Crime & Justice Codexery

Justice

Justice is the constant will to render each his due.

Justice, at its most general, means treating people fairly. A foundational definition, widely considered the most plausible core statement, comes from the 6th-century Roman legal code known as the Institutes of Justinian: it describes justice as the constant and perpetual will to give each person what they are due.

Early Western ideas about justice were shaped by ancient Greek philosophers. Plato, in *The Republic*, and Aristotle, in his *Nicomachean Ethics* and *Politics*, both explored the concept. Saint Augustine, writing in the 4th and 5th centuries, argued that without justice, kingdoms are merely large-scale gangs of criminals. Around the same period, classical Confucian thought developed a very different theory. It treated justice as a personal and public virtue, but one that did not involve freedom or equality and was not connected to law. In this view, law existed to maintain order, not to achieve justice.

Modern Western notions of justice are deeply influenced by Christian theology, which often follows divine command theory. In this framework, God dictates morality, defining what is good, and this divine determination shapes what is just. Later Western thinkers proposed other foundations. In the 17th century, John Locke argued that justice comes from natural law. Jean-Jacques Rousseau championed social contract theory, where justice arises from a mutual agreement among people to live under a shared political system.

Contemporary frameworks include several distinct approaches. Distributive justice asks what is fair in terms of which goods are shared, among whom, and according to what principle. Utilitarian theories focus on the future consequences of punishment. Retributive justice looks backward at specific wrongful acts and seeks to match them with appropriate punishment. Restorative justice, also called reparative justice, centers on the needs of victims and society, aiming to repair the harm caused by wrongdoing.

For Plato, justice was about balance and harmony—the right relationship between conflicting parts within a person or a community. He defined it as everyone having and doing what they are responsible for or what belongs to them. A just person contributes to society according to their unique abilities and receives a proportionate return. This applies to individuals, organizations, and societies. Plato described a person as having three parts: reason, spirit, and desire. These parallel the three parts of a city. He used the metaphor of a chariot, where the charioteer (reason) must control the two horses (spirit and desire). He believed that philosophers, who love wisdom, are the best rulers because they alone understand the nature of the good. Just as one would trust a doctor over a farmer for health, a city should trust a philosopher over a politician for governance. Socrates illustrated this with the parable of a ship: an unjust city is like a ship at sea with a drunken captain (the common people), untrustworthy advisors (politicians) seeking power, and a navigator (the philosopher) who alone knows how to reach port. Socrates also said that a group cannot successfully commit injustice if its members are unjust to each other. Aristotle saw justice as nearly synonymous with virtue, but also as a specific form of virtue: giving people what they deserve.

Advocates of divine command theory hold that justice and all morality come from God’s authoritative command. Murder is wrong and must be punished because God says so. Some versions argue that God must be obeyed because of the nature of God’s relationship with humanity; others, because God is goodness itself, so following God’s command benefits everyone. Plato’s dialogue *Euthyphro* presents a dilemma: is what is morally good commanded by the gods because it is good, or is it good because it is commanded? If the latter, justice is beyond human understanding; if the former, morality exists independently of the gods and is open to human judgment. A common response, advanced by Immanuel Kant and C. S. Lewis, is that objective morality and God logically imply each other. Jewish, Christian, and Muslim theology traditionally hold that justice is a present, real, and right principle.

field
Philosophy, Law, Ethics
known_for
Core definition from the Institutes of Justinian; theories from Plato, Aristotle, and Confucian thought; divine command theory; natural law; modern frameworks including distributive, utilitarian, retr

Lore & Background

Early Western theories of justice were developed in part by Ancient Greek philosophers such as Plato in his work The Republic, and Aristotle, in his Nicomachean Ethics and Politics. Saint Augustine emphasized the importance of justice, expressing the opinion that, without justice, 'kingdoms are nothing but gangs of criminals on a large scale.' The classical Confucian theory of justice developed around the same time, and had little in common with Western theories of justice. Instead, it posited that justice was a personal and public virtue, but did not include freedom or equality, and was not part of the law. The law itself was seen as promoting order rather than justice.

Reader's Guide

Justice, according to Plato, is about balance and harmony. It represents the right relationship between conflicting aspects within an individual or a community. He defines justice as everyone having and doing what they are responsible for or what belongs to them. Aristotle saw the word justice as somewhat synonymous to virtue, while at the same time also referring to a particular form of virtue: giving people what they are deserving of. Modern-day Western notions of justice have roots in Christian theology, which largely follows the divine command theory, according to which God dictates morality and determines whether or not an action is seen as morally 'good.' Western thinkers later advanced different theories about where the foundations of justice lie. In the 17th century, philosophers such as John Locke held that justice derives from natural law. Jean-Jacques Rousseau became a prominent advocate of social contract theory, which holds that justice arises from a mutual agreement among members of society to be governed within a political system. Modern frameworks include concepts such as distributive justice, utilitarianism, retributive justice and restorative justice. In broad terms, distributive justice considers what is fair based on what goods are to be distributed, between whom they are to be distributed, and what the proper distribution is; utilitarian theories look forward to the future consequences of punishment; retributive theories look back to particular acts of wrongdoing and attempt to match them with appropriate punishment; and restorative theories look at the needs of victims and society and seek to repair the harms from wrongdoing.

Did You Know?

Frequently Asked Questions

What is the core definition of Justice?

The most widely cited foundational definition comes from the Institutes of Justinian, a 6th-century Roman legal codification, which frames justice as the steady, ongoing intention to give every person what is rightfully owed to them.

Which thinkers and traditions shape major theories of Justice?

Classical contributions come from Plato, Aristotle, and Confucian philosophy, while later frameworks include divine command theory and natural law. Modern discourse further draws on distributive, utilitarian, and retributive models.

What academic fields does Justice span?

Justice sits at the crossroads of philosophy, law, and ethics, serving as a foundational concept that informs all three disciplines.

Where does the most famous legal definition of Justice originate?

It traces back to the Institutes of Justinian, a 6th-century codification of Roman law, where justice is characterized as a constant and perpetual will to render each individual his or her due.

How does Justice differ from simple fairness?

Fairness can describe a single even-handed act, whereas justice in the classical sense implies a deeper, unwavering moral obligation to ensure every person consistently receives what is properly theirs.

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