The Origins and Concept of Justice
Chapter 4 Contents
Origins of the Concept of Justice
Components of Justice
Distributive Justice
Corrective Justice
CHAPTER OBJECTIVES
1. Know the definitions, concepts, and origins of justice
2. Understand the components of justice including distributive, corrective, and commutative.
3. Be able to define procedural and substantive justice.
4. Understand the difference between the utilitarian rationale and retributive rationale under corrective justice.
Professionals in the criminal justice system serve and promote the interests of law and justice. An underlying theme of this chapter is that the ends of law and justice are different—perhaps even, at times, contradictory. Although criminal justice professionals use the word justice all the time, it may be the case that they are not at all familiar with the philosophical foundations of the concept. This chapter discusses justice and Chapter 5 discusses the administration of law.
ORIGINS OF THE CONCEPT OF JUSTICE
• Definitions of justice include fairness, equality, impartiality, appropriate rewards or punishments.
• Justice should not be confused with “good.”
• Walsh said justice may be “hardwired” in humans (cheaters and suckers).
• Justice concerns rights and interests more often than needs.
• Justice originates in the Greek word dike, which is associated with the concept of everything staying in its assigned place or natural role.
• Plato said justice consists of maintaining the societal status quo. Justice is one of four civic virtues, the others being wisdom, temperance, and courage
• Aristotle distinguished distributive justice from rectificatory justice.
• Aristotle said the lack of freedom and opportunity for slaves and women did not conflict with justice, as long as the individual was in the role in which, by nature, he or she belonged.
COMPONENTS OF JUSTICE
• Distributive justice is the allocation of the goods and