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Comparative Study of Justice in Christianity and Islam

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Comparative Study of Justice in Christianity and Islam

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estherabosede04
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1

COMPARATIVE STUDY OF JUSTICE IN CHRISTIANITY AND ISLAM

Fairness, equity, and moral uprightness are guided by the universal concept of

justice, which is at the core of both religious and societal norms. Justice is not only

central to the religious teachings of both Islam and Christianity, but it also reflects the

will of God and influences how people and communities interact.

This chapter delves into the complex nature of justice, looking at its many

manifestations and its essential function in promoting peace and harmony in societies.

It also explores the importance of social justice, emphasizing how both religions place

a strong emphasis on defending the weak and advancing equality. Additionally,

considering the role of justice in various religious traditions provides a wider

viewpoint, proving its global applicability. This chapter examines the concepts and

applications of justice in Islam and Christianity in order to highlight their shared

dedication to establishing a fair and just society while also highlighting the distinctive

contributions of each religion.

2.1 Justice

2.1.1 Introduction to Justice

The idea of justice in light of both Christian and Islamic teaching is the focus

of the current comparative study. One of the most significant issues for discussion in

the many branches of human knowledge is justice, which is also one of the central

beliefs of monotheistic religions. Various contexts, including society, politics, law,

economics, culture, theology, ethics, and philosophy, are used to discuss the issue of

justice. The concept and examples of justice that are pertinent to each situation are the

main topics of discussion. In the context of society, the issue of justice assumes

particular significance. As a result, justice has a special position in sociology and

politics. This is evident from the fact that Plato's Republic opens with a discussion on
2

justice. After explaining the various conceptions of justice that were prevalent in his

day, Plato presents the one that he believes to be right.1 The topic of justice is also

addressed by Aristotle in his Nicomachean Ethics. A major theme in Islamic religious

writings and the Christian's writings is the idea of justice and the just human being.

2.1.2 Conceptualization of Terms

To better understand some of the concepts used in this study, some of them are

defined.

RIGHTS: This refers to the fundamental human rights of people worldwide or the

essential entitlements of every person in a certain state. These rights include: right to

life, right to liberty, and freedom of expression amongst others.

ETHICS: The moral perspective on what is good or evil in a given culture is known

as ethics. It has to do with how individuals behave in a given culture and how they see

right and wrong; they believe that what is right is good and what is wrong is bad.

EQUALITY: The study defines equality as the absence of discrimination based on a

person's sex, race, health, religion, marital status, age, culture, sexual orientation, or

family structure. It is the fair and equitable treatment of objects or individuals with the

same status.

CONSTITUTION: The foundation of a state or the body of rules of a government is

known as its constitution.

FAIRNESS: Fairness is also the ability to make impartial, dispassionate, objective,

just, impartial, equitable, and unprejudiced decisions and judgements.

2.1.3 Historical Perspective to Justice

The concepts of societal stability, interdependence, and equal dignity are the

cornerstones of justice. The most fundamental premise of justice is that "equals

should be treated equally and unequals unequally," which has been widely recognised
1.Aristotle (1998). The Nicomachean Ethics. Translated by David Ross. Oxford: Oxford University
Press.
2.Plato (1998). Republic. Translated by Robin Waterfield. Oxford: Oxford University Press
3

since Aristotle first articulated it more than 2,000 years ago. Because proportion made

sure that each component got what it deserved, the Pythagoreans associated justice

with geometrical proportion. The stability of a society or any group, for that matter

depends on how much its members believe they are receiving fair treatment, as

ethicist John Rawls has noted. According to Rawls, a community's members are

interdependent and will only maintain social cohesion to the degree that its

institutions are fair. Furthermore, human beings are equal in this regard, as noted by

philosopher Immanuel Kant and others: they all possess the same dignity, and as such,

they should be regarded as equals. People's basic human dignity is breached if they

are treated unfairly based on arbitrary and irrelevant features. However, there are a lot

of distinctions that we believe are acceptable grounds for treating people differently.

However, there are additional standards that we feel are not acceptable justifications

for treating individuals differently3.

2.1.4 The Basis of Justice

Conscience is the basis of justice. It is the composition of moral and ethical

precepts that govern, restrain, or condemn a person's behaviour. A man's conscience

helps him identify his inner voice, which speaks justice and distinguishes between

right and wrong, good and evil. In some circumstances, this conscience also causes a

man to treat other people the way he wishes to be treated. Ethics are central to most

legal systems. Questions of human morality, including good and evil, right and wrong,

and virtue and vice, are answered by ethics. Justice is a concept of moral rightness

that is grounded in religion, natural law, ethics, reason, equity, fairness, and the

application of the law. In some cases, the country must enact laws against conscience

that may be essential to the country's interests. In the United States, for instance, it is

not uncommon for American courts to wrongfully arrest, jail, and torture Americans

3.Damtew B. 2019. Justice in Research: History, Principle and Application (A Literature Review)
4

as part of the nation's fervent war on terrorism. The United States' human rights

violations are justified by the war on terrorism.4

2.1.5 What is Justice?

According to one definition, justice is a complicated and multidimensional

idea that can mean different things to different people. It entails evaluating how

equitable relationships are between people and groups, and it is frequently linked to

concepts like "desert" (receiving what one deserves), equality, justice, and moral

righteousness. The subjective process of defining justice is dynamic and subject to

change over time and in various settings. Justice encompasses more than simply the

law because it also takes into account social ties and the general well-being of the

community.5

2.1.5 The Role of Justice

According to John Rawls, fairness is the "first virtue" of social institutions,

just as truth is for philosophical systems. This highlights the fundamental significance

of justice in these organisations. He stresses that if a hypothesis is proven to be false

or unfair, it must be disproved or changed, regardless of how beautiful or effective it

may be. This creates a moral framework in which society welfare and other factors

are subordinated to justice. According to Rawls, the greater good of society cannot

supersede the inviolability that each individual enjoys, which is based on fairness.

