Monday, December 19, 2011

What is Justice?

Treating the neighbour justly is a classic case of loving the neighbour. The third century Roman jurist defines justice as steady and enduring will to render to each his or her ius. Society is just insofar as its members are rendered the ius that they possess, the ius that is theirs. One may possess some ius without enjoying that ius; so it is important to note that justice is rendering to each his or her right or deserts (what he or she deserves).
Example: When you are deprived of your ius, your right, to a seat in a train, you are not enjoying your right; here justice is not rendered to you. One may call this ius as primary justice. When a murderer is let scot free without any punishment, we don't speak of punishment as something the murderer has a right to but as something he deserves. Here punishment is the murderer's just deserts, the ius. One may call this ius as corrective justice. Thus justice is rendering each one his or her right or deserts, ius.
Right-talk is to be located only in a social context, not in a vacuum. I have a right to be treated in a certain way by you or vice versa. This social bonds of rights are foundational to human community and human flourishing. To fail to treat a person as she has a right to my treating her is to wrong her. To fail to treat a society as it has a right to my treating her is to wrong it. Conversely, to fail to treat me as I have a right to be treated is to wrong me.

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