Aristotle's Theory of Justice

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Aristotle's Theory of Justice

Universal Justice

Commutative Justice

Particular Justice

Distributive Justice

1. Universal Justice

→ What is Just ?

• All lawful things are Just

Universal Justice is a conduct in agreement with Law

→ It answers the question : What is lawful or lawless?'

→ What is law?

General rules of Justice or Correct behavior that aims at promoting the common

interest of the entire community.

- Justice is a Complete virtue or Perfect virtue:

Justice is exercised in relations to others- for other's advantage

• Justice is a behavior towards others in conformity with general rules of

correct behavior as enshrined in the law

• Justice is not a part of virtue but whole of it.

2. Particular Justice

→ Why we need Particular Justice?

It is not possible to always follow General Normative framework of laws.

There might be acts which may be just or unjust regardless of laws.


In the complexities of life Particular Decisions must be taken.

→ Particular Justice therefore has two types:

i. Distributive Justice

ii. Commutative or Corrective Justice

i. Distributive Justice

→ Distributive Justice is exhibited in the distribution of honor, property, wealth, benefit, burden,

opportunities and political power.

•Equal should get equal share and Unequal Should get unequal share.

• Distribution should be done in proportion to different quality and worth.

- What is Just is what is proportionate.

-It is intermediate between too large share and too small share.

→ In this case distribution is not blindfolded:

While doing distribution we take into account who the person is.

Everyone is allotted their share in proportion to his/her unequal worth or merit.

Here distribution is geometrically proportional.

• Here Equality is not strict equality :

- Equality with regard to person concerned.

ii. Corrective or Rectificatory or Commutative Justice

→ This type of Justice is required in cases where one individual acts against other in such a
way

• that the Agent gains and the Victim suffers

→ In this case the Judge takes 'gain' from the agent and return it to the victim, thus restoring

equality:

-The Agent is punished


- The Victim is compensated.

→ The need for this type of Justice arises in two cases :

•Out of Voluntary Act : Buying, Selling. Lending eteOS

•Out of Involuntary Act : Theft, Poisoning, Murder, Assault etc

→ In this type of Justice Strict Equality before law is followed:

- While awarding Penalty or Compensation, Character of the individual is not

considered or taken into account.

- Law only looks at the nature of Damage caused.

- Equality without regard to the person concerned.

Here Arithmetic Proportion is followed

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