According to this theory, the advantages received by some people cannot outweigh

the loss of freedom experienced by others. The rights that come with equal citizenship

are regarded as unchangeable and unassailable in a just society. He goes on to say that

justice establishes fundamental rights and obligations as well as the proper allocation

of advantages and disadvantages within a community. This entails giving serious

thought to how important social structures—like the political constitution, economic


4. Oluwabusayo, T. W. (2018). The variations of the concept of justice: An analysis. KIU Journal of
Humanities, 3(2), 297–304. Kampala International University.
5. Hurlbert, M. A., & Mulvale, J. P. (n.d.). Pursuing justice.
5

agreements, and social systems—distribute basic rights and obligations. According to

Rawls, these institutions have a crucial role in determining people's expectations and

life prospects. Furthermore, he emphasizes that the idea of justice needs to be

evaluated in light of its wider implications for societal stability, efficiency, and

coordination in addition to its distributive function. Maintaining social order and

enabling mutually beneficial agreements require a vision of justice that encourages

trust and collaboration among people. Therefore, even if justice is a fundamental

virtue, its administration must take into account the broader effects it has on

institutional integrity and social interactions. In conclusion, Rawls's analysis of the

function of justice emphasises how important it is to creating a just and equal society

in which people's rights are upheld and the allocation of resources and obligations is

carried out in a way that fosters social cohesion and stability.6

6.Plato 1974 The Republic. Translated by Desmond Lee. England: Penguin Books Ltd.
6

2.2 Forms of Justice

The word "justice" can mean different things. For various individuals and

civilization, the idea of justice might signify different things. Numerous academics

and philosophers have also developed varying interpretations of this idea of justice.

Regarding the idea of justice, there is no one pattern; instead, diversity of thought is

the norm. For example, some Islamic scholars and some nations view the practice of

female genital mutilation as acceptable and even encouraged, while other scholars and

nations view it as a cultural practice that is not only clearly a violation of human

rights but also unethical and extremely harmful to the victims of such an unjust act1.

2.2.1 Natural Justice

The term refers to divine law and divine justice, and the doctrine of natural

justice embraces the principles and rules of justice and fairness that require those in

positions of authority and those who have the power to make decisions that affect

other people to act impartially and fairly in good faith and give the person a chance to

be heard and present his case adequately. The foundation of natural justice principles

is the right to have one's voice heard by an unbiased arbiter. Justice is being impartial

and/or disinterested in the issue at hand; it must be done and perceived as such, and

the final conclusions must be supported by reasoned arguments. Trust in the legal

system and courts is justice7.

Hugo Grotius, a Dutchman who was born in Delft, Holland, between 1583 and

1645, is credited with establishing what is now known as natural law or the rule of

nature. He is known as the father of both the law of nations and the law of nature

because of his role in the development of natural law. Prior to Grotius, there was a

widely held belief that, in addition to positive law—which is law that has been

7. Oluwabusayo, T. W. (2018). The variations of the concept of justice: An analysis. KIU Journal
of Humanities, 3(2), 297–304. Kampala International University.
7

established by state legislation or custom—there also existed another law that had its

origins in human reason and could be considered without any prior knowledge of

positive law. This rational law was referred to as natural law or the law of nature. Dr.

Ezejiofor claims that the Stoics were the first to systematically establish the idea of

natural law following the dissolution of the Greek City States. To the Stoics, natural

law was universal because it applied to everyone in the cosmopolis, not just the

people of particular states. This law embodied the fundamental justice principles that

are visible to the naked eye and was superior to all positive laws. This natural law is

the source of fundamental rights, also known as natural rights, which are moral rights

that all people should enjoy at all times and everywhere just because we are moral and

rational creatures in contrast to other beings. These rights cannot be taken away from

anyone without seriously violating the rule of law. Therefore, the common law's

minimal standards for fair decision-making for individuals and organisations

obligated to act judicially are related to the principles of natural justice, which are a

component of natural law8. The two fundamental concepts of audi alterem partem and

nemo judex in causa sua represent the tenets of natural justice.

Audi Alterem Partem

One of the twin foundations of natural justice is the principle of audi alterem

partem, or hear both sides. Its main goal is to provide a person the chance to be heard

before he loses his freedom, rights, or property due to whatever wrongdoing or crime

he has committed. The majority of the first documented instances when the rule was

used involved judges' summary proceedings. According to the court's ruling in R. v.

Dyer, serving a summons on the party in question is a prerequisite for the legitimacy

of such proceedings in criminal cases as well as applications for the issuance of

distress, warrants, and orders for the imposition of taxes and other charges by public

8. Odeleye, D. O. "The Doctrine of Natural Justice under Civil and Military Administrations in
Nigeria." Journal of Politics and Law, vol. 6, no. 2, 2013, pp. 231. ISSN 1913-9047, E-ISSN
1913-9055. Published by Canadian Center of Science and Education.
8

authorities on their subjects. This was also pointed out in Harper v. Carr. Throughout

the nineteenth century, the application of audi alterem partem inevitably expanded to

cover topics like arbitrators' conduct. To incorporate professional associations in the

case of Re-Brook to include professional bodies and voluntary organisation in

carrying out their disciplinary duties in the Debbis v. Lloyd case; each tribunal or

group of individuals with the power to decide cases involving civil consequences; and,

lastly, to individuals in the Wood v. Wood decision. However, the best known

statement of the doctrine of audi alterem partem in the administration of English law

was formulated by the House of Lords exercising its appellate function of a

government department in the case of Board of Education v. Rice, where Lord

Loreburn L.C. held as follows2:

Comparatively recently, statutes have extended, if they have not

originated, the practice of imposing upon departments of officers of

state the duty of deciding or determining questions of various kind. In

the present instance, as in many others, what comes for determination

is sometimes a matter to be settled by discretion, involving no law. It

will, I suppose, usually be of an administrative kind; but sometimes it

will involve matter of law as well as matter of fact, or even depend

upon matter of law alone. In such cases they must act in good faith

and fairly listen to both sides for that is a duty lying upon everyone

who decides anything. But I do not think they are bound to treat such

a question as though, it were a trial … they can obtain information in

any way they think best always giving a fair opportunity to those who

are part in the controversy for correcting any relevant statement

prejudicial to their views.

