Justice and Redress

Classical and Enlightenment thinkers laid the groundwork for modern theories of justice, each with different emphases—whether on outcomes, rights, fairness, or community. These theories inform our understanding of civility and civil liberties, shaping how we think about living together in a just and peaceful society.

Overview of Theories of Justice


1. Classical Theories

Plato:
  • Justice as Harmony: Plato viewed justice as a harmonious structure within both individuals and society. For him, justice occurs when everyone plays their designated role, contributing to the overall good of the community.
Aristotle:
  • Justice as Virtue: Aristotle distinguished between distributive justice (fair distribution based on merit) and corrective justice (rectifying wrongs). He emphasized justice as a key virtue necessary for a well-functioning society.

2. Enlightenment Theories

John Locke:
  • Justice as Natural Rights: Locke argued that justice is rooted in the protection of natural rights—life, liberty, and property. This perspective heavily influenced modern democracy and the development of legal systems based on individual rights.
Immanuel Kant:
  • Justice as Moral Duty: Kant’s approach to justice is based on his idea of the categorical imperative—acting according to universal moral laws. Justice, for Kant, involves treating people as ends in themselves, not merely as means.
Jean-Jacques Rousseau:
  • Justice as the General Will: Rousseau believed justice was achieved when laws reflected the general will of the people, which was aimed at the common good rather than individual interests.

3. Modern Theories

Utilitarianism (Bentham, Mill):
  • Justice as Utility: Utilitarianism defines justice as actions or policies that produce the greatest good for the greatest number. This theory focuses on outcomes, aiming to maximize overall happiness or welfare.
Libertarianism (Nozick):
  • Justice as Freedom: Libertarians argue that justice is about protecting individual rights, particularly property rights, with minimal state interference. Justice, in this view, is about respecting personal freedom and choice.
Rawlsian Theory (John Rawls):
  • Justice as Fairness: Rawls proposed that justice is about fairness, achieved through principles that would be chosen under a "veil of ignorance" where no one knows their status in society. This theory emphasizes equality of opportunity and improving the situation of the least advantaged.
Communitarianism:
  • Justice as Community Values: Communitarians argue that justice should reflect the values and traditions of the community, emphasizing social cohesion and the common good over individualism.


Relationship to Civility and Civil Liberties

 
  • Civility: Civility refers to the behaviors and norms that allow individuals to coexist peacefully in society. Each theory of justice relates to civility in different ways:
    • Utilitarianism supports civility as a means to promote overall welfare.
    • Libertarianism emphasizes voluntary interactions and personal responsibility, which can foster civility in respecting others’ freedoms.
    • Rawlsian Theory encourages civility through fair cooperation among citizens who are seen as equals.
    • Communitarianism ties civility to shared community values, essential for maintaining social harmony.
  • Civil Liberties: These are fundamental rights and freedoms, such as freedom of speech, religion, and assembly. Theories of justice influence how civil liberties are protected and understood:
    • Lockean and Libertarian Theories prioritize the protection of individual rights, including civil liberties, as central to justice.
    • Rawlsian Theory sees civil liberties as essential for ensuring fair participation in society, crucial for justice as fairness.
    • Communitarianism might place limits on civil liberties if they conflict with community values, balancing individual rights with the common good.