from the writings of Jeremy Bentham and John Stuart Mill.
Utilitarians are only interested in the outcome of an act, regardless of what the act itself is. For a utilitarian, maximising happiness is the object of justice.
Criticism of utilitarianism
One of the criticisms of utilitarianism is that the interest of an individual may be sacrificed for greater community happiness.
- For example, if a drunk person announces that they are about to drive home to see their child who has suddenly fallen ill, would you be justified in stealing their car keys so that they could not set off?
Jeremy Bentham and utilitarianism
Jeremy Bentham was a social reformer who developed the theory known today as utilitarianism. This philosophy is centred around these concepts:
- The more an action increases overall happiness, the more valuable it is.
- The more it decreases happiness, the more reprehensible.
John Stuart Mill and utilitarianism
John Stuart Mill agreed with Bentham and said that “actions are right if they are done to promote happiness, and wrong if they produce the reverse of happiness”.
Mill also linked utilitarianism to justice. He explained that Justice includes respect for people, property and rights, as well as the need for good faith and impartiality. All of these are consistent with the principle of utility, since their application brings the greatest happiness to the greatest number.
It could also be argued that punishing wrong-doers also brings happiness to the greatest number. However, Mill argued that punishment is in itself an evil as it involves inflicting harm or pain, and can only be justified where it brings a greater benefit, such as public order.
Types of justice
1) Distributive
- The way a society distributes its resources. E.g. Money
2) Formal / procedural
- The way justice exists in the justice system. E.g. Courts system
3) Substantive
- Each area of law. E.g. Criminal, Human Rights, Tort
4) Corrective
- Sentencing (or award in civil law)
Which philosophers have discussed distributive justice?
- Aristotle
- Thomas Aquinas
- Karl Marx
- Chaïm Perelman
Aristotle’s views on distributive justice
Aristotle identified particular examples of justice that apply to different situations. Among these is distributive justice.
Aristotle argued that:
- A just state will distribute its wealth on the basis of merit, giving to each according to his ‘virtue’ and to his contribution to society.
- This is a proportionate system where the worthiest, rather than the neediest, receive the greatest share.
He argued that to allocate resources on the basis of people’s needs would be unjust, as it would reward the lazy at least as much as the hard-working.
Thomas Aquinas’ views on distributive justice
Aquinas, the thirteenth-century theologian, described justice in language similar to that of Aristotle. He identified particular forms of justice that govern our dealings with others. For Aquinas:
- Distributive justice concerns the fair allocation of goods and responsibilities throughout the community.
- This is governed by the principle of due proportion.
- People receive what they are due in accordance with their merit, rank and need.
- Concerning merit, it would be wrong to pay workers an equal amount for unequal work, or an unequal amount for equal work.
Aquinas based his doctrine on natural law.
Karl Marx’ views on distributive justice
Karl Marx, regarded as the nineteenth-century founder of communism, developed a radically different model of distributive justice. This model was embodied in his slogan: ‘from each according to his ability, to each according to his need’.
This enshrines two principles of the ideal of communism:
- Each will maximise their contribution to the common wealth by making full use of their abilities.
- Each will receive according to their need, irrespective of the personal contribution they have made to the production process.
Chaïm Perelman’s views on distributive justice
In 1944, Perelman produced a study of justice entitled De la Justice. He concluded that justice cannot be studied logically, as each attempt to define it is based upon a person’s subjective values.
In his book, Perelman discusses different understandings of justice:
- ‘To each according to his merits’.
- ‘To each according to his needs’. ‘To each according to his works’.
- ‘To each equally’.
- To each according to his rank’.
- ‘To each according to his legal entitlement
Main criticism of Marx’ views on distributive justice
The main criticism of Marx’s views is that no country has so far been able to successfully put them into practice to bring about the just society envisaged by Marx.
However, capitalist societies that follow principles of distributive justice, closer to those held by Aristotle and Aquinas, are also criticised for social injustice.
What would be Aristotle’s view on Marx’ views on distributive justice?
Aristotle would have regarded this model of distribution as unjust, as it has the potential for giving the greatest rewards to the least productive and therefore least deserving members of society.
