Various Theories of Justice

Delve into the realm of theories of justice, where a diverse array of perspectives intersect to illuminate the ongoing evolution of fairness within society.

Introduction

Justice embodies the notion of fairness and equality, which is a fundamental aspect of society, as a result of which, it is allowed to act as a moral compass. However, the concept of justice is not uniform. In fact, over the period, various jurists and philosophers have given their theories as to what justice is. Each of these theories tends to have its unique approach towards the nature of justice and its applicability in human society as well.

The applicability of theories differs based on moral, social, political or even cultural contexts. It may even differ based on historical context, as ancient philosophers like Aristotle from 350 BCE believed in justice acting as a neutral mechanism for society, which shall be inclined towards morality by maintaining a healthy balance between political and social virtues. On the other hand, relatively modern philosophers like Jeremy Bentham from the 18th century tend to be more inclined towards the theory of utilitarianism, which focuses more on the aspect of the greatest good for the greatest number of people.

Of course, there are differences in the theories that have been introduced over centuries by various philosophers. However, it is significant to understand that every theory provides insight for the betterment of society in its own way. That being said, in this article, we shall explore some of the most prominent theories of justice and their respective roles in shaping human society.

Meaning of Justice

The true meaning of justice may be subjective, and its applicability may depend on the situation. However, one aspect of justice is always uniform, which is the requirement for it to be fair and righteous. As mentioned earlier, justice embodies the very notion of fairness and equality so that it can act as a moral compass in human society. If such a crucial aspect is missing then justice simply cannot be served. Therefore, justice must be impartial and should treat all individuals with equality.

The meaning of justice in a legal sense may include the decisions of a competent court of law to be completely based on an unbiased consideration of facts and their discretion must be based on relevant legal principles instead of arbitrary factors. In other words, justice shall be free of any personal preferences or randomness, and truly neutral. The reason why justice is required to be unbiased and neutral is to ensure that every individual’s rights and liberties stay protected, regardless of their cast, religion, culture, gender, skin colour or place of origin.

From the above paragraph, we can deduce that the basic nature of justice is to be fair and righteous, to treat individuals with equality, so that discrimination of any kind cannot take place, however, various theories have their approach towards what justice should be like, as each philosopher had their point of view. Considering the massive gap between the timelines, it is obvious that the theories were provided with context to their respective state of society at the time of their introduction, which explains the difference in point of view.

Various Theories of Justice

We shall now discuss some of the most prominent theories of justice that have been around for quite some time, each theory has its approach towards the betterment of society, hence, we shall explore further to better understand the nature of each of these theories.

1) Utilitarianism Theory

The theory of utilitarianism was introduced by an English philosopher named Jeremy Bentham in the 18th century. The theory of utilitarianism mainly focuses on maximizing the greatest happiness for the greatest number of people. In other words, it works for the greatest collective good and well-being of society.

Illustration:

A city is going through a severe water crisis, there is barely enough water for everyone’s needs, and tension is rising. Now, there could be three possible options to choose from-

a) Providing everyone with an equal amount of water, regardless of the need.

b) Prioritizing the essential services, such as hospitals or fire departments, to keep the society functional.

c) Charging a much higher price for water so that only those with a greater purchasing capacity would be able to afford it, due to which the essential services might suffer.

Utilitarian Choice:

In the above-given illustration, following the utilitarianism theory of maximizing the greater good for society, the most utilitarian choice would be option b, as prioritizing the essential services shall help keep the society functional, resulting in the greater good of the society.

Merits of Utilitarianism Theory:

• Focus on well-being: The very foundation of utilitarianism theory is based on the greater good and well-being of the society at large, which is mainly focused on minimizing the suffering at a larger scale, therefore, the majority of the people will be happy.
• Flexibility/Practicality: Utilitarianism theory is flexible, providing room to choose between the most rational options, which makes it extremely practical.
• Promotes social progress: Since utilitarianism theory supports the greater good of society, it stands closely intertwined with social progress, as it tends to work in the favor of the outcome that is favourable to the majority, and the society at large.

Criticism of Utilitarianism Theory

• May not be favourable for minorities: Since the utilitarian concept is based on the greater good of society, it is mainly focused on the well-being of the majority, which may lead to the theory having the potential to sacrifice the interests of minorities. Such a conflict of interest makes it hard to determine the integrity of the theory.
• Challenges in measuring happiness: Even though the utilitarian concept is based on the maximizing of happiness to the masses, happiness is a subjective aspect. Moreover, it cannot be quantified, that being said, the theory completely relies on a subjective aspect, which makes it vague.

2) Amartya Sen's Theory of Justice

Amartya Sen, an Indian economist introduced his view towards justice in his book named, ‘The Idea of Justice’ published in the year 2009. Amartya Sen’s theory of justice states that the idea of justice should be based on the people’s ability to function. Sen further argues that a just and fair society shall provide people with the freedom to develop such abilities to enhance their functioning. Such abilities might include access to a healthier lifestyle, or education.

Sen also points out that society should support individuals so that they may convert their existing resources into functional abilities. Amartya Sen’s theory of justice also implies the significance of the removal of real-world injustices which prevent people from developing their abilities, injustices like poverty, discrimination and lack of education must be eliminated.

Merits of Amartya Sen’s Theory of Justice:

• Focus on aspects related to the real world: As discussed above, Sen’s theory addresses real-world issues, including poverty and lack of education. Furthermore, it also touches base with people developing their abilities, which makes the theory more practical.
• Recognising different needs: Since Amartya Sen’s theory of justice supports the development of every individual, it strongly aims to remove any injustices which might exist in the form of poverty or discrimination, therefore, it tends to provide support to individuals from all levels, which makes this theory truly neutral.

