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Justice

Justice, in its broadest sense, is the concept that individuals are to be treated in a manner that is equitable and fair.[1]

This article is about the concept of moral fairness and administration of the law. For other uses, see Justice (disambiguation).

A society in which 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 philosophies, like ethics, rationality, law, religion, equity and fairness. The state may be said to pursue justice by operating courts and enforcing their rulings.

History[edit]

A variety of philosophical and moral theories have been advanced to inform understanding of justice.


Early theories of justice were set out by the Ancient Greek philosophers Plato, in his work The Republic, and Aristotle, in his Nicomachean Ethics and Politics.


Religious explanations of the justice can be grouped under divine command theory, which holds that justice issues from God.[2]


Western thinkers later advanced different theories of where foundations of justice lie. In the 17th century, philosophers such as John Locke said justice derives from natural law. Social contract theory, advocated by thinkers such as Jean-Jacques Rousseau said that justice derives from the mutual agreement of members of society to be governed in a political order. In the 19th century, utilitarian philosophers such as John Stuart Mill said that justice is served by what creates the best outcomes for the greatest number of people.


Modern frameworks include concepts such as distributive justice, egalitarianism, retributive justice, and restorative justice. Distributive justice considers what is fair based on what goods are to be distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians suggest justice can only exist within the coordinates of equality. Theories of retributive justice say justice is served by punishing wrongdoers, whereas restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders.

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.

[53]

Clive Barnett, The Priority of Injustice: Locating Democracy in Critical Theory (Athens, GA: University of Georgia Press, 2017),  978-0-8203-5152-0

ISBN

Theories of Justice (Berkeley: University of California Press, 1989)

Brian Barry

Communities and Law: Politics and Cultures of Legal Identities (Ann Arbor: University of Michigan Press, 2003)

Gad Barzilai

Harry Brighouse, Justice (Cambridge: , 2004)

Polity Press

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)

Morals By Agreement (Oxford: Clarendon Press, 1986)

David Gauthier

& Philip Pettit eds, Contemporary Political Philosophy: An anthology (2nd edition, Malden, Massachusetts: Blackwell, 2006), Part III

Robert E. Goodin

La justice et ses institutions (Judicial institutions), Dalloz editor, 12 edition, 2013

Serge Guinchard

The Concept of Injustice (Routledge, 2013)

Eric Heinze

Punishment: The supposed justifications (London: Hutchinson & Co., 1969)

Ted Honderich

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

Contemporary Political Philosophy: An introduction (2nd edition, Oxford: Oxford University Press, 2002)

Will Kymlicka

State Punishment (London: Routledge, 1988)

Nicola Lacey

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.  978-0-674-06047-0.

ISBN

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: , 1987)

Clarendon Press

Republic trans. Robin Waterfield (Oxford: Oxford University Press, 1994)

Plato

John Rawls, A Theory of Justice (revised edition, Oxford: Oxford University Press, 1999)

David Schmidtz, Elements of Justice (New York: , 2006)

Columbia University Press

Peter Singer ed., A Companion to Ethics (Oxford: Blackwell, 1993), Part IV

Constance Baker Motley, and James Feibleman (1975) Perspectives on Justice, Northwestern University Press ISBN 0-8101-0453-9

Telford Taylor

Catharine Titi, The Function of Equity in International Law (, 2021), ISBN 9780198868002

Oxford University Press

Rechtsphilosophie, §§ 11–22 (6th edition, Munich: C.H. Beck, 2011), ISBN 978-3-406-61191-9

Reinhold Zippelius

Distributive Justice

"Justice"

on the relationship between informal/community justice, the rule of law and the United Nations

United Nations Rule of Law: Informal Justice

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.

Justice: What's The Right Thing To Do?