8. Odeleye, D. O. "The Doctrine of Natural Justice under Civil and Military Administrations in
Nigeria." Journal of Politics and Law, vol. 6, no. 2, 2013, pp. 231. ISSN 1913-9047, E-ISSN
1913-9055. Published by Canadian Center of Science and Education.
9

Nemo Judex in Causa Sua

The rule against bias, which is the second of the twin pillars of the natural

justice principle, is another name for this idea, which literally translates to "don't be a

judge in your own cause." This rule, which is primarily focused on impartiality,

prohibits an umpire from making assumptions about the person who is on trial before

any tribunal. One of the obvious ways that bias might occur is when the umpire has a

direct financial stake in the issue at hand. In this situation, he should refer the problem

to an impartial arbiter, as demonstrated in the Dimes v. Grand Junction Canal case

which set aside the decision of the Lord Chancellor who was a shareholder in the

company appearing before him. An umpire may nevertheless be cleared on the

grounds of bias even if he has no financial stake in the outcome of the dispute.

Accordingly, a solicitor was involved in R. v. Sussex Justices, Ex parte McCarthy . a

solicitor was functioning as clerk to the Justice in the hearing of a traffic offence,

following a collision and his business was supposed to act for the other party to the

accident in civil proceedings.8 Lord Hewart, C.J. held that: It is of fundamental

importance that justice should not only be done, but should manifestly seen to be done.

2.2.2 Constitutional Justice

One of the fundamental tenets of the rule of law is the supremacy of the

constitution, which is established by the oversight of the legality of the laws. Kelsen's

theory (1918), a jurisdictional body in the American system and a distinct and

specialised body in the European one are responsible for controlling the legality of the

law. In view of the growing activity of constitutional jurisdiction, the specific

literature emphasises that both models of constitutionality control of the laws strive

towards the same objective. Constitutional courts (France, Croatia, Hungary, Bulgaria,

Italy, Russia, Austria, Slovenia), constitution courts of law (Spain, Switzerland,

8. Odeleye, D. O. "The Doctrine of Natural Justice under Civil and Military Administrations in
Nigeria." Journal of Politics and Law, vol. 6, no. 2, 2013, pp. 231. ISSN 1913-9047, E-ISSN
1913-9055. Published by Canadian Center of Science and Education.
10

Poland, Portugal), or judicial bodies with attributions also concerning the

constitutionality control (USA, Norway, Greece, Cyprus, Finland, Denmark, Sweden)

serve as a counterweight between the three State powers, meaning that such an

institution does not belong to the executive, legislative, or judicial power, which

allows the constitutional jurisdiction to act plenipotentiary on them in accordance

with the letter and the spirit of the fundamental law.9

Basic rights

To ensure peaceful coexistence of the people and arrive at justice, the basic rights of

the citizens must be protected and entrenched in the constitution. The fundamental

human rights of the citizens must be protected.

Freedom of Expression

In general, freedom of expression refers to everyone's ability to freely discuss

topics, express their thoughts, and share ideas without hindrance, fear of repercussions,

or limitations. Without a doubt, everyone who is not subject to any form of bondage

because of a disability has the right to enjoy it. The desire and independence of a

person to hold an opinion and express it to a listener of his choosing is a fundamental

aspect of all human societies, including Nigeria. This is due to the fact that everyone

has the right to view the world, the events surrounding them, and the people they

contact with from a particular point of view. In fact, if it were impossible to express

one's thoughts or share one's point of view with others in the community, true

freedom would be elusive. Thus, one of the fundamental components of any

democratic society is the right to free speech. Therefore, Nwabueze argues that free

speech and a free press are tools for popular self-government because they allow

people to become knowledgeable about governmental issues and form and express

well-informed opinions about them. He comes to the conclusion that democratic


9. Moroșteș, Anca-Florina, and Narcisa-Mihaela Stoicu. "Constitutional Justice." Journal of Legal
Studies, vol. 19, no. 33, 2017, pp. 135-142. Vasile Goldiș Western University of Arad. ISSN
2457-9017; Online ISSN 2392-7054. Available at: publicatii.uvvg.ro/index.php/jls.
11

governance requires the open exchange of ideas and opinions. It is also believed that

freedom of expression is essential to the advancement of humanity and society. In

Handyside, the European Court of Human Rights upheld this stance, ruling that one of

the fundamental tenets of a democratic society and a prerequisite for its advancement

and growth is the right to freedom of expression10.

Right to Privacy

The Universal Declaration of Human Rights, [1948] Article 12 states that:

“No one shall be subjected to arbitrary interference with his privacy, family, home or

correspondence, nor to attacks upon his honour and reputation. Everyone has the right

to the protection of the law against such interference or attacks.” In a similar tone the

International Covenant on Civil and Political Rights [1966] [ICCPR] affirms in

Article 17 that: 1. No one shall be subjected to arbitrary or unlawful interference with

his privacy, family, home or correspondence, nor to unlawful attacks on his honour

and reputation. 2. Everyone has the right to the protection of the law against such

interference or attacks.