Criticism of Amartya Sen’s Theory of Justice:

Measuring capabilities: Although Sen’s theory implies that people’s capabilities shall be measured, it is crucial to state that measuring the capabilities of different individuals, and then comparing the same is a difficult task.

3) Distributive Theory

Distributive theory states that the resources of society are supposed to be distributed among individuals in an equal manner. It is also concerned with the outcome, which shall be fair. Distributive theory also tends to ask the question as to how the resources, benefits and burdens are supposed to be allocated among the individuals. Distributive theory is a branch that also consists of other theories of justice, like Rawls’s theory of justice and Amartya Sen’s theory of justice, and it implies their respective principles too.

The distributive theory is based on multiple principles which guide various theories, such principles are as follows:

Equality: As stated earlier, distributive theory demands an equal allocation of resources among individuals.

Need: The need-based principle of the theory states that the allocation of resources should be on a need basis. In other words, the individuals who need it the most shall get the resources first.

Merit: Merit merit-based principle states that individuals with high merit, therefore, only hardworking individuals who truly deserve shall be provided with the resources.

Contribution: This principle states that the allocation of resources must be based on contributions made by individuals. It is similar to the merit-based principle.

Responsibility: This principle states that the individuals who possess more resources shall share them with other individuals.

4) Social Justice

Social justice promotes equality and also supports the idea of equal distribution of resources among individuals, similar to the equality principle of distributive theory. However, it also states that each individual must get a chance to live up to his full potential, in a way, implying the fundamentals of Amartya Sen’s theory of justice.

Key Aspects of Social Justice:

Equality: Social justice strongly promotes equality as it tends to demand that resources be allocated in an equal manner among individuals.

Equity: Equity ensures that no individual faces discrimination based on origin or culture, and justice provides proper mechanisms to tackle such factors related to injustice.

Access: One of the core aspects of social justice is to make education, healthcare and a decent standard of living accessible for every individual.

Quality of life: Improving the quality of life of individuals through social justice initiatives contributes to the overall betterment of society.

5) John Rawls's Theory of Justice

Rawls’s theory of justice promotes a just and fair society, he presented his ideas in his book ‘A Theory of Justice’. The theory provided by him is based on two major principles:

a) The Original Position

The original position is an experiment introduced by Rawls. The experiment states that people choosing the principles of society are themselves unaware of their rights and obligations, as they are veiled by ignorance. In other words, individuals lack understanding of gender, caste, race, religion, talents and disabilities. The theory states that in such a situation, individuals will choose the principle that protects their rights which leads to a fairer society.

b) The Two Principles of Justice

Rawls proposed two main principles of justice based on his experiment, the original position. Rawls calls the two fundamental rules the principle of equal liberty and the principle of distributive justice:

1. Equal Liberty: The basic liberty rights are vital for a good life, such basic liberty rights may consist of freedom of speech, religion or fair trial. The promotion of such liberty rights belonging to every individual promotes equality.

2. Principle of Distributive Justice: The difference principle allows for social and economic inequalities, on the condition that it ultimately helps the least advantaged individuals of the society.

Role of Justice

Since the role of justice based on their respective theories might vary, we shall analyse the role of justice based on each theory that we have discussed so far.

Utilitarianism Theory

Maximizing Happiness for the greater majority is the ultimate goal of this theory. Justice must provide minimum suffering to the masses, even if it comes at the cost of some inequality.

Amartya Sen’s Theory of Justice

Individual functioning is the main focus of this theory. It focuses on every individual developing his abilities to his full potential and converting the resources available to them into functional abilities.

Distributive Theory

The theory is concerned with an equal distribution of resources among individuals as it consists of principles that address the question of how the resources, benefits and burdens are supposed to be divided among the society. To address this question, there are various principles and other theories, which give different points of view on the subject matter to further tackle the issue of proper distribution of resources.

Social Justice

The main goal of the theory is to provide fair treatment and access to resources for everyone. Resources here imply to education, health and a decent standard of life, irrespective of caste, gender, religion, origin or skin colour. In other words, the theory strongly opposes discrimination of any kind.

Rawls's Theory of Justice

This theory focuses on creating a society where inequality shall help the less advantaged, otherwise, it supports the fair distribution of opportunities among the individuals.

Conclusion

In conclusion, we can state that the meaning of justice never remains uniform, as various philosophers introduced their theories on what justice is and provided principles that guide societal norms. Each theory has its unique approach towards the issues faced by society, and it tries to solve such complexities with its unique mechanisms and principles.

It is also important to understand that there is no ‘perfect theory’ about societal problems and the applicability and effective implementation of the theories depends upon the kind of issue that is being dealt with in the society. Furthermore, the implementation of such theories into a practical setting and balancing out the differences between the principles and ideologies of various theories remains a challenge. All the theories may have different principles and core ideologies, but they all are meant to work in favour of human society.

References

[1] Akshita Rohatgi, All about Aristotle’s theory of justice, Available Here

[2] Koneru Anuradha, A brief notes on Utilitarianism: A study on Bentham and J.S.Mill views, Available Here

[3] Charles Barclay Roger, Amartya Sen and the Idea of Justice, Available Here

[4] Divya Raisharma, What is social justice, Available Here

[5] J Jerusha Melanie, John Rawls’ Theory of Justice, Available Here

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