Justice and the Challenges of the State

Posted on Mar 10, 2025 in Philosophy and ethics

Justice According to Different Authors

Justice: To each one as corresponds. Different authors define justice in their own way:

  • Plato: Understands justice as harmony. Society is just if each member fulfills their specific function.
  • Aristotle: Connects justice to proportional equality. Treat equals equally and unequals unequally. He distinguishes two forms:
    • Commutative Justice: Exchange of goods between individuals.
    • Distributive Justice: Distribution of goods and burdens within the community. Fair sharing is based on the merit of each individual, but the problem lies in agreeing on what constitutes merit, which varies depending on the type of government:
      • Aristocratic Regime: Merit is virtue.
      • Oligarchic Government: Wealth is considered good.
      • Democratic Regime: Everyone deserves the same; all are equal.
  • Thomas Aquinas: Distinguishes between charity and justice. Charity is given without question, stemming from love of God. Justice is given because it is due. He identifies two relevant laws:
    • Positive Law: Human law, created by humans (rights).
    • Natural Law: Law that God gives to his creatures to help them achieve their own good.

Challenges of the State

The state’s order exists to ensure the common good. In the contemporary world, this involves three key aspects:

  1. Defense of Human Rights: Individuals are born with rights. The law must protect the freedom of the weakest and most vulnerable, ensuring their rights are recognized and upheld. This requires education, awareness campaigns, and support for organizations defending human rights. The state must also ensure that no law violates these rights.
  2. Defending and Promoting Liberal Democratic Values: These values make moral life possible, including human rights, freedom, equality, solidarity, and a commitment to dialogue. The state must actively foster understanding and appreciation of different cultures.
  3. Internal and International Peace: The state must address conflicts, find solutions, and ensure their fair implementation. Two types of conflicts exist:
    • Internal Conflicts: Within boundaries, instruments like the police and judiciary ensure citizen order.
    • International Conflicts: Defense mechanisms (army) and diplomatic measures prevent conflicts. Cooperation with other states is crucial.

Achieving Peace

  • Inner Peace: Requires good laws based on a clear concept of justice, and the necessary machinery to enforce them.
  • International Peace: States participate in international military alliances (e.g., NATO) for security guarantees. States should strive to stay out of international conflicts. A cosmopolitan law could help prevent wars. Kant envisioned the possibility of perpetual peace.