The concept of justice has been an integral part of political philosophy since ancient times. Classical texts like Plato’s Republic explore diverse conceptions, while Aristotle presented his vision of ‘Proportional Justice’ in works such as Nicomachean Ethics and Politics.
Historically, justice started as a philosophical view grounded in morals and ethics. In modern political thought, it shifted toward the concepts of liberty and equality for citizens in the eyes of the state. Today, contemporary political thought views justice primarily concerning the allocation of goods, services, opportunities, benefits, power, and honours in society.
Important Definitions of Justice
Throughout history, prominent philosophers and thinkers have offered distinct definitions of justice:
- Cephalus: Defined justice as “telling the truth and repaying one’s debt”.
- Polemarchus: Stated it is “giving each man his due” and “doing the right thing, good to friends and harm to enemies”.
- Plato: Argued that justice in the state “is possible only as first it resides in the hearts and souls of the citizens”.
- Aristotle: Believed justice occurs where “equals should be treated equally and unequal unequally”.
- Karl Marx: Asserted that “the idea of justice and its content varies with the economic interest of the ruling class”.
- M. T. Cicero: Advocated that justice is a “natural law which does not depend upon the consent of man”.
- St. Augustine: Stated justice is the foundation of the state, and it is “not created by the civil authority but by the church”.
- John Salmond: Defined justice as “providing everyone his share”.
- D. D. Raphael: Said justice “protects the rights of the individuals as well as the order of the society”.
Procedural Justice vs. Substantive Justice
Justice is often categorized into two distinct operational frameworks:
- Procedural Justice: This concept concerns itself strictly with the level of application. It dictates that procedures must be just and legal codes must not be violated, focusing heavily on the “letter of the law”. Inspired largely by the Classical Liberal School, it advocates for a minimal state that simply follows procedure without using state discretion.
- Substantive Justice: In contrast, substantive justice is concerned with the final outcome of the process and the “spirit of the law”. It encourages state intervention and allows the state to use discretion in favor of weaker sections of society to ensure true justice.
Important Theories of Justice
1. Utilitarian Theory of Justice
Founded by Jeremy Bentham (1748–1832), this school of thought views pleasure and pain as the chief motive force behind human actions. The balance of pleasure over pain is termed ‘utility’, which is viewed as the source of happiness. The guiding principle for public policy is “the greatest happiness of the greatest number”.
- Jeremy Bentham: Introduced the felicific calculus as an algorithm for the quantitative calculation of pleasure and pain.
- J. S. Mill: Later introduced qualitative morals and ethics into the Utilitarian Theory.
2. Distributive Theory of Justice
This theory revolves around how rights, liberties, powers, and rewards are distributed in society.
- Aristotle: The first thinker to present this idea, arguing that distribution by the state should be according to the contribution and worth of an individual (the principle of proportionality).
- John Rawls: A major modern proponent who authored A Theory of Justice (1971) and Political Liberalism (1993), defending his theory of “justice as fairness”. He sought to combine Procedural and Substantive justice to create an egalitarian society composed of free and equal citizens. Rawls revised the social contract traditions of Locke, Rousseau, and Kant, and his theory incorporated the concepts of Desert (Talent), Merit, and Need.
3. Entitlement Theory of Justice
Advanced by American philosopher Robert Nozick (1938–2002) in his book Anarchy, State and Utopia (1974) as an alternative to Rawls’s theory.
- Core Philosophy: Nozick is a libertarian committed to a laissez-faire “night watchman” state, rejecting state participation in the welfare of people.
- Critique of Welfare: He argued that distributive justice and welfarism represent injustice because they take property and opportunities from the talented and rich for the welfare of the poor. He even likened the Progressive Taxation Policy to bonded labour.
- Three Principles: Redistribution is only valid if it satisfies his Three Principles of Entitlements: Just Acquisition, Just Transfer, and Rectification.
4. Communitarian Theory of Justice
Contrasting with the liberal perspective—which argues individuals should be free to pursue self-interest as long as they don’t hinder others—communitarians believe individuals find self-fulfilment by accepting prevalent social roles and practices within their community, rather than in isolation.