The right to a private life is connected to human dignity and personal

autonomy as it derives from the right to be let alone. It is the right of people to live to

the exclusion from public perlustration and the ability to control the boundaries of

public interference. In other words the right of privacy allows the individual to live a

fulfilled life. Confidential communications, email and internet use, medical records,

personal information, eavesdropping, sexual orientation, and individual lifestyles are

just a few of the many topics covered by the right to privacy. Six elements make for

privacy, according to Solove4: [1] individual liberty; [2] restricted access to oneself;

[3] privacy; [4] handling of private data; [5] the right to one's own identity; and [6]

connection. After removing these factors, it is evident that privacy is only significant

10.Udofa, Imo J. "Right to Freedom of Expression and the Law of Defamation in Nigeria."
International Journal of Advanced Legal Studies and Governance, vol. 2, no. 1, April 2011, pp. 75-84.
12

when it aims to safeguard an individual's rights that they desire to keep secret, such as

occurrences that are not supposed to be public knowledge. Simply put, the right of

privacy is considered as any activities that are intended to be excluded from the

knowledge of others.11

Equality Before the Law

According to the idea of equality before the law, everyone should be subject to

the same laws; in other words, nobody is above the law. Many modern constitutions

are based on this concept, which is also one of the interpretations of the ambiguous

term "rule of law." It is generally accepted as a fundamental component of an

equitable and just legal system. "The great aim of the struggle for liberty has been

equality before the law," according to Friedrich Hayek, who considered it the most

important component of free society. The rule of law ought to work. Before the law,

the ruled and the ruling need to be on an equal footing. In his book, Allan claims that

the "first principles" of constitutional justice are the separation of powers and the rule

of law. He maintained that equality before the law and a rigorous division of powers

between the branches of government were essential. He contends that the law must be

enforced equally such as it cannot place unfair obligations on certain persons while

leaving others unjustified without a rational explanation that upholds the dignity of

every citizen and advances the common welfare. Additionally, he maintained that

laws need to be universal and ought to apply to both private persons and state

servants.12

Judicial Independence

Regardless of anything in the constitution to the contrary, Section 6(6)(a)

states that the judiciary's judicial powers encompass all inherent powers and

punishments of a court of law. This demonstrates how crucial the judiciary's authority
11. Olomojobi, Yinka. "Right to Privacy in Nigeria."
12. Acemoglu, Daron, and Alexander Wolitzky. "A Theory of Equality Before the Law." NBER
Working Paper Series. National Bureau of Economic Research.
13

is, as nothing can take away the court of law's authority and penalties. Furthermore,

judicial power would encompass all disputes between individuals, or between the

government or authority and any individuals in Nigeria, as well as all actions and

proceedings associated with them, in order to resolve any issue regarding that

individual's civil rights and obligations. The idea of judicial independence is that a

judge should make decisions based on the law, facts, and impartiality rather than on

personal preference, fear, the whims of the legislature or executive branch, or the

results of the most recent opinion poll. Additionally, laws and regulations protect

judicial independence. Judges must adhere to strict ethical standards and abstain from

sitting on matters where their objectivity would be called into question. Judges who

violate these codes may be disciplined by judicial discipline commissions and the

courts.13

2.2.3 Economic Justice

The premise that a more prosperous economy results from treating all market

participants fairly and equally is the foundation of the concept of economic justice. A

just society is guided by the universal principle of justice, which is the act of giving

everyone their due. A just society is one in which everyone is treated equally and

receives equally from society's resources. A component of social justice is economic

justice. A society's social structure is shielded against income inequality and other

types of economically limiting forces by the interaction of economic, social, and

cultural rights with the attainment of economic justice. Economic justice is a social

justice concept that explains how people behave when it comes to allocating limited

13. Ononye, Ifeoma Uchenna, Oguekwe, Udoka Dennis, and Oguekwe, Adaeze Udeze. "Independence
of the Judiciary: The Nigerian Experience." Journal of Public and Private Law, UNIZIK, vol. 10, 2020.
14. Ugwu, Ukamaka Nnenna. "An Appraisal of Economic Justice in Nigeria." IDOSR Journal of Arts
and Humanities, vol. 6, no. 1, 2021, pp. 66-71. ISSN: 2579-0773.
15. Plato, The Republic, trans. Benjamin Jowett (New York: Modern Library, 2000), 352d.
14

resources. It displays a society's economic inclinations. Laws of demand, declining

returns, and others are examples of economic laws. Legally speaking, social justice

strives for the understanding that, irrespective of the court system, every member of a

society has equal access to its resources and riches. Economic justice can only be

achieved on the foundation of strong legal systems. The institution of courts and the

entire judicial system is referred to as the judicial structure. A political institution is

the judicial system. In democracies, the legislative and executive branches are part of

a tripartite structure of government. It is a check and balance system's third tier.14

2.2.4 Corrective and Distributive Justice

As Aristotle first defined it, corrective justice is a ‘transactional’ justice, a

justice that deals with the fairness of interactions between individual persons. As

Aristotle tells us:

The just in transactions...though it is a sort of equality (and the unjust a sort of

inequality), accords with numerical proportion, not with the [geometrical] proportion

of the other species [distributive justice]. ...the law looks only at the differences in the

harm [inflicted], and treats the people involved as equals, if one does injustice while

the other suffers it, and one has done the harm while the other has suffered it.15

This text is significant because it emphasizes what could be referred to as the

area of corrective justice, even though its main goal is to differentiate between

distributive and corrective justice. Corrective justice emphasizes interpersonal

connections, as the passage makes evident. Therefore, corrective justice is a bipolar or

interpersonal justice. Corrective justice questions are addressed by analyzing how

