Political Philosophy: Justice

   Early in Plato's book, "The Republic",  Socrates asks the question "What is justice?". Thrasymachus answers scornfully that justice is merely the will of the strongest imposed on everyone else, and all other talk is nonsense. Socrates rejects this, though he does not really refute it, and also rejects a later suggestion that justice is determined by a consensus agreement. Instead, Socrates defines justice as "everything in the right place". Later, Aristotle defined justice as "Treating equals equally". It can be seen that both these require further investigation!

   The mediaeval writers, particularly Thomas Aquinas, depicted an underlying code of right and wrong which we all know in our hearts, and which to some extent can be discovered by reason alone. There is no moral obligation to obey the laws enacted by government ("Positive law") which go against natural law: abstract justice should always have priority over human laws. (The concept of natural law was revived at the Nuremberg trials).

   Hobbes rejected any concept of natural law and reached a Thrasymachus position: the state's positive law defines what is just and unjust, and therefore no law can be unjust. (However, because there is no effective international sovereignty, there can be no right or wrong in dealings between states).

Locke revived the concept of natural law under the category of natural rights (to life, liberty, property) and any state which infringes these is acting unjustly and may legitimately be resisted.

From the 17th century, rationalist philosophers attempted to construct codes of absolute justice based on reason rather than divine command. The bottom line of these usually a concept of equality and fairness; and laws which discriminate or are applied in an inequitable fashion may be condemned as unjust. 

Supporters of absolute standards of justice, whether derived from religious doctrine or from reason, would argue that unjust laws should be resisted; implying that individual conscipriority over any obligation to obey positive law. Hobbes argued that giving priority to individual conscience is effecively allowing anyone to do whatever they want. A counter-argument would be that individual happiness, or even the happiness of society as a whole, is not the same as "goodness", and that we always have a duty to promote the latter, regardless of all other considerations. How far therefore should my individual conscience take precedence over the "general good" (e.g. conscientious objection in wartime)? Should my individual judgement of right and wrong be guided by a superior authority (the church or the government)?  

Positive law.  To be just, it should be widely known and accepted, easy to understand, promote a clear and obvious social good, and not discriminate unfairly for or against any groups in society. The administration of justice should be unbiased and open to all. Punishments should be proportionate and should ideally be aimed at reforming the offender. These are all utilitarian arguments. But what if some law or regulation appears irrational or cruel, but is nonetheless accepted by the mass of society: e.g. the monarchy (Edmund Burke's argument)?

Political justice. Nowadays it is believed that "one person, one vote" is the only just form of political structure. But why? Is it because this is the form most likely to achieve the general good (utilitarianism)? and if so, has that always been the case, or is it only applicable to modern society? Surely it is only a means to an end (better government), not a universal entitlement? What about minority groups and the danger of "tyranny of the majority" (Mill). What rights do I have to oppose a policy supported by the majority but which I believe to be disastrous?

 

Social Justice.  The rights and wrongs underlying the social order. Discussion often turns on the conflict between commutative and distributive justice:-

Commutative justice = "Merit should be rewarded" (e.g. skill, hard work, academic attainment: more difficult to assess if "value to society is a criterion); not to do so would be unjust.

Distributive justice = "Rewards should be distributed according to needs" (e.g. number of children to be supported). This may involve compulsory redistribution of property; presumably by the state.

Commutative justice is preferred by economic liberals and by conservatives on the grounds of ecomonic efficiency, and flat-rate equality ("levelling") attacked as in itself unjust. On the other hand, religious teaching often seems to favour distributive justice.  

Some modern arguments:

The utilitarian tradition: "The greatest happiness of the greatest number" is still the most common approach to evaluating justice. But utilitarianism has nothing to say about abolute standards of right and wrong (Bentham and Mill were both rationalists and non-believers). Also, why should I, as an individual, care about the wellbeing of society as a whole?

John Rawls ("A Theory of Justice"): There is always an individual claim to justice in the pursuit of  "social primary goods" (liberty, wealth, opportunities, self-respect, etc); and fairness dictates that all should be distributed equally unless there is a valid reason why not (e.g. some people may work harder or more usefully, and therefore deserve greater wealth). Slavery for a minority might be of advantage to the majority of the population, but is surely unjust?

Robert Nozick ("Anarchy, State, and Utopia"): Revives claims to natural rights, especially against an obtrusive state. In utilitarian theory, individual rights must be sacrificed to a higher goal of "the general good". A democratically elected government has no more right to seize your property than does a dictator! 

Marxists argue that the interests of the different classes are so contrary that no "general good" is possible: every action must benefit one class and disadvantage another. Utilitarianism is therefore fraudulent until the communist revolution: up to that point; good = what furthers the revolution: bad = what hinders it. 

Marx's famous summary of justice in a communist society was, "From each according to his abilities, to each according to his needs". But in Stalin's Russia this was changed to "to each according to his work": a change from distributive to commutative justice!