- Michael Sandel: In Liberalism and the Limits of Justice (1982), he attacked Rawls’s liberal perspective, asserting that “the self is not prior to its ends,” but is instead constituted by its ends and embedded in a shared social context.
- Michael Walzer: In Spheres of Justice (1983), he argued that every community has different cultures and values, meaning the understanding of justice is diverse. Social primary goods should be distributed according to the specific values and requirements of different communities under a principle of “complex equality”. He maintained that justice is what people subscribe to, not an abstract concept.
5. Feminist Perspective of Justice
The feminist perspective on justice seeks the restoration of justice for women who have remained deprived of equal status and opportunities compared to men since the earliest times.
- Susan Moller Okin: In her book Gender, Justice, and Family, she argues that the “gendered family” is the root cause of gender inequality. While criticizing John Rawls’s theory of justice, she insisted on ensuring justice at the family level.
- Carole Pateman: In her book Sexual Contract, she challenged the prominence of the male-oriented social contract tradition of state theory, arguing that it gives birth to a patriarchal and unjust state for women.
- Carole Gilligan: In her book In a Different Voice, she talks about care-based morality.
6. Concept of Global Justice
- The concept of global justice originated in the last decade of the twentieth century.
- It means widening the scope of justice to the global level, extending beyond the boundaries of the state.
- John Rawls: Presented a wider perspective of justice in his book Law of People to counter cosmopolitan thinkers like Charles Beitz and Thomas Pogge.
- Thomas Pogge: Originated the idea of global justice in his book World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms. He argued that the responsibility of achieving global justice falls into the hands of the advantaged citizens of affluent countries. According to Pogge, inequality in the global resource divide is the key factor behind poverty; hence, the world population needs to join hands for a combined fight against poverty.
7. Amartya Sen’s Theory of Justice
Amartya Sen, in his book Idea of Justice, criticized John Rawls’s theory of justice on two main grounds:
- It is fruitless to make efforts for any ultimate idea of justice which is acceptable to all.
- He does not believe that justice is a product of procedures.
The three main components of his theory are:
- First: He uses the elements of social choice theory and practices public reasoning to arrive at agreed-upon issues to realize justice at a global level. He argues we have no need to search for an ideal order.
- Second: Instead of just focusing on rules and institutional fairness, he focuses on how justice can be realized for people across the globe.
- Third: Instead of building ideal global institutions, we should try to realize justice by drawing strength from multiple sources, such as media, NGOs, global movements, regional associations, international treaties/conventions, global leaders, and the United Nations, etc..
List of Books and Authors
| Author | Book(s) |
| Plato | The Republic, Laws |
| Aristotle | Politics |
| H. E. Marshall | Natural Justice (1959) |
| Jeremy Bentham | Theory of Legislation (1802) |
| J. S. Mill | Utilitarianism (1861) |
| Tom Bottomore | Classes in Modern Society (1955) |
| Herbert Spencer | The Man Versus The State (1884) |
| Friedrich Hayek | The Road to Serfdom (1944), The Constitution of Liberty (1960), Law Legislation and Liberty (1973) |
| Milton Friedman | Capitalism and Freedom |
| Robert Nozick | Anarchy, State, and Utopia (1974) |
| John Rawls | A Theory of Justice (1971), The Laws of People (1993), Political Liberalism (1993), Justice as Fairness: A Restatement (2001) |
| Michael Sandel | Liberalism and the Limits of Justice (1982) |
| Michael Walzer | Spheres of Justice: A Defense of Pluralism and Equality (1983) |
| MacIntyre | After Virtue (1981), Whose Justice? Which Rationality? (1988) |
| Amartya Sen | Development as Freedom (1999), The Idea of Justice (2009) |
| Susan Moller Okin | Gender, Justice, and the Family (1989) |
| Carole Pateman | Sexual Contract (1988) |
| Carole Gilligan | In a Different Voice (1982) |
| Thomas Pogge | Global Justice (2001) |