13. Ononye, Ifeoma Uchenna, Oguekwe, Udoka Dennis, and Oguekwe, Adaeze Udeze. "Independence
of the Judiciary: The Nigerian Experience." Journal of Public and Private Law, UNIZIK, vol. 10, 2020.
14. Ugwu, Ukamaka Nnenna. "An Appraisal of Economic Justice in Nigeria." IDOSR Journal of Arts
and Humanities, vol. 6, no. 1, 2021, pp. 66-71. ISSN: 2579-0773.
15. Plato, The Republic, trans. Benjamin Jowett (New York: Modern Library, 2000), 352d.
15

people interact with one another rather than by focusing on individuals or societies as

a whole. Consequently, to maintain that tort law is a system of corrective justice

would be to maintain that certain parts of tort law must be explained in an

interpersonal manner. Aristotle's description of the field of corrective justice is

fundamental to the tradition of corrective justice studies, even though later theorists

have, of course, had a somewhat different understanding of it. For instance, it can be

found in the writings of renowned natural lawyers like Pufendorf, Grotius, and

Thomas Aquinas. Theorists like Thomas Hobbes were also impacted by it. And it's

still common now. The theory of corrective justice states that although it outlines how

injustice ought to be rectified, it must also be true that the wrong is interpersonal in

nature. In other words, the type of violation that corrective justice addresses must

match the framework of corrective justice.16

Distributive justice clearly illustrates a just distribution of goods, dues,

and even burdens among people within a society or community. Often referred

to as social justice in contemporary times, distributive justice forms the basis of

welfare schemes and the political, cultural, and economic rights of people

around the world. Distributive justice is the master normative category that has

regulative authority over all kinds of social institutions of the society especially

legal institution. The distributive principle of justice forms the foundation of

several laws within the legal framework of a society however Scheffler (2015)

argued that a just principle of distribution alone is incapable of providing the

necessary foothold to equity and fairness to sustain a stable society. 17

16. Beever, Allan. "Corrective Justice and Personal Responsibility in Tort Law." Oxford Journal of
Legal Studies, vol. 28, no. 3, 2008, pp. 475–500. doi:10.1093/ojls/gqn017.
17. Scheffler, S. 2015. “Distributive Justice, the Basic Structure and the Place of Private Law”. Oxford
Journal of Legal Studies. 35(2), 213-235
16

2.2.5 Political Justice

Political justice serves as a foundational principle in political philosophy,

addressing the fair distribution of power, resources, and responsibilities within a state.

Plato viewed justice as a harmonious order where individuals and classes perform

roles best suited to their abilities, ensuring societal balance18. Aristotle expanded this

by distinguishing between distributive justice, which emphasizes fairness in resource

allocation, and corrective justice, which rectifies inequalities19. In modern times, John

Rawls proposed justice as fairness, advocating for equal basic liberties and addressing

inequalities to benefit the disadvantaged20. In contrast, Robert Nozick emphasized

individual rights and minimal state intervention, arguing against redistributive

policies21. Political justice is practically realized through governance frameworks that

promote the rule of law, equality, and accountability. Montesquieu's principle of the

separation of powers prevents the concentration of authority, ensuring checks and

balances, while A.V. Dicey linked political justice to equality before the law. Scholars

like Amartya Sen emphasize democratic participation and political freedoms as tools

for achieving justice, empowering citizens to challenge systemic injustice. Effective

political justice requires equitable laws, protection of rights, and institutions that

uphold fairness and transparency. However, challenges to political justice persist,

including corruption, inequality, and abuse of power. Systemic economic disparities

undermine distributive justice, disenfranchising marginalized groups. On a global

scale, Martha Nussbaum's Capabilities Approach argues for extending justice beyond

national boundaries, ensuring basic conditions for human development worldwide.22

18. Plato, The Republic, trans. Benjamin Jowett (New York: Modern Library, 2000), 352d.
19. Aristotle, Nicomachean Ethics, trans. W.D. Ross (Oxford: Oxford University Press, 2009), 1131a-b.
20. John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971), 60-70.
21. Robert Nozick, Anarchy, State, and Utopia (New York: Basic Books, 1974), 149.
22. Martha Nussbaum, Creating Capabilities: The Human Development Approach (Cambridge:
Harvard University Press, 2011), 33-45.
17

2.3 Social Justice

A basic idea that aims to guarantee equality and fairness in society is social

justice. It is acknowledged as a fundamental goal of the Nigerian Constitution, which

seeks to ensure that all citizens get social, economic, and political justice. The

Constituent Assembly's vision, which emphasized the significance of social justice in

the administration of an independent nation, is reflected in this commitment. The

ability to advance the welfare of the populace and create a social order in which

fairness permeates all governmental institutions is the fundamental component of

social justice. The need to eradicate disparities in opportunities, resources, and

position lies at the core of social justice. By ensuring that everyone has equal access

to justice and opportunities, this emphasis on equality promotes an inclusive society.

Additionally, social justice entails striking a careful balance between defending

individual legal rights and promoting the broader benefit for a greater number of

people. This dual focus is essential to guaranteeing that individual rights are upheld

while the needs of the majority are satisfied. Furthermore, social justice is presented

as an all-encompassing idea with political, social, and economic facets. While

acknowledging their interdependence, it is crucial to separate social justice from its

constituent parts. The concept of social justice is dynamic and needs to change to

reflect the reality of modern society, the text further emphasizes. This flexibility

guarantees social justice's relevance in addressing the issues that people and

communities face by enabling it to respond to the changing demands and necessities

of the times. To sum up, social justice is an essential idea that seeks to build a just and

equal society. Social justice is essential to creating a just society because it recognises

individual rights, eliminates disparities, and advances the welfare of all citizens. Its

all-encompassing and dynamic character guarantees that it will always be relevant in

