Comparative Study of Justice in Christianity and Islam
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
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
viewpoint, proving its global applicability. This chapter examines the concepts and
dedication to establishing a fair and just society while also highlighting the distinctive
2.1 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
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
politics. This is evident from the fact that Plato's Republic opens with a discussion on
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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
writings and the Christian's writings is the idea of justice and the just human being.
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
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.
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.
The concepts of societal stability, interdependence, and equal dignity are the
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
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)
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as part of the nation's fervent war on terrorism. The United States' human rights
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
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
just as truth is for philosophical systems. This highlights the fundamental significance
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
Rawls, these institutions have a crucial role in determining people's expectations and
evaluated in light of its wider implications for societal stability, efficiency, and
virtue, its administration must take into account the broader effects it has on
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
6.Plato 1974 The Republic. Translated by Desmond Lee. England: Penguin Books Ltd.
6
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.
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
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.
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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
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
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
Dyer, serving a summons on the party in question is a prerequisite for the legitimacy
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
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
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
any way they think best always giving a fair opportunity to those who
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
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
which set aside the decision of the Lord Chancellor who was a shareholder in the
grounds of bias even if he has no financial stake in the outcome of the dispute.
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
importance that justice should not only be done, but should manifestly seen to be done.
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
literature emphasises that both models of constitutionality control of the laws strive
towards the same objective. Constitutional courts (France, Croatia, Hungary, Bulgaria,
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
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
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
Freedom of Expression
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
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
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
governance requires the open exchange of ideas and opinions. It is also believed that
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
Right to Privacy
“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
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.
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,
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.
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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
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
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
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.
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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
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
justice. A society's social structure is shielded against income inequality and other
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.
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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
the judicial system. In democracies, the legislative and executive branches are part of
justice that deals with the fairness of interactions between individual persons. As
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
area of corrective justice, even though its main goal is to differentiate between
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
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
and even burdens among people within a society or community. Often referred
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
several laws within the legal framework of a society however Scheffler (2015)
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
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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
allocation, and corrective justice, which rectifies inequalities19. In modern times, John
Rawls proposed justice as fairness, advocating for equal basic liberties and addressing
promote the rule of law, equality, and accountability. Montesquieu's principle of the
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
political justice requires equitable laws, protection of rights, and institutions that
scale, Martha Nussbaum's Capabilities Approach argues for extending justice beyond
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.
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A basic idea that aims to guarantee equality and fairness in society is social
seeks to ensure that all citizens get social, economic, and political justice. The
ability to advance the welfare of the populace and create a social order in which
position lies at the core of social justice. By ensuring that everyone has equal access
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
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
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
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.
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tackling today's social concerns, thereby enhancing the community's general well-
being.23
Access
prospects for future generations and feeds the cycle of poverty, low-paying jobs, and
well-being, education, and health can be achieved by closing this gap. Offering free
one way to address these imbalances at a larger level of public policy. Additionally,
Equity
Although the phrases equality and equity are sometimes used interchangeably,
they refer to different ideas. Equity acknowledges that different people may need
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
obstacles. For instance, promoting inclusive education and hiring more teachers to
accommodate children' individual needs are crucial first steps in building a society
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
solutions. Administrators can increase opportunities and enhance access across sectors
improve access to healthcare. Policies that forbid prejudice based on race, gender,
gender identity, religion, marital status, sexual orientation, age, physical ability, and
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
24. Kent State University Public Administration Blog. "The Five Principles of Social Justice."
Accessed December 17, 2024.
20
They can also motivate these advocates to look for permanent, long-term roles,
public policy.24
Human Right
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,
24. Kent State University Public Administration Blog. "The Five Principles of Social Justice."
Accessed December 17, 2024.
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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
This section titled "Justice and Religion: Buddhism" explores the complex
emphasizes Buddhism's core teachings, the moral obligations they involve, and the
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
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
that each person's actions can have a significant impact, which encourages a sense of
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
significant issues about the definition of justice and how social systems either
difficulties posed by social injustice. Renowned Vietnamese Zen master Thich Nhat
Hanh promoted a political settlement to the Vietnam War, highlighting the importance
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
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
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
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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
resolving current social inequities. For modern Buddhists attempting to negotiate the
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
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
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
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
characteristics like benevolence (ren), righteousness (yi), and propriety (li), this
moral values, with moral leaders setting an example and promoting a society that
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
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
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
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
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
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
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.
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,
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
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
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
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
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
equity, fairness, and human rights—which protect the fundamental rights of every
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.