Evolution of Justice: Philosophical and Legal Perspectives
The Concept of Justice
The word justice comes from Latin justitia, defined in Roman law as the constant and permanent will to give everyone his due.
Ancient Philosophers
Plato
For Plato, a just society is one where each person performs the function that best suits their abilities. Wise rulers govern, strong guardians protect, and economic goods are distributed to prioritize social goals over individual ones. Roles are assigned based on natural talent, aiming for social harmony.
Aristotle
Aristotle links justice to proportional equality: treating equals equally and unequals unequally. He emphasizes commutative justice (equal exchange of goods) and distributive justice (fair allocation of goods and burdens based on merit).
Medieval Thought
Saint Thomas Aquinas
Saint Thomas Aquinas builds on Aristotle, adding charity as superior to justice. He distinguishes between positive law (enforceable agreements) and natural law (God-given principles for human fulfillment), leading to the concept of natural rights.
Modern Perspectives
Social Contract Theory
Modern philosophers view society as a social contract where individuals cede some rights to the state for peace, security, and prosperity. Justice involves protecting individual freedoms and procedural guarantees.
Utilitarianism (Mill)
Utilitarianism promotes the greatest happiness for the greatest number, with rights and freedoms maximizing collective happiness.
Social Theory
Justice is seen as abolishing socio-economic privileges. Utopian socialism advocates abolishing or restricting private ownership. Libertarian socialism aims for justice through societal change, eliminating the state and oppression.
Contemporary Liberalism
Liberal theories of justice focus on pluralism and equal respect. Propietaristas emphasize legitimate ownership, while solidarity theorists advocate equal treatment. Rawls’s justice as fairness ensures basic rights and a decent standard of living for all, acknowledging the “natural and social lottery.”
The Law
Law is a public system of rules enforced by political institutions. It’s classified as:
- Natural Law: Universal principles overriding state laws, judging legal systems’ fairness.
- Positive Law: Laws of individual countries.
Legal positivism rejects natural law, focusing on clearly defined rules. Proponents of natural law argue that legal rules must comply with justice principles.
Human Rights
Human rights are inherent to all beings, valid regardless of legal recognition. They function as moral requirements and legal safeguards. Western history shows progressive recognition of human rights.