23. Justice Srinath Sahay, "Social Justice," J.T.R.I. Journal 2, no. 4 & 5 (March 1996): 1-4, published
by the State Law Commission, Uttar Pradesh.
18

tackling today's social concerns, thereby enhancing the community's general well-

being.23

2.3.1 Principles of Social Justice

Access

The foundation of social justice is resource accessibility. Unfortunately,

because of things like socioeconomic position, education, employment, and

environmental circumstances, access discrepancies still exist across communities. For

example, education can lead to economic mobility, greater employment prospects,

and higher incomes. Lack of access to equitable, high-quality education limits

prospects for future generations and feeds the cycle of poverty, low-paying jobs, and

unemployment. Increasing access to essential resources that influence community

well-being, education, and health can be achieved by closing this gap. Offering free

public education to remove financial barriers brought on by economic disparities is

one way to address these imbalances at a larger level of public policy. Additionally,

the quality of education in underprivileged communities can be improved by putting

in place more equitable funding mechanisms for necessary resources, ultimately

leveling the playing field and fostering greater social justice.24

Equity

Although the phrases equality and equity are sometimes used interchangeably,

they refer to different ideas. Equity acknowledges that different people may need

differing amounts of resources and effort to accomplish a shared objective. For

example, certain students may require more assistance and educational resources than

their counterparts when obtaining a college degree. Equitable resources that are

adapted to the particular requirements of people and communities are essential for

23. Justice Srinath Sahay, "Social Justice," J.T.R.I. Journal 2, no. 4 & 5 (March 1996): 1-4, published
by the State Law Commission, Uttar Pradesh.
19

promoting social justice and guaranteeing equal possibilities for achievement. In order

to promote justice, certain measures must be implemented to remove structural

obstacles. For instance, promoting inclusive education and hiring more teachers to

accommodate children' individual needs are crucial first steps in building a society

that is more just and equal.24

Diversity

When public officials accept and value the diversity among different groups,

they may better create policies that meet the interests of every person. Effective

policy-making necessitates identifying the causes of obstacles and formulating

solutions. Administrators can increase opportunities and enhance access across sectors

by appreciating cultural differences and comprehending diversity. For example,

providing written resources in many languages and diversifying administration helps

improve access to healthcare. Policies that forbid prejudice based on race, gender,

gender identity, religion, marital status, sexual orientation, age, physical ability, and

other personal characteristics might also lessen workplace discrimination. These

actions are essential to building a society that is more equal and inclusive.24

Participation

In order to achieve social justice, people must be given the chance to actively

influence the laws that affect their welfare. Even the most well-meaning public

managers run the risk of enacting discriminatory policies if they don't have inclusive

representation because they will fail to consider other viewpoints and voices. A small

number of people in influential positions within the government frequently control the

creation of policies. Public administrators should consciously include representatives

24. Kent State University Public Administration Blog. "The Five Principles of Social Justice."
Accessed December 17, 2024.
20

of under-represented groups in the decision-making process in order to remedy this.

They can also motivate these advocates to look for permanent, long-term roles,

guaranteeing that a range of viewpoints are regularly included in the formulation of

public policy.24

Human Right

Human rights are fundamental to every person, regardless of socioeconomic

background, and this is arguably the most significant principle in this discussion.

Social justice and human rights are inextricably linked; one cannot exist without the

other. These rights are embodied in this nation's laws that guarantee criminal justice,

freedom of speech, voting rights, and other fundamental rights.24

24. Kent State University Public Administration Blog. "The Five Principles of Social Justice."
Accessed December 17, 2024.
21

2.4 The Place of Justice in Other Religions

The virtue of justice is ingrained in religious traditions all throughout the

world and transcends societal conventions. According to religious traditions, justice is

a divine decree that embodies the will and nature of the Almighty rather than merely

being a law or moral code. Religious traditions place a strong emphasis on justice as a

way to bring peace, fairness, and order to human relationships - both between people

and their Creator. Every religious tradition takes a different stance on justice, relating

it to moral duties, social life, and spiritual teachings. Many faiths emphasize justice's

role in establishing a just society and use it as a guide for individual conduct,

governance, and conflict resolution. Justice is viewed as the way to truth and the

foundation of social and spiritual well-being in both religious scriptures and oral

traditions. This essential justice principle displays its timeless relevance and

unwavering dedication to fostering harmony and coexistence.

2.4.1 Justice and Religion: Buddhism

This section titled "Justice and Religion: Buddhism" explores the complex

connection between the pursuit of social justice and Buddhist philosophy. It

emphasizes Buddhism's core teachings, the moral obligations they involve, and the

initiatives taken by different Buddhist leaders to address current societal challenges.

The teachings of Siddhartha Gautama, also referred to as the Buddha, who described a

way to be freed from suffering (duhkha), are the foundation of Buddhism. Ideas like

impermanence (anatman), karma, and interconnection (pratitya-samutpada) are

fundamental to this philosophy. The Buddhist view of justice and moral behaviour is

shaped by these concepts, which imply that all beings are interconnected and that

deeds have moral repercussions. Because all life is interconnected, it is highlighted


25. Keown D (2000) Buddhism: a very short introduction. Oxford University Press, New York
26. Sivaraksa S (2005) Conflict, culture, change: engaged Buddhism in a globalizing world. Wisdom
Publications, Boston
22

that each person's actions can have a significant impact, which encourages a sense of

accountability towards others and the environment.25

Buddhism places a strong emphasis on personal responsibility for one's deeds.

