THEORY JUSTICE

The concept of justice has an ancient has an ancient beginning which is not from the old days
evolving through philosophy, law and societal norms over time. This was to ensure fairness and
resolve conflicts in law.

Justice is an action in accordance with requirement of some law in most modern days, we gain
justice through ‘court’ but in ancient days justice was through some key stages in development
of the idea of justice which includes ancient civilization such as Ancient Egypt was used around
3100BCE to 30BCE, Greek philosophy was used in ancient Greece and Hellenistic world in 4 th
and 5th century BC, Roman law was used in roman empire and byzantine empire around 27BCE
To 753BCE, religious teachings, medieval and enlighten thought.

The principle of justice involves a multifaceted approach to equality and fairness. The justice
ethical principles states that ethical theory should prescribe actions that are fair to those involved.
This means every ethical decisions should be consistent with the ethical theory unless
extenuating circumstances that can be justified exist in the case. In most cases there are two main
principles of justice;

I. Equality;
Refers to the idea of being equal in status, rights and opportunities. This means that there
should be no discrimination based on any factors such as race, gender and more. Equality
aims to eliminate barriers that prevent people from fully participating in society and
accessing resources or opportunities. In ethics it emphasizes the moral obligations to
ensure fairness and impartially in how people are treated.
The following are the key aspects of equality;
a) Social equality: This means all people in the society have equal chance and
opportunities to access resource, services regardless of religion, gender, race or
socioeconomic background.
b) Economic equality: As we know economic involve utilization, allocation of scarce
resources, distribution of wealth and resource to reduce disparities between rich and
poor. So it provides an equal access to resource to satisfy unlimited human needs and
wants of all categories.
 c) Political equality: Example contesting different posts in political processes such as
voting and representation to all qualified people are treated equally.
d) Legal equality: This can simply refer that on one is above the law, all people are
equally treated under the law ensuring justice is impartial and unbiased.

II. Fairness;
Refers to the quality of treating people in a manner that impartial equitable and
transparent without favoritism or discrimination. In ethics fairness considered as a tool
that emphasizes the moral oblige to ensure a good interaction in daily life. There are
various key aspects of fairness in social ethics this includes, Equity and Equality,
Respects for Right, Justice.

Justice is a multifaceted concept that encompasses various theories, each addressing different
aspects of fairness and morality in society. Among these theories, distributive justice and
retributive justice are particularly significant.

Distributive Justice

Distributive justice focuses on the fair allocation of resources and benefits among members of
society. It seeks to answer questions about what constitutes a just distribution of goods, such as
wealth, education, and healthcare. The theory states that societies have a moral obligation to
ensure that resources are distributed in a way that addresses inequalities and meets the needs of
individuals, particularly those who are disadvantaged.

The principles of distributive justice can vary widely, with some theories advocating for equal
distribution, while others may support a distribution based on merit, need, or contribution to
society. This theory is often linked to broader concepts of human rights and social justice,
emphasizing that all individuals have a duty to assist those in need.
As we know distributive justice is an approach to social justice that concerns itself with the
distribution of goods resources, power, wealth and other resources throughout society. Consider
the following examples;

 Progressive taxation: A progressive tax system refer to a system where poorer people pay
less tax as a proportion of their income than wealthier people. PAY AS YOU EARN.
 Social security: Social security refer to the government programs that provide financial
assistance to the elderly, unemployed or disabled i.e NSSF and TASAF government uses
this to help people.

Retributive Justice

Retributive justice, on the other hand, is concerned with the appropriate response to wrongdoing.
It emphasizes the need for punishment as a means of ensuring justice when laws are violated.
The core idea is that offenders should face consequences that are proportionate to the harm they
have caused, thereby restoring a sense of balance and order in society.

Retributive justice operates on the principle that punishment is justified not only as a deterrent
but also as a moral imperative to hold individuals accountable for their actions. This approach
contrasts with restorative justice, which focuses on repairing harm and reconciling relationships
rather than solely punishing the offender.

In retributive justice is equal punishment for equal crime. For example of this is the common
punishment for murderers being capital punishment (sentenced to death)

In addition, there are three main principle of retribution justice

 Those who commit certain crimes morally deserve to suffer a proportionate punishment.
 This punishment is intrinsically morally good if a legitimate punisher gives them the
punishment they deserve.
 And lastly it is morally wrong and unallowable to intentionally punish the innocent or
inflict punishment that is disproportionate to wrongdoers.
Conclusion

In summary, while distributive justice aims to create fairness in the distribution of resources and
opportunities, retributive justice seeks to address wrongdoing through punishment. Both theories
play crucial roles in shaping our understanding of justice and guiding societal norms and laws.
 REFERENCE

A Theory of Justice, published in 1971 by Harvard University Press.

Naught on Michael (2005). The call to Justice. Vatican City.

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