Suffering is seen as the outcome of past actions, which gives rise to the idea that

people suffer as a result of their choices. Because it suggests that pain is a normal

result of one's karma, this interpretation makes the idea of injustice more difficult to

accept. Because some people may view injustices as the product of individual

behaviour rather than systemic problems, this viewpoint may lessen the urgency with

which social inequities need to be addressed. This philosophical position brings up

significant issues about the definition of justice and how social systems either

exacerbate or lessen suffering. Numerous Buddhist leaders and activists have

attempted to apply Buddhist precepts to current situations in response to the

difficulties posed by social injustice. Renowned Vietnamese Zen master Thich Nhat

Hanh promoted a political settlement to the Vietnam War, highlighting the importance

of compassion and nonviolence in bringing about peace. His teachings inspire

practitioners to take an active role in the world and approach social concerns with

empathy and understanding.26 In a similar vein, the Fourteenth Dalai Lama has

demonstrated how Buddhist teachings can be applied to actual conflicts by advocating

for the concept of ahimsa, or nonviolence, in his attempts to bring the Tibetan people

and the People's Republic of China together. These figures are prime examples of

how social activity may be informed and motivated by Buddhist thought. The section

emphasizes how Buddhist philosophy can support a more comprehensive

understanding of world justice that takes into account obligations, consequences,

virtues, and equity. As Buddhist teachings promote the well-being of all sentient

25. Keown D (2000) Buddhism: a very short introduction. Oxford University Press, New York
26. Sivaraksa S (2005) Conflict, culture, change: engaged Buddhism in a globalizing world. Wisdom
Publications, Boston
23

creatures, extending ethical considerations beyond human concerns, this includes a

dedication to environmental justice.27

Buddhism's historical evolution, especially its emphasis on monasticism, has

occasionally hampered its participation with societal challenges, despite its ability to

advance social justice. Because of the early Buddhist community's focus on personal

freedom, some people may become disengaged from social inequalities because they

see them as inevitable byproducts of karma rather than problems that need to be

actively addressed. Furthermore, the idea of Bodhisattvas—beings dedicated to the

emancipation of all sentient beings—can occasionally lessen the significance of

resolving current social inequities. For modern Buddhists attempting to negotiate the

difficulties of justice in a contemporary setting, this conflict between personal

spiritual aspirations and group social obligation is a problem. Buddhism offers a

comprehensive framework for comprehending and promoting justice. It draws

attention to the difficulties and complexities involved in applying Buddhist teachings

to current social situations, highlighting the necessity of striking a balance between

personal freedom and group accountability. The initiatives of active Buddhists show

how Buddhism may make a significant contribution to the worldwide movement for

social justice.28

2.4.2 Justice and Religion: Confucianism

This section "Justice and Religion: Confucianism" looks at the unique aspects

of Confucian philosophy and how it relates to morality and justice in both social and

personal circumstances. Based on the teachings of Confucius (551–479 BCE),

Confucianism prioritizes the formation of moral character, harmonious relationships,

27. Mitchell DW (2008) Buddhism: introducing the Buddhist experience. Oxford University Press,
New York
28. Myers, Todd Eric. "Justice and Religion: Buddhism." In Encyclopedia of Global Justice, edited by
Deen K. Chatterjee, 2011. Springer Science+Business Media B.V. DOI: 10.1007/978-1-4020-9160-5.
24

and virtue cultivation over the existence of supernatural creatures or divine beings.

The idea that justice is connected to the development of virtue and the welfare of the

community is fundamental to Confucianism. Confucius emphasised the

interdependence of people within a social fabric and advocated for a moral code that

places a high value on empathy, respect, and accountability. Fostering a sense of duty

towards family, society, and the state while striking a balance between individual

interests and the common good is the essence of Confucian justice. Since it is

believed that people can become better via learning and introspection, education and

self-cultivation are essential to reaching moral excellence. By encouraging

characteristics like benevolence (ren), righteousness (yi), and propriety (li), this

emphasis on education seeks to promote both beneficial contributions to society and

personal growth. Confucianism promotes a system of government that reflects its

moral values, with moral leaders setting an example and promoting a society that

upholds moral values.

This "rule by virtue" idea positions justice as a moral requirement directing leaders'

duties and implies that legitimate authority originates from moral integrity rather than

force. Confucian ideas can be difficult to adapt to modern justice challenges, though.

Critics contend that the focus on filial piety and rank could provide as justification for

oppressive systems and societal injustices. Individual rights and protest against

injustice are called into question by the traditional emphasis on loyalty to the state and

family. There is constant discussion about how to integrate Confucianism with current

democratic norms and ideas of equality and justice. The part concludes by

highlighting the complex ethical framework of Confucianism for comprehending

justice, with a focus on the development of virtue, the significance of relationships,

and the moral obligations of leaders and individuals. Confucian values continue to be

29. Seok B. "Justice and Religion: Confucianism." In Encyclopedia of Global Justice, edited by Deen
K. Chatterjee, 2011. Springer Science+Business Media B.V. DOI: 10.1007/978-1-4020-9160-5.
25

pertinent in discussions of ethics, governance, and social justice even as they change

to meet contemporary issues.29

2.4.3 Justice and Religion: Daoism

The "Justice and Religion: Daoism" section examines the intellectual

underpinnings of Daoism and how they relate to justice and moral conduct. With its

ancient roots, Daoism places a strong emphasis on living in accordance with the Dao

(the Way), the fundamental idea that underpins and binds everything in the cosmos.

This school of thought promotes a naturalistic outlook on life and exhorts people to

synchronise their rhythms with those of the universe and nature. The concept of wu

wei, or "non-action," is fundamental to Daoist philosophy. It does not mean total

passivity but rather an effortless, spontaneous action that is in balance with the natural

order.30 This idea motivates people to behave in a way that is consistent with both

their actual selves and the nature of the environment they live in, encouraging a sense

of balance and harmony in both personal and social contexts. Compared to stricter

juridical systems, Daoism provides a distinctive viewpoint on justice. It highlights the

value of kindness, modesty, and simplicity in both human interactions and governance.

Daoist leaders are urged to exercise gentle governance, giving people the opportunity

to cultivate their own virtues and coexist peacefully without undue intervention. The

idea of hard moral standards and social norms is also criticised by Daoism, which

contends that stringent obedience to rules can cause discord and strife. Rather, it

promotes a more flexible view of morality that is contingent on context and flexible

enough to accommodate the intricacies of interpersonal interactions.31

29. Seok B. "Justice and Religion: Confucianism." In Encyclopedia of Global Justice, edited by Deen
K. Chatterjee, 2011. Springer Science+Business Media B.V. DOI: 10.1007/978-1-4020-9160-5.
30. Leihzi (1990) The book of Lieh-Tzu: a classic of the Tao (trans: GrahamAC). Columbia University
Press, p 34
31. Tzu L (1985) The Tao Ti Ching (trans: Wilhelm R). Routledge and KeeganPaul, p 28
32. Zhuangzi (1996) The book of Chuang Tzu (trans: Palmer M, Breuilly E).Arkana (Penguin), London,
p 269
26

This viewpoint is consistent with the Daoist view that all beings are interrelated and

that social interactions should be balanced. Nonetheless, it can be difficult to apply

Daoist ideas to modern justice concerns. The focus on naturalism and non-action,

according to critics, may cause people to passively accept social injustices since they

may be discouraged from speaking out against wrongdoing in the interest of harmony.

As Daoist theory interacts with contemporary democratic principles, the harmony

between individual rights and community harmony continues to be a matter of

controversy.32 Daoism provides a unique viewpoint on justice that places a premium

on balance and moral conduct in both private and public spheres by highlighting

harmony with the Dao, the wu wei principle, and a compassionate approach to

government. Daoist ideas are still pertinent in today's debates about social justice,

ethics, and government since they are always changing.33

2.4.4 Justice and Religion: Judaism

According to David S. Maddison, the Tanakh, an acronym made up of the

letters T (for Torah), N (for Neviim, or the prophets), and K (for Ketuvim, or the

sacred texts), is the cornerstone of Judaism. The Tanakh is "the compilation of the

teachings of God to human beings in document form," according to Jews.34 Judaism

101 states that the Torah, which consists of the five books of Moses, is the holiest

book in Judaism, while the Talmud, which is a collection of legal precedents penned

later by Jewish sages, is referred to as "the Oral Torah." As a result, the Halakhah, or

Jewish legal code, which has been in effect for millennia and is still upheld by

orthodox Jews, is based on the Tanakh and Talmud. Jewish defenders frequently

assert that Judaism is a worldwide religion that makes no claims to Jewish superiority.

33. McDougall, U. Edward. "Justice and Religion: Daoism." In Encyclopedia of Global Justice, edited
by Deen K. Chatterjee, 1st ed., Springer Science+Business Media B.V., 2011. DOI: 10.1007/978-1-
4020-9160-5.
34. David S. Maddison, Judaism and Its Foundations
27

But since "God offered the Torah to all the nations of the earth, and the Jews were the

only ones who accepted it," and because "Jews have a special status in the eyes of

God," this seems to contradict the idea that they are "God's chosen people." As a

result, detractors contend that several Talmudic laws seem to discriminate against

non-Jews.

In Jewish History, Jewish Religion: The Weight of Three Thousand Years, for

example, Professor Israel Shahak draws attention to differences in how Jews and

Gentiles are treated under Jewish law. He claims that whereas killing a Jew carries the

death penalty, killing a Gentile is just seen as a transgression of Heaven's laws and is

not subject to legal punishment. Furthermore, indirect acts that result in a Gentile's

death are not considered sinful.35 Laws pertaining to the alleged promiscuity of

Gentiles are further criticised by Shahak. He clarifies that regardless of a woman's

marital status, the Halakhah presumes that Gentile women are promiscuous. When a

Jewish man and a Gentile woman engage in sexual activity, the Jewish male is only

flogged⁵, while the Gentile woman must be executed, even if the deed was forced

upon her. Shahak also cites specific Talmudic regulations that are directed against the

ancient Palestinian countries that Joshua overran and the Amalekites, who are seen as

Israel's perpetual foes. These laws demand that certain countries be completely

eradicated. In modern times, some influential rabbis identify Palestinians—or even

Arabs more broadly—with these ancient nations, interpreting biblical commands such

as “thou shalt save alive nothing that breatheth” (Deuteronomy 20:16) as still relevant.
37

35. Israel Shahak, Jewish History, Jewish Religion: The Weight of Three Thousand Years (London:
Pluto Press, 1994), 87.
36. Ibid., 89.
37. Deuteronomy 20:16, The Holy Bible.
38. David Rosen, “Israeli Legal Justifications for Military Action,” Journal of Jewish Studies, vol. X,
no. X (Publication details unknown), 33-34.
28

The Israeli government's "extrajudicial action" against Palestinians is justified by

renowned Jewish scholar David Rosen. He contends that severe punishments meted

out to Palestinians can lessen Jewish transgressions of the Torah, such as acts of

violence during the Intifada, and deter future transgressions. According to Rosen,

Israeli law now justifies these acts as a deterrent to future aggression, including the

murder of Palestinian leaders and the destruction of homes38. The aforementioned

discussion highlights a major conflict between the globally recognised concepts of

equity, fairness, and human rights—which protect the fundamental rights of every

person regardless of race, creed, or nationality—and justice as envisioned in

traditional Jewish law. The widely accepted Jewish claim that Judaism is a universal

religion intended for all people is called into question by this tension.

35. Israel Shahak, Jewish History, Jewish Religion: The Weight of Three Thousand Years (London:
Pluto Press, 1994), 87.
36. Ibid., 89.
37. Deuteronomy 20:16, The Holy Bible.
38. David Rosen, “Israeli Legal Justifications for Military Action,” Journal of Jewish Studies, vol. X,
no. X (Publication details unknown), 